Cal. PUC told Pacific Bell it not only must satisfy federal Telec...
Cal. PUC told Pacific Bell it not only must satisfy federal Telecom Act for long distance market entry but also must prove separately that it satisfies intrastate long distance market entry requirements of Cal. law. PUC Comr. Geoffrey Brown…
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gave telco until June 4 to file evidence that it had complied with state long distance entry law. He made ruling in response to motion by group of Cal. CLECs in PUC’s current Sec. 271 proceeding on whether to support Pac Bell entry before FCC. Brown agreed with CLECs’ argument that showings required under state utility code’s Sec. 709.2 for intrastate long distance entry by an incumbent telco or its affiliates were similar enough to Telecom Act’s 14-point checklist that a state Sec. 709.2 “assessment” proceeding for Pac Bell also could serve as basis for PUC’s federal Sec. 271 recommendation. Pac Bell unsuccessfully argued that Sec. 271 case record also could serve to determine compliance with state law, which requires proof for instance that incumbent telco isn’t behaving in anticompetitive way and isn’t cross-subsidizing long distance business from local revenues. Brown ruled that “mere assertions” by Pac Bell that evidence from Telecom Act proceeding could serve in a related but separate state case weren’t enough basis for PUC action.