3. California Environmental Quality Act (CEQA)

Pursuant to CEQA and Rule 2.4 of the Commission's Rules of Practice and Procedure,2 the Commission examines projects to determine any potential environmental impacts in order to avoid adverse effects and to ensure that environmental quality is restored or enhanced to the fullest extent possible under CEQA.

In its application and Proponent's Environmental Assessment, DTS describes its service as consisting of three significant points of interface:

DTS states that the Ku-band satellite has already been launched, an existing structure will house the switch and related network equipment and the 7.3 meter satellite hub will be installed on an existing concrete pad.3 DTS plans to interconnect with the public switched telephone network at its Central Office and does not anticipate undertaking any construction. The key piece of equipment to be installed on a customer's premises is an approximately 1.2 meter satellite dish which DTS will connect to a power source via electrical conduit and to the Network Interface Device via fiber on the customer's house