10. Assignment of Proceeding

Rachelle B. Chong is the assigned Commissioner and Myra J. Prestidge is the assigned Administrative Law Judge in this proceeding.

1. Notice of the application appeared in the Daily Calendar on July 7, 2009.

2. No protests have been filed.

3. A hearing is not required.

4. Applicant has a minimum of $100,000 of cash or cash equivalent that is reasonably liquid and readily available to meet the financial showing requirements.

5. Applicant possesses sufficient experience and knowledge to provide telecommunications services.

6. Applicant states that the authority sought by this application will not impact customer rates. Accordingly, no tariff was included with the application.

7. The Commission is the Lead Agency for the proposed project under CEQA.

8. By this application, Applicant does not seek permission to engage in any specific project.

9. Applicant's proposed facilities-based construction activities, as described in the application, are limited and, in some circumstances, may qualify for an exemption from CEQA.

10. The expedited 21-day process for ED staff review of the applicability of the CEQA exemptions for certain proposed facilities-based construction projects, as set forth in this decision, is adequate for the Commission's purposes as the CEQA Lead Agency and is in the public interest.

11. The application provides detailed information on the degree to which the proposed projects may implicate CEQA.

12. Applicant has met the requirements for issuance of a CPCN authorizing the provision of full facilities-based local exchange services.

2. Applicant has sufficient technical expertise to operate as a full facilities-based telecommunications carrier.

3. Public convenience and necessity require that Applicant's competitive local exchange services be subject to the terms and conditions set forth herein.

4. The CEQA review process set forth below is appropriate for certain construction projects described in the application, which may be exempt from the requirements of CEQA. Should Applicant propose other types of construction projects, a different level of CEQA review may be required, and Applicant should file for an application for project approval from the Commission and undergo any required environmental review.

5. Applicant should be granted a full facilities-based CPCN, subject to the requirement that Applicant comply with the expedited 21-day process for ED staff review of potentially CEQA-exempt projects, as stated in this order, and apply for Commission approval and undergo CEQA review for other types of projects.

6. Because of the public interest in competitive local exchange services, the following order should be effective immediately.

ORDER

IT IS ORDERED that:

1. The certificate of public convenience and necessity currently held by Freedom Telecommunications, Inc. (U7110C) is expanded to authorize full facilities-based services, subject to the terms and conditions set forth below.

2. Freedom Telecommunications, Inc. is authorized to provide full facilities-based local exchange service in the service territories of Pacific Bell Telephone Company dba AT&T California, Verizon California Inc., SureWest Communications (formerly Roseville Telephone Company), and Citizens Telecommunications Company of California, Inc., dba Frontier Communications.

3. Freedom Telecommunications, Inc. (Applicant) may seek authorization to construct facilities which may be subject to an exemption from the requirements of the California Environmental Quality Act, pursuant to the process set forth in Ordering Paragraph 5 below. For other types of projects, Applicant shall apply for Commission authorization and undergo any required environmental review before commencing construction.

4. The California Environmental Quality Act review process adopted in today's decision is appropriate for the projects as described in the application. A different level of California Environmental Quality Act review may be required, should Applicant propose different types of construction projects.

5. The staff of the Commission's Energy Division is authorized to review, process, and act upon Freedom Telecommunications, Inc.'s (Applicant) requests for a determination that its proposed construction activities are exempt from the requirements of the California Environmental Quality Act, using the following procedure:

o A detailed description of the proposed project, including:

· 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 documentation supporting the finding of exemption from California Environmental Quality Act.

6. Freedom Telecommunications, Inc. shall not engage in any construction activity relating to a pending California Environmental Quality Act exemption request before receiving a Notice to Proceed from the Commission's Energy Division.

7. Freedom Telecommunications, Inc. may follow the California Environmental Quality Act procedure in Ordering Paragraph 5 unless and until the Commission adopts different requirements, applicable to Applicant, for California Environmental Quality Act compliance in Rulemaking 06-10-006 or a subsequent proceeding.

8. The certificate granted will expire if not exercised within 12 months after the effective date of this order.

9. The corporate identification number assigned to Freedom Telecommunications, Inc., (U7110C), shall be included in the caption of all original filings with this Commission, and in the titles of other pleadings filed in existing cases.

10. Freedom Telecommunications, Inc. shall comply with all applicable Commission rules, decisions, general orders, and statutes that pertain to California telecommunication public utilities, subject to any exemptions granted in this decision.

11. Application 09-07-003 is closed.

This order is effective today.

Dated November 20, 2009, at San Francisco, California.

Previous PageTop Of PageGo To First Page