the court about the importance that Show Cause re: Mootness, intervenors have access to this December 15, 2016. information to ensure full and effective Court Order Dismissing decision-making by the Commission and Action, January 12, 2017. due process to intervenors like TURN. The arguments were carriers’ unsuccessful in federal court. The Court granted the request for a carriers’ temporary restraining order to prevent TURN initially from getting access to certain carrier confidential data while the federal litigation was pending. But after TURN and the Commission submitted further briefing, the Court determined that the Commission was not categorically preempted by FCC rules from releasing the data to TURN and others, as long as the data was protected by an adequate protective order and statutory rules that would prevent release of the data to the general public. While the federal court action was pending, the Commission adopted the Final Decision and closed this docket. The federal judge agreed with TURN and the Commission that without the risk that the Commission would enforce the ruling in the underlying ALJ’s Commission docket, the federal case is moot. OII, pp. 14, 21. Verified 6. Market Concentration/HHI The OII asked parties to address whether and to what extent intermodal Direct Testimony of Trevor competition exists and to analyze the Roycroft on behalf of TURN in competitive choices for voice and response to Information broadband services in California. Requests, June 1, 2016, TURN endeavored to provide a detailed, pp. 6, 22, 75, 83, Appendix A, comprehensive, and data driven analysis Appendix B. in response to the inquiry. OII’s
the court about the importance that intervenors have access to this information to ensure full and effective decision-making by the Commission and due process to intervenors like TURN. The carriers’ arguments were unsuccessful in federal court. The Court granted the carriers’ request for a temporary restraining order to prevent TURN initially from getting access to certain carrier confidential data while the federal litigation was pending. But after TURN and the Commission submitted further briefing, the Court determined that the Commission was not categorically preempted by FCC rules from releasing the data to TURN and others, as long as the data was protected by an adequate protective order and statutory rules that would prevent release of the data to the general public. While the federal court action was pending, the Commission adopted the Final Decision and closed this docket. The federal judge agreed with TURN and the Commission that without the risk that the Commission would enforce the ALJ’s ruling in the underlying Commission docket, the federal case is moot. Show Cause re: Mootness, December 15, 2016. Court Order Dismissing Action, January 12, 2017. 6. Market Concentration/HHI The OII asked parties to address whether and to what extent intermodal competition exists and to analyze the competitive choices for voice and broadband services in California. TURN endeavored to provide a detailed, comprehensive, and data driven analysis in response to the OII’s inquiry. OII, pp. 14, 21. Direct Testimony of Trevor Roycroft on behalf of TURN in response to Information Requests, June 1, 2016, pp. 6, 22, 75, 83, Appendix A, Appendix B. Verified
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