5. Preliminary Scoping Memo

As required by Rule 7.1(d) of the Commission's Rules of Practice and Procedure (Rules), we provide a Preliminary Scoping Memo for this rulemaking. In sections 2-4 above, we broadly summarized the subject matter of this rulemaking and listed the issues and proposals under consideration. In addition to responding to these issues and proposals, commenters may offer suggestions of their own or modifications to the proposals; the assigned Commission has discretion to add the suggestions or modifications in finalizing the Scoping Memo and may provide for further comment, as appropriate.

Rule 7.1(d) also requires that an Order Instituting Rulemaking preliminarily determine the category of the proceeding and the need for hearing. As a preliminary matter, we determine that this proceeding is
quasi-legislative as defined in Rule 1.3(d). We anticipate that the issues in this proceeding may be resolved through comments without the need for evidentiary hearings.

Anyone who objects to the preliminary categorization of this rulemaking as "quasi-legislative," or to the preliminary hearing determination, must state the objections in opening comments to this rulemaking. If the person believes hearings are necessary, the comments must state: (a) the specific disputed fact for which hearing is sought; (b) justification for the hearing (e.g., why the fact is material); (c) what the party would seek to demonstrate through a hearing; and (d) anything else necessary for the purpose of making an informed ruling on the request for hearing. After considering any comments on the preliminary scoping memo, the assigned Commissioner will issue a Scoping Memo that, among other things, will make a final category determination; this determination is subject to appeal as specified in Rule 7.6(a).

Opening comments are due 30 days after the Order Instituting Rulemaking is mailed, and reply comments are due 15 days thereafter. The assigned Commissioner or assigned Administrative Law Judge may, if it appears useful, convene a prehearing conference following the opening and reply comments.

Given the legislative mandate to encourage deployment of advanced communication services to all Californians, we will focus initially on the Consortia Fund issue (see section 4.1.1) in order to begin implementing SB 1040 as soon as possible. We urge parties interested in commenting on the Consortia to present their perspectives in the opening and reply comments. Shortly thereafter, we intend to issue an interim decision resolving the consortia-related issues.

Consistent with Public Utilities Code Section 1701.5, we anticipate this proceeding will be concluded within 18 months of the issuance of the Scoping Memo.