6. Participation in this Rulemaking

Our initial service list for this rulemaking will be the most recent service list in R.06-06-028, which is the docket in which we issued our earlier decisions (notably, D.07-12-054 and D.09-07-020) implementing the CASF. However, receipt of this Order Instituting Rulemaking does not in itself confer party status. Any person or entity seeking party status must follow the instructions below.

You may participate actively in this rulemaking or merely monitor it. In either case, by acting within 20 days of the date of mailing of this Order Instituting Rulemaking, you will ensure that you will receive all documents served in the proceeding. Our Process Office will publish the official service list at our website (www.cpuc.ca.gov), and will update the list as necessary.

Within 20 days of the publication of this Order Instituting Rulemaking, anyone may ask to be added to the official service list. Send your request to the Process Office. You may use e-mail (process_office@cpuc.ca.gov) or letter (Process Office, California Public Utilities Commission, 505 Van Ness Avenue, San Francisco, California 94102). Include the following information:

· Docket Number of this rulemaking;

· Name (and party represented, if applicable);

· Postal Address;

· Telephone Number;

· E-mail Address; and

· Desired Status (Party, State Service, or Information Only).4

If you want to become a party after the first 20 days, you may do so by filing and serving timely comments in the rulemaking (Rule 1.4(a)(2)), or by making an oral motion (Rule 1.4(a)(3)), or by filing a written motion
(Rule 1.4(a)(4)). If you make an oral or written motion, you must also comply with Rule 1.4(b). These rules are in the Commission's Rules of Practice and Procedure, which you can read at the Commission's website.

If you want to be added to the official service list as a non-party (that is, as State Service or Information Only), follow the instructions in section 6.1 above.

Once you are on the official service list, you must ensure that the information you have provided is up-to-date. To change your postal address, telephone number, e-mail address, or the name of your representative, send the change to the Process Office by letter or e-mail, and send a copy to everyone on the official service list.

When you serve a document, use the official service list published at the Commission's website as of the date of service. You must comply with Rules 1.9 and 1.10 when you serve a document to be filed with the Commission's Docket Office. If you are a party to this rulemaking, you must serve by e-mail any person (whether Party, State Service, or Information Only) on the official service list who has provided an e-mail address.

The Commission encourages electronic filing and e-mail service in this rulemaking. You may find information about electronic filing at http://www.cpuc.ca.gov/PUC/efiling. E-mail service is governed by Rule 1.10. If you use e-mail service, you must also provide a paper copy to the assigned Commissioner and Administrative Law Judge. The electronic copy should be in Microsoft Word or Excel formats to the extent possible. The paper copy should be double-sided. E-mail service of documents must occur no later than 5:00 p.m. on the date that service is scheduled to occur.

If you have questions about the Commission's filing and service procedures, contact the Docket Office (docket_office@cpuc.ca.gov).

You can also monitor the rulemaking by subscribing to receive electronic copies of documents in this proceeding that are published on the Commission's website. There is no need to be on the service list in order to use the subscription service. Instructions for enrolling in the subscription service are available on the Commission's website at http://subscribcpuc.cpuc.ca.gov/.

Anyone interested in participating in this rulemaking who is unfamiliar with the Commission's procedures should contact the Commission's Public Advisor in San Francisco at (415) 703-2074 or (866) 849-8390, or
e-mailpublic.advisor@cpuc.ca.gov; or in Los Angeles at (213) 576-7055 or
(866) 849-8391, or e-mail public.advisor.la@cpuc.ca.gov. The TTY number is
(866) 836-7825.

Any party that expects to claim intervenor compensation for its participation in this rulemaking must file its notice of intent to claim intervenor compensation no later than 30 days of the mailing of this Order Instituting Rulemaking.

Pursuant to Rule 8.2(a), ex parte communications in this rulemaking are allowed without restriction or reporting requirement.

ORDER

IT IS ORDERED that:

1. A rulemaking is instituted to consider modifications to the California Advanced Services Fund, including but not limited to those necessary to implement Public Utilities Code Section 281 as recently amended by Senate Bill 1040, and those suggested by the Division of Ratepayer Advocates in its Petition for Modification of Decision 07-12-054.

2. The Executive Director will cause this Order Instituting Rulemaking to be served on the initial service list, which consists of the most recent service list in Rulemaking 06-06-028.

