Assignment of Proceeding
Geoffrey Brown is the Assigned Commissioner and Dorothy Duda is the assigned Administrative Law Judge in this proceeding.
1. D.99-11-050 established a procedure for Pacific or carriers with which Pacific has interconnection agreements to annually nominate UNEs for review of Pacific's adopted UNE rates.
2. The current shared and common cost markup of 19% is calculated by dividing total shared and common costs by total direct UNE costs.
3. For the markup to decline, decreases in shared and common costs must exceed decreases in total direct UNE costs.
4. Joint Applicants estimate overhead expenses using limited categories of corporate operations and network operations expenses from 1994 to 2002.
5. The FCC's Triennial Review Order (TRO) and Triennial Review Remand Order (TRRO) together find that SBC has no obligation to provide competitive local exchange carriers access to the mass market local switching UNE or unbundled shared transport.
1. Joint Applicants have not provided preliminary evidence that shows a decline in the shared and common markup because they have not shown that potential declines in total shared and common costs exceed declines in total direct UNE costs.
2. Joint Applicants' request to review shared transport rates should be denied given that the FCC no longer requires unbundling of mass market switching and shared transport.
3. It is not reasonable to review the shared and common cost markup or shared transport costs at this time.
4. Public disclosure of information in SBC's reply comments would place SBC at an unfair business disadvantage.
5. SBC's request to file information under seal should be granted.
IT IS ORDERED that:
1. Application 04-03-013 is denied.
2. SBC's motion to file information under seal is granted for two years from the date of this order. During that period, the information shall not be made accessible or disclosed to anyone other than the Commission staff except upon execution of an appropriate non-disclosure agreement with SBC, or on the further order or ruling of the Commission, the Assigned Commissioner, the Assigned Administrative Law Judge (ALJ), or the ALJ then designated as Law and Motion Judge.
3. If SBC believes that further protection of the information filed under seal is needed, it may file a motion stating the justification for further withholding of the information from public inspection, or for such other relief as the
Commission rules may then provide. This motion shall be filed no later than one month before the expiration date of today's protective order.
4. This application is closed.
This order is effective today.
Dated ____________________, at San Francisco, California.
