8. Assignment of Proceeding
Rachelle B. Chong is the assigned Commissioner and Robert Barnett is the assigned Administrative Law Judge in this proceeding.
1. Applicant seeks authorization to provide full facilities-based local exchange and interexchange services.
2. The Commission is the Lead Agency for this project under CEQA.
3. Applicant's proposed facilities-based project activities are of a limited nature and would in almost all circumstances be highly likely to qualify for an exemption from CEQA.
4. Applicant has met the requirements for issuance of a CPCN authorizing the provision of full facilities-based local exchange and interexchange services.
1. Except for the requirement for additional environmental (CEQA) review, the requirements for a full facilities-based CPCN are generally the same as for a limited facilities-based CPCN.
2. Applicant's description of its future construction projects and proposed process for Commission review of claimed CEQA exemptions for these projects meet the requirements of CEQA.
3. Public convenience and necessity require applicant's full facilities-based local exchange and interexchange services to be offered to the public subject to the terms and conditions set forth herein.
4. Applicant's request to file its financial information under seal should be granted, to the extent set forth below.
5. Applicant's request to change its application from a limited facilities-based service to a full facilities-based service is granted. The caption shall so note.
ORDER
IT IS ORDERED that:
1. A certificate of public convenience and necessity is granted to Public Wireless, Inc., to operate as a full facilities-based provider of local exchange services in the service territories of Pacific Bell Telephone Company, Verizon California Inc., SureWest Telephone, and Citizens Telephone Company and interexchange services statewide, subject to the terms and conditions set forth below.
2. The staff of the Commission's Energy Division is authorized to review, process, and act upon applicant's requests for a determination that its full facilities-based construction activities are exempt from the requirements of the California Environmental Quality Act.
3. If applicant wishes to engage in full facilities-based construction activities and believes that these activities are exempt from California Environmental Quality Act, applicant shall first apply to the Commission's Energy Division staff for a determination of exemption from California Environmental Quality Act using the following procedure:
· Applicant will provide the Commission's Energy Division with:
o A detailed description of the proposed project, including:
· Customer(s) to be served;
· The precise location of the proposed construction project; and
· Regional and local site maps.
o A description of the environmental setting, including at a minimum:
· Cultural, historical, and paleontologic resources;
· Biological resources; and
· Current land use and zoning.
o A construction workplan, including:
· Commission Preconstruction Survey Checklist-Archaeological Resources;
· Commission Preconstruction Survey Checklist-Biological Resources;
· A detailed schedule of construction activities, including site restoration activities;
· A description of construction/installation techniques;
· A list of other agencies contacted with respect to siting, land use planning, and environmental resource issues, including contact information; and
· A list of permits required for the proposed project.
o A statement of the California Environmental Quality Act exemption(s) claimed to apply to the proposed project; and
o Documentation supporting the finding of exemption from California Environmental Quality Act.
· The Energy Division will then review the submittal and notify applicant of either its approval or its denial of applicant's claim for exemption from California Environmental Quality Act review within 21 days from the time that applicant's submittal is complete.
· If the Energy Division approves applicant's claimed California Environmental Quality Act exemption(s), the staff will prepare a Notice to Proceed and file a Notice of Exemption with the State Clearinghouse, Office of Planning and Research.
· If the Energy Division disapproves applicant's claimed California Environmental Quality Act exemptions, the staff will issue to applicant a letter which states the specific reasons that the claimed California Environmental Quality Act exemptions do not apply to the proposed project.
· If the Energy Division disapproves applicant's claimed California Environmental Quality Act exemption(s), applicant shall either re-design the specific project and facilities and then reapply for a finding of exemption from California Environmental Quality Act, or file a formal application with the Commission seeking the requisite approval and full California Environmental Quality Act review, before commencing any full facilities-based construction activities.
4. Public Wireless, Inc. is authorized to file tariff schedules for the provision of competitive local exchange services. Public Wireless, Inc. may not offer competitive local exchange services until tariffs are on file. Public Wireless' initial filing shall be made in accordance with General Order 96-B.