3. Within 20 days from the date of mailing of this Order Instituting Rulemaking, any person or representative of an entity interested in participating in this rulemaking may ask, by letter or e-mail to the Commission's Process Office (505 Van Ness Avenue, San Francisco, California 94102, or process_office@cpuc.ca.gov) to be placed on the official service list as party to this rulemaking. Alternatively, the person or representative may request State Service or Information Only status. The letter or e-mail must include all information specified in section 6.1 of this Order Instituting Rulemaking.

4. To be placed on the official service list after more than 20 days have elapsed from the date of mailing of this Order Instituting Rulemaking, or to update information previously provided for purposes of the official service list, the person or representative must follow the instructions set forth in section 6.2 or 6.3 of this Order Instituting Rulemaking.

5. The category of this rulemaking is preliminarily determined to be
"quasi-legislative," and it is preliminarily determined that no hearings are necessary. Anyone objecting to the preliminary categorization of this rulemaking as "quasi-legislative," or to the preliminary determination that evidentiary hearings are not necessary, must state the objections in opening comments, as specified in Ordering Paragraph 7 below.

6. 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 Senate Bill 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.

7. Interested parties are invited to file comments responsive to Ordering Paragraph 1 and to the discussion in sections 2-4 of this Order Instituting Rulemaking. Comments must conform to the requirements of the Commission's Rules of Practice and Procedure. Opening comments must be filed within 30 days following mailing of the Order Instituting Rulemaking and reply comments within 15 days thereafter.

8. The assigned Administrative Law Judge will conduct or schedule events so as to carry out the Commission's policy and direction as set forth in this Order Instituting Rulemaking. The assigned Administrative Law Judge, in consultation with the assigned Commissioner, may make additions or adjustments to the schedule and official service list for this proceeding, as appropriate. The assigned Commissioner or assigned Administrative Law Judge may set a prehearing conference if it is determined that one should be held.

9. The petition of the Division of Ratepayer Advocates for modification of Decision 07-12-054, the responses to the petition, and the reply to the responses (all of which were electronically filed in Rulemaking 06-06-028) are incorporated by reference into the record of the rulemaking instituted by today's order. These documents may be freely referred to in subsequent filings as if originally filed in this rulemaking.

10. Any party that expects to request intervenor compensation for its participation in this rulemaking must file its notice of intent to claim intervenor compensation, in accordance with Rule 17.1 of the Commission's Rules of Practice and Procedure, within 30 days of the mailing of this Order Instituting Rulemaking.

This order is effective today.

Dated December 16, 2010, at San Francisco, California.

APPENDIX

CASF Funding Status as of October 14, 2010

As of October 14, 2010, CASF awards amount to $57.87 million for 41 projects covering 15,161 square miles and benefiting 318,788 households.

¬ Unserved areas : $4.91 million for 15 projects covering 3,236 square miles and benefiting 27,427 households

¬ Underserved areas: $52.96 million for 26 projects covering 11,925 square miles and benefiting 291,361 households

Of the 89 project applications received, 49 projects were approved for funding. Of these 49 projects, approval was subsequently rescinded for eight projects for the following reasons:

SUMMARY OF CASF APPLICATIONS APPROVED, DENIED, AND RESCINDED

         

 

Total Applications Received

89

 

 

 

 

 

 

 

I.

40 % Funding

 

 

 

 

Applications Received

58

 

 

 

Funded

 

31

 

 

Funding Rescinded

 

-1

 

 

Not Funded

 

 

27

 

40% Matching Funded Projects as of October 14, 2010

 

30

 

 

 

 

 

 

II.

10% Funding

 

 

 

 

Applications Received

31

 

 

 

Funded

 

18

 

 

Funding Rescinded

 

-7

 

 

Not Funded

 

 

13

 

10% Matching Funded Projects as of October 14, 2010

 

11

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL FUNDED PROJECTS

 

41

 

Of the remaining 41 projects, 30 of these projects are receiving matching CASF grants of up to 40% of project costs, while 11 are receiving matching grants of about 10% of project costs to supplement ARRA grants.

4 If you want to file comments or otherwise actively participate, choose "Party" status. If you do not want to actively participate but want to follow events and filings as they occur, choose "State Service" status if you are an employee of the State of California; otherwise, choose "Information Only" status.

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