20030528_492.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
WORKING FILE
FROM:JOE CUSICK
DATE:MAY 23, 2003
SUBJECT:ESTABLISHMENT OF A TRIENNIAL REVIEW DOCKET
On February 20 2003 , the FCC adopted rules in CC Docket No. 01-338
commonly know as the Triennial Review, concerning local exchange carriers' obligations
to make elements of their networks available on an unbundled basis to new entrants. The
FCC order has not yet been issued but is expected by the end of May or early June at the
latest.
In its decision, the FCC made a rebuttable presumption that switching for
business customers served by high-capacity loops such as DS-1 will no longer be
unbundled based on the FCC's finding of no impairment. Under this framework, states
will have 90 days to rebut the national finding.
For mass market customers, the FCC sets out specific criteria that states shall
apply to determine, on a granular basis, whether economic and operational impairment
exists in a particular market. States have 9 months to complete proceedings on this issue.
Given these time frames, 90 days for the Commission to issue an order on the
impairment of switching for high-capacity loops and 9 months for impairment ofUNEs
for the mass market, Staff believes that it is best to open up a docket on the Triennial
Review and issue a Notice of Right to Intervene to all telecommunications providers in
the state.
DECISION MEMORANDUM MAY 23 , 2003
COMMISSION DECISION
Does the Commission wish to open a case on the Triennial Review and issue a
Notice of Right to Intervene?
Joe CUBicfR~ ~~!
udrnernos/triennial review
DECISION MEMORANDUM MAY 23 , 2003