Section 709.2 Of Article 1. Generally From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 4. >> Article 1.
709.2
. (a) The commission shall authorize fully open competition
for intrastate interexchange telecommunications service, otherwise
known as intrastate interLATA, or intrastate service between local
access and transport areas, in California if federal legislation or
court action amends the modification of final judgment entered by the
United States District Court for the District of Columbia in United
States v. Western Electric, Civil Action No. 82-0192, to allow open
competition in that service.
(b) (1) If neither federal law nor court action has authorized
full intrastate interexchange competition, the commission shall order
the opening of all intrastate interexchange telecommunications
markets to full competition, and the commission shall order, no later
than October 1, 1995, all telephone corporations subject to the
restrictions in the modification of final judgment to offer full
intrastate interexchange service, and to seek a waiver of the
interexchange telecommunications service restriction from the federal
court overseeing the modification of final judgment. The service may
be offered through resale and through facilities owned by the
telephone corporations.
(2) If the federal district court denies the waiver request, and
an appeal is taken and the federal Court of Appeals affirms the
denial and refuses to remand the waiver request to the federal
district court for further review, and review is sought in the United
States Supreme Court and that court refuses to review or reviews and
affirms the lower court decisions denying the waiver, and the
commission determines that all reasonable legal recourse has been
exhausted by the telephone corporation, the commission shall rescind
the order.
(3) No order shall be implemented, nor services marketed by the
telephone corporations until a waiver is granted or until federal
legislation or court action amends the modification of final judgment
to allow open competition in intrastate interexchange
telecommunications service.
(c) No commission order authorizing or directing competition in
intrastate interexchange telecommunications shall be implemented
until the commission has done all of the following, pursuant to the
public hearing process:
(1) Determined that all competitors have fair, nondiscriminatory,
and mutually open access to exchanges currently subject to the
modified final judgment and interexchange facilities, including fair
unbundling of exchange facilities, as prescribed in the commission's
Open Access and Network Architecture Development Proceeding (I.
93-04-003 and R. 93-04-003).
(2) Determined that there is no anticompetitive behavior by the
local exchange telephone corporation, including unfair use of
subscriber information or unfair use of customer contacts generated
by the local exchange telephone corporation's provision of local
exchange telephone service.
(3) Determined that there is no improper cross-subsidization of
intrastate interexchange telecommunications service by requiring
separate accounting records to allocate costs for the provision of
intrastate interexchange telecommunications service and examining the
methodology of allocating those costs.
(4) Determined that there is no substantial possibility of harm
to the competitive intrastate interexchange telecommunications
markets.
(d) The opening of intrastate interexchange telecommunications
markets to competition pursuant to this section shall not precede,
but may be coincident with, the opening of competition within the
local exchange markets, as expressly authorized by the commission,
subject to subdivision (c).
(e) No part of this section shall be construed as constituting a
state action within the meaning of Parker v. Brown, 317 U.S. 341.
(f) No part of this section shall be construed to preempt
application of the unfair practices or antitrust laws of this state.