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ALJ/TRP/sid Mailed 12/6/2002

Decision 02-12-013 December 5, 2002

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Application of Sempra Communications (U 6282 C) for A Certificate of Public Convenience and Necessity In Order to Provide Competitive Local Exchange and Interexchange Services.

Application 00-02-020

(Filed February 11, 2000)

ORDER GRANTING APPLICATION OF SEMPRA

COMMUNICATIONS (U 6282-C) FOR CERTIFICATE

OF PUBLIC CONVENIENCE AND NECESSITY

By this order, we grant the application of Sempra Communications (Sempra) for an expanded Certificate of Public Convenience and Necessity (CPCN) for authority to construct fiber optic telecommunications facilities within its California service territory.

Background

On October 1, 1999, Sempra filed a petition in Investigation (I.) 95-04-044 for a CPCN to provide, on a statewide basis, facilities-based and resold competitive local exchange, access and interexchange services. In that petition, Sempra provided the information required by Rule 18 for providing those statewide services. In Decision (D.) 99-12-048 (December 16, 1999), the Commission granted Sempra a CPCN as a competitive local exchange carrier to offer resold local exchange services in the service territories of Pacific Bell (Pacific), GTE California Incorporated (GTEC),1 Roseville Telephone Company (RTC), and Citizens Company (CTC), for those petitioners as set forth in and inter Local Access and Transport Area (LATA) and intraLATA authority on a statewide basis. Pursuant to an Administrative Law Judge (ALJ) Ruling of February 11, 2000, Sempra's petition was converted to an application, and assigned Application (A.) 00-02-020 filed effective February 11, 2000. In D.00-06-019 (June 8, 2000), the Commission granted the joint motion of Sempra and the Commission's Office of Ratepayer Advocates (ORA) requesting that Sempra be granted limited facilities-based local exchange authority. The CPCN that was granted in D.00-06-019 permitted Sempra to provide competitive local exchange telecommunications services utilizing unbundled network elements and equipment installed solely within or on existing buildings and structures within the service territories of Pacific, Verizon, RTC and CTC. The decision further stated that authorization for expanded facilities-based authority involving construction work would require conformance with California Environmental Quality Act of 1970 (CEQA)2 requirements. The application was left open for further consideration of Sempra's request for expanded facilities-based CPCN authority.

1 GTE California, Inc. has since changed its name to Verizon California, Inc. 2 Ca. Pub. Res. Code §§ 21000 et seq. and 14 Ca. Code of Reg. §§ 15000 et seq.

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