BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Joint Application of Citizens Telecommunications Company of California, Inc. (U-1024-C), and GTE California Incorporated (U-1002-C) for Authority and Approval Under Public Utilities Code Section 851 for GTEC to Sell and Transfer Assets to CTC-California. |
Application 99-09-027 |
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In the Matter of the Joint Application of Citizens Telecommunications Company of Golden State, Inc. (U-1025-C), and GTE West Coast Incorporated (U-1020-C) for Authority and Approval Under Public Utilities Code Section 851 for GTE West Coast to Sell and Transfer Assets to CTC-Golden State. |
Application 99-09-031 |
ADMINISTRATIVE LAW JUDGE'S RULING
REGARDING THE LATE-FILED PROTEST
SUBMITTED BY THE HOOPA VALLEY TRIBE
This ruling denies the petition submitted by the Hoopa Valley Tribe for leave to intervene and submit a late-filed protest to Application (A.) 99-09-027.
Background
On June 27, 2000, the Hoopa Valley Tribe submitted a protest1 to A.99-09-027 ("Hoopa Valley Tribe Protest" or "Protest") that asks the Commission to take the following actions in regards to A.99-09-027:
1. Add the Hoopa Valley Tribe to the service list as an appearance.
2. Hold a public participation hearing in Hoopa.
3. Deny the motion filed by GTE California Incorporated (GTEC) and Citizens Telecommunications Company of California (Citizens) (collectively, "Applicants") to place portions of A.99-09-027 under seal.
4. Allocate 100% of any gain on sale to system improvements in order to remedy infrastructure and service deficiencies in the Hoopa Valley Indian Reservation.
5. Require Applicants to tariff ISDN services.
6. Require Citizens to submit a plan for the implementation of DSL.
7. Require Citizens to adequately serve the entire Hoopa Valley Indian Reservation and nearby customers, including the northern end of the Reservation near Weitchpec, California.
8. Require Citizens to maintain a local service office.
9. Require that a microwave technician be stationed in Hoopa due to the Hoopa Valley Tribe's dependence on a microwave phone link that is subject to prolonged service interruptions.
10. Require Citizens to submit a plan to (i) meet industry standards for customer response times, (ii) meet industry standards for maintenance, and (iii) upgrade and install new technologies.
11. Require Citizens to establish a Point of Presence (POP) in Hoopa.
The Hoopa Valley Tribe states that their Protest should be accepted at this late date2 because the Applicants failed to provide the Tribe with timely and adequate notice of A.99-09-027.3
On July 12, 2000, the Applicants filed a response to the Protest in which the Applicants state that "the Protest should not be received" because it is untimely and raises no issues that are either new or relevant.
1 Response and Protest of Hoopa Valley Tribe. 2 This proceeding is well along in its progress. Application 99-09-027 was filed on September 15, 1999. Notice of A.99-09-027 appeared in the Commission's Daily Calendar on September 17, 1999. The Office of Ratepayer Advocates (ORA) filed a timely protest on October 20, 1999, and the Applicants filed their response on November 1, 1999. A Prehearing Conference was held on January 19, 2000. The assigned Commissioner issued a ruling on February 28, 2000, that set forth the scope and schedule of this proceeding. Del Norte County submitted a late-filed protest on March 24, 2000, which the assigned ALJ accepted on the grounds that the County's protest would not significantly delay the proceeding. On April 26, 2000, the Commission held a public participation hearing in Crescent City. Opening Briefs were filed on June 30, 2000, and Reply briefs are due on July 18, 2000. 3 The Hoopa Valley Tribe served their Protests on the parties to this proceeding, but the Docket Card for this proceedings shows no record of the Protest having been filed at the Commission's Docket Office. On July 14, 2000, the assigned ALJ filed an original and five copies of the Protest at the Docket Office on behalf of the Hoopa Valley Tribe.
