Antonuk_dh.doc

October 4, 1999

VIA FACSIMILE

John Antonuk
Liberty Consulting
65 Main Street
Quentin, PA 17083

Re: C-Systems and GTE Arbitration Case

Dear John,

Attached for your information is the letter I faxed today to the parties in the above-referenced case. We have set up the conference call with six ports (you, me, GTE (2) and C-Systems (2)). If GTE or C-Systems needs to add additional persons onto the call, they can do so by dialing the same number. To join the call, dial 888-808-8525 and the code is 285527.

Pursuant to our telephone conversation last week, I agree that the parties may be able to resolve some of their disputes at the prehearing conference. Gentle prodding may be sufficient for the parties to reach agreement on some issues.

You may also want to inquire about the nature of C-Systems operations. Although the FCC has an interconnection rule regarding interim transport and termination pricing, it appears that the requirement to “immediately [enter] an interim arrangement, pending resolution of negotiation or arbitration . . . shall not apply when the requesting carrier has an existing interconnection arrangement that provides for the transport and termination of local communications traffic by the incumbent LEC.” 47 C.F.R. § 51.715(a)(1). Neither party seemed to specifically address this FCC rule and I am not sure whether it is actually applicable in this instance.

I think that Weldon has already mentioned to you about Commissioner Smith’s absence from November 8 through December 10 of this year. The parties may want to take this into account when establishing the schedule in this case.

If you have any questions between now and the scheduling conference, please give me a call at [phone].

Sincerely,

Donald L. Howell, II
Deputy Attorney General

Attachment

Vld/L:Antonuk_dh