FCC Establishes Pleading Cycle On Georgia PSC Section 271 UNE Rate Petition

On April 18 the Georgia PSC (GPSC) filed a petition asking the FCC to bless the rates it established for Section 271 UNEs. The full petition is available here. Specifically, the petition for declaratory ruling seeks clarification that the GPSC is not preempted by federal law from setting just and reasonable rates under Section 271 of the Act, for local switching, high capacity loops and transport, and line sharing. In the alternative, the if FCC decides that GPSC is in fact preempted from setting Section 271 rates, the GPSC asks the FCC to find that the rates it has already adopted for high capacity loops and transport and line sharing are just and reasonable, and that BellSouth is obligated to abide by those rates in Georgia. If the Commission instead finds that the rates ordered by the GPSC are not just and reasonable, and that the GPSC is preempted from setting rates in this context, the GPSC asks the Commission to set just and reasonable rates for BellSouth's high capacity loops and transport, and line sharing in Georgia based on the record in the state proceeding the GPSC attached to its petition. Comments on the petition are due May 19, 2006 and reply comments are due June 5, 2006. Please contact us if you would like more information or like to file comments in the proceeding.