5. The certificate granted and the authority to render service under the rates, charges, and rules authorized herein will expire if not exercised within 12 months after the effective date of this order.
6. The corporate identification number assigned to Public Wireless, Inc., U7146C, shall be included in the caption of all original filings with this Commission, and in the titles of other pleadings filed in existing cases.
7. Public Wireless, Inc. shall comply with the requirements applicable to competitive local exchange carriers included in Attachments B, C, and D to this decision.
8. Public Wireless' financial statements and information filed as Exhibits D, E, and G to the application shall be filed under seal and shall remain under seal for a period of two years after the date of this order. During this two-year period, the information filed as Exhibits D, E, and G to its application shall remain under seal and shall not be viewed by any person other than the assigned Commissioner, the assigned Administrative Law Judge, the Assistant Chief Administrative Law Judge, or the Chief Administrative Law Judge, except as agreed to in writing by applicant or as ordered by a court of competent jurisdiction. If applicant believes that it is necessary for this information to remain under seal for longer than two years, applicant shall file a new motion at least 30 days before the expiration of this limited protective order.
9. Local jurisdictions have maintained in the past that the expedited review process may allow the installation of utility poles or overhead telecommunications lines in areas designated as underground-only districts. Local ordinances often grant exceptions for the installation of overhead equipment in underground-only districts by utilities providing telecommunications services. Thus, the procedure we adopt here will allow the installation of utility poles and overhead lines in underground districts only when the local jurisdiction grants Public Wireless the necessary exception.
10. The Commission is reviewing California Environmental Quality Act issues relating to telecommunications providers on a broader, policy basis in R.00-02-003. If the Commission revises or adopts new requirements for review an approval of claimed California Environmental Quality Act exemptions for telecommunications carriers, Public Wireless, Inc. shall be subject to those requirements, as applicable.
11. Public Wireless, Inc. may install a limited number of new poles, may engage in small-scale trenching and underground conduit installation of up to five miles, and may engage in micro-trenching and the installation of laterals of up to 25 feet. These activities fall within the extensions, minor alterations and infill exemptions to California Environmental Quality Act, so neither an environmental impact report nor a Negative Declaration should be required.
12. Application 09-02-014 is closed.
This order is effective today.
Dated July 30, 2009, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners
ATTACHMENT A
LIST OF DEFICIENCIES
List of deficiencies in draft tariff submitted by Public Wireless, Inc., in A.09-02-014 to be corrected in its initial tariff compliance filing:
1. Tariff Sheet Format: CPUC assigned utility ID number (U#) should be included on each sheet in the upper left header along with Company name and address. (General Order 96B, Section 8.4.1.)
2. Tariff No. 1-T Original Sheets 21, Interest on Deposit - Please conform deposit interest rule to requirements specified in Appendix B, Rule 5, Decision 95-07-054.
(END OF ATACHMENT A)
ATTACHMENT B
REQUIREMENTS APPLICABLE TO COMPETITIVE LOCAL EXCHANGE CARRIERS AND INTEREXCHANGE CARRIERS
1. Applicant shall file, in this docket, a written acceptance of the certificate granted in this proceeding within 30 days of the effective date of this order.
2. Applicant is subject to the following fees and surcharges that must be regularly remitted. Per the instructions in Appendix E to Decision (D.) 00-10-028, the Combined California PUC Telephone Surcharge Transmittal Form must be submitted even if the amount due is $0.
