6. Discussion

The principal objective of CEQA, Public Resources Code Sections 21000, et seq.,²⁵ is to develop and maintain a high-quality environment in California in the present and in the future.²⁶ In the General Order adopted in today's decision, we carry forward the objective of maintaining a high-quality environment in California while also achieving our goals of encouraging the availability of state-of-the-art telecommunications technologies.

When opening this rulemaking, we stated that our overarching objective is to ensure that the Commission is in compliance with the requirements of CEQA. We take our obligations in this arena seriously and we remain fully committed to the objectives of CEQA to ensure that the impacts of our policies on the environment are taken into account in our decision-making process.

As described above, GO 170 reflects existing CEQA law and provides clear and convenient processes for telephone corporations to comply with CEQA. These rules will enable telephone corporations to pursue their business objectives with greater certainty of regulatory compliance requirements.

State policy encourages the deployment of advanced telecommunications networks. We find that GO 170 applies CEQA in a way that also achieves the State's clear and oft reiterated policy favoring the widespread deployment and availability of advanced telecommunications services, including broadband and wireless technologies. GO 170 sets forth clear, pragmatic and effective policies, processes, and requirements for complying with the Commission's obligations under CEQA.

As provided in GO 170, this Commission is the only agency that can issue discretionary permits for telecommunications projects because deployment of telecommunications infrastructure is a matter of statewide concern. Although additional authorization for ministerial permits may be required from other state agencies or local authorities, this Commission is best suited to issue the only required discretionary permits and to evaluate the physical change in the environment caused by telephone corporations' construction projects due to our extensive experience with such facilities and the state-wide interest in encouraging deployment. Local Agencies may not use their discretionary land use authority to effectively prohibit projects that are in compliance with the operating authority granted by the Commission. However, telephone corporations must obtain any ministerial permits required by the applicable local agency. If a locality believes that a carrier is acting unreasonably, the proper way to address this issue is for the locality to file a complaint with the Commission.

The provisions of GO 170 apply even-handedly to all California telephone corporations but also require that the proposed construction project be within the scope of the telephone corporation's Commission-granted operating authority. Consequently, a telephone corporation with reseller or limited facilities-based operating authority may need to obtain Commission permission to modify its operating authority should the corporation wish to construct significant facilities. Such a change would typically be requested as an amendment to the CPCN, which would also provide a suitable forum for any needed CEQA review. To the extent specific facilities have been reviewed pursuant to CEQA as part of the CPCN process, no further review is needed. Construction projects for new facilities, however, trigger the need for additional review. As noted above, these new facilities often qualify for exclusion or exemption from CEQA, but require formal processing.

²⁵ In addition to the provision of the Public Resources Code, the California Resources Agency has adopted regulations, as required by Public Resources Code Section 21083, which provide detailed procedures that public agencies must follow to apply CEQA. The CEQA Guidelines are codified at 14 California Code of Regulations Sections 15000, et seq.

²⁶ Pub. Res. Code, §§ 21000, 21001.