7. Waiver of Comment Period

No protests were filed to the Application and no hearing was held.  Today's decision grants the relief requested in an uncontested matter.  Accordingly, pursuant to Section 311(g)(2) of the Public Utilities code and Rule 14.6(c) (2) of the Commission's Rules of Practice and Procedure, the otherwise applicable 30-day period for public review and comment is waived.

1. On July 17, 2009, CVB submitted a project proposal for the Central Valley region, including, but not limited, to CBGs 060190039004, 060190039005, 060190041001, and 060190082002.

2. On August 14, 2009 Audeamus submitted a project proposal for the communities of San Joaquin, Tranquillity, and a portion of west Fresno County, including CBGs 060190039004, 060190039005, 060190041001, and 060190082002.

3. On January 21, 2010 the Commission adopted Res. T-17245, approving funding of $7,893,700 for the CVB project from the CASF, and made the award contingent on CVB receiving a Recovery Act grant of 80% of the total estimated cost.

4. On January 19, 2010, CVB received a denial letter for its broadband infrastructure project under the Recovery Act.

5. On January 25, 2010, Audeamus received a grant award for its broadband infrastructure project under the Recovery Act.

6. On February 12, 2010, Audeamus filed an application to modify Resolution T-17245 to remove and transfer CBGs 060190039004, 060190039005, 060190041001, and 060190082002 from CVB's proposed areas to Audeamus's proposal.

7. D. 07-12-054 established the two-year CASF program to provide matching funds of up to 40% of the total project costs for the deployment of broadband infrastructure in unserved and underserved areas in California.

8. Resolution T-17143 adopted CASF application guidelines, scoring criteria for the award of funds, and a prescribed timeline for other filings and notifications.

9. While retaining the CASF 40% matching grant, D.09-07-020 established new schedules and plans for the filing, review and approval of an additional round of broadband project requests in conjunction with the American Recovery and Reinvestment Act.

10. No protests were filed on the application.

1. The Recovery Rules provide that "RUS will not fund more than one project to serve a given geographic area. If more than one application would serve any overlapping area, the application with the highest score will be funded; other applications for the same area will be rejected in their entirety unless RUS, in its discretion, determines that the extent of the overlap is de minimus."

2. For the CBGs in question, CVB cannot meet the CASF Funding Contingency in Res. T-17245 because the Recovery Act prohibits "duplicate funding" in a given geographic area.

3. CVB should continue to deploy broadband as allowed by Res. T-17245A.

4. The Commission should still achieve the goal of deploying broadband in unserved and underserved areas of California will still be achieved because the CBGs that are disallowed in one application are being transferred to an approved Recovery Act application.

5. A.10-02-013 should be closed.

6. This order should be effective immediately so that Audeamus can deploy broadband in unserved and underserved areas of California without further delay.

ORDER

IT IS ORDERED that:

1. The Application of Audeamus LLC to Modify Resolution T-17245 to remove and transfer Census Block Groups 060190039004, 060190039005, 060190041001 and 060190082002 from Central Valley Broadband's proposed areas to Audeamus LLC's proposed areas, is granted.

2. Resolution T-17245A, attached to this decision, modifies Central Valley Broadband's original California Advanced Services Fund grant.

3. The Executive Director shall cause to be served on all interested parties on the service list for Application 10-02-013 today's decision disposing of the application to modify Resolution T-17245.

4. Application 10-02-013 is closed.

This order is effective today.

Dated May 6, 2010, at San Francisco, California.

Appendix A: Resolution T-17245A

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