a. The current 1.15% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the Universal Lifeline Telephone Service Trust Administrative Committee Fund (Pub. Util. Code § 879; Resolution T-17071, dated March 1, 2007, effective April 1, 2007);
b. The current 0.20% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the California Relay Service and Communications Devices Fund (Pub. Util. Code § 2881; D.98-12-073 and Resolution T-17127, dated December 20, 2007, effective January 1, 2008);
c. The user fee provided in Pub. Util. Code §§ 431-435, which is 0.18% of gross intrastate revenue (Resolution M-4819), dated June 7, 2007, effective July 1, 2007;
d. The current 0.13% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the California High Cost Fund-A (Pub. Util. Code § 739.3; D.96-10-066, pp. 3-4, App. B, Rule 1.C; Resolution T-17128, dated December 20, 2007, effective January 1, 2008);
e. The current 0.25% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the California High Cost Fund-B (D.96-10-066, p. 191, App. B, Rule 6.F., D.07-12-054);
f. The current 0.25% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the California Advances Services Fund (D.07-12-054); and
g. The current 0.079% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the California Teleconnect Fund (D.96-10-066, p. 88, App. B, Rule 8.G, Resolution T-17142, dated April 29, 2008, effective June 1, 2008).
Note: These fees change periodically. In compliance with Resolution T-16901, December 2, 2004, Applicant should check the joint tariff for surcharges and fees filed by Pacific Bell Telephone Company (dba AT&T California) and apply the current surcharge and fee amounts in that joint tariff on end-user bills until further revised.
3. Applicant is a competitive local exchange carrier (CLC). The effectiveness of its future tariffs is subject to the requirements of General Order 96-B and the Telecommunications Industry Rules (D.07-09-019).
4. Applicant is a nondominant interexchange carrier (NDIEC). The effectiveness of its future NDIEC tariffs is subject to the requirements of General Order 96-B and the Telecommunications Industry Rules (D.07-09-019).
5. Tariff filings shall reflect all fees and surcharges to which Applicant is subject, as reflected in 2 above.
6. Applicant shall file a service area map as part of its initial tariff.
7. Prior to initiating service, Applicant shall provide the Commission's Consumer Affairs Branch with the name and address of its designated contact person(s) for purposes of resolving consumer complaints. This information shall be updated if the name or telephone number changes, or at least annually.
8. Applicant shall notify the Director of the Communications Division in writing of the date that local exchange service is first rendered to the public, no later than five days after service first begins.
9. Applicant shall notify the Director of the Communications Division in writing of the date interLATA service is first rendered to the public within five days after service begins, and again within five days after intraLATA service begins.2
10. Applicant shall keep its books and records in accordance with the Generally Accepted Accounting Principles.
11. In the event Applicant's books and records are required for inspection by the Commission or its staff, it shall either produce such records at the Commission's offices or reimburse the Commission for the reasonable costs incurred in having Commission staff travel to its office.
12. Applicant shall file an annual report with the Director of the Communications Division, in compliance with GO 104-A, on a calendar-year basis with the information contained in Attachment C to this decision.
13. Applicant shall file an affiliate transaction report with the Director of the Communications Division, in compliance with D.93-02-019, on a calendar year basis using the form contained in Attachment D.
14. Applicant shall ensure that its employees comply with the provisions of Public Utilities (Pub. Util.) Code § 2889.5 regarding solicitation of customers.
15. Within 60 days of the effective date of this order, Applicant shall comply with Pub. Util. Code § 708, Employee Identification Cards, and notify the Director of the Communications Division in writing of its compliance.
16. If Applicant is 90 days or more late in filing an annual report, or in remitting the surcharges and fee listed in 2 above, the Communications Division shall prepare for Commission consideration a resolution that revokes Applicant's CPCN unless it has received written permission from the Communications Division to file or remit late.
17. Applicant is exempt from Commission Rules of Practice and Procedure 3.1(b).
18. Applicant is exempt from Pub. Util. Code §§ 816-830.
19. Applicant is exempt from the requirements of Pub. Util. Code § 851 for the transfer or encumbrance of property whenever such transfer or encumbrance serves to secure debt.
20. If Applicant decides to discontinue service or file for bankruptcy, it shall immediately notify the Communications Division's Bankruptcy Coordinator.
21. Applicant shall send a copy of this decision to concerned local permitting agencies not later than 30 days from the date of this order.
(END OF ATTACHMENT B)
ATTACHMENT C - ANNUAL REPORT
An original and a machine readable, copy using Microsoft Word or compatible format shall be filed with the California Public Utilities Commission, State Office Building, 505 Van Ness Avenue, Room 3107, San Francisco, CA 94102-3298, no later than March 31st of the year following the calendar year for which the annual report is submitted.
Failure to file this information on time may result in a penalty as provided for in §§ 2107 and 2108 of the Public Utilities Code.
Required information:
1. Exact legal name and U # of the reporting utility.
2. Address.
3. Name, title, address, and telephone number of the person to be contacted concerning the reported information.
4. Name and title of the officer having custody of the general books of account and the address of the office where such books are kept.
5. Type of organization (e.g., corporation, partnership, sole proprietorship, etc.).
If incorporated, specify:
a. Date of filing articles of incorporation with the Secretary of State.
b. State in which incorporated.
6. Number and date of the Commission decision granting the Certificate of Public Convenience and Necessity.
7. Date operations were begun.
8. Description of other business activities in which the utility is engaged.
9. List of all affiliated companies and their relationship to the utility. State if affiliate is a:
a. Regulated public utility.
b. Publicly held corporation.
10. Balance sheet as of December 31st of the year for which information is submitted.
11. Income statement for California operations for the calendar year for which information is submitted.
For answers to any questions concerning this report, call (415) 703-2883.
(END OF ATTACHMENT C)
ATTACHMENT D
CALENDAR YEAR AFFILIATE TRANSACTION REPORT
1. Each utility shall list and provide the following information for each affiliated entity and regulated subsidiary that the utility had during the period covered by the annual Affiliate Transaction report.
· Form of organization (e.g., corporation, partnership, joint venture, strategic alliance, etc.);
· Brief description of business activities engaged in;
· Relationship to the utility (e.g., controlling corporation, subsidiary, regulated subsidiary, affiliate);
· Ownership of the utility (including type and percent ownership)
· Voting rights held by the utility and percent; and
· Corporate officers.
2. The utility shall prepare and submit a corporate organization chart showing any and all corporate relationships between the utility and its affiliated entities and regulated subsidiaries in #1 above. The chart should have the controlling corporation (if any) at the top of the chart; the utility and any subsidiaries and/or affiliates of the controlling corporation in the middle levels of the chart and all secondary subsidiaries and affiliates (e.g., a subsidiary that in turn is owned by another subsidiary and/or affiliate) in the lower levels. Any regulated subsidiary should be clearly noted.
3. For a utility that has individuals who are classified as "controlling corporations" of the competitive utility, the utility must only report under the requirements of #1 and #2 above any affiliated entity that either (a) is a public utility or (b) transacts any business with the utility filing the annual report excluding the provision of tariff services.
4. Each annual report must be signed by a corporate officer of the utility stating under penalty of perjury under the laws of the State of California
(CCP 2015.5) that the annual report is complete and accurate with no material omissions.
5. Any required material that a utility is unable to provide must be reasonably described and the reasons the data cannot be obtained, as well as the efforts expended to obtain the information, must be set forth in the utility's annual Affiliate Transaction Report and verified in accordance with Section I-F of Decision 93-02-019.
6. Utilities that do no have affiliated entities must file, in lieu of the annual transaction report, an annual statement to the Commission stating that the utility had no affiliated entities during the report period. This statement must be signed by a corporate officer of the utility, stating under penalty of perjury under the laws of the State of California (CCP 2015.5) that the annual report is complete and accurate with no material omissions.
(END OF ATTACHMENT D)
2 California is divided into ten Local Access and Transport Areas (LATAs), each containing numerous local telephone exchanges. InterLATA describes services, revenues and functions relating to telecommunications originating within one LATA and terminating in another LATA. IntraLATA describes services, revenues and functions relating to telecommunications originating within a single LATA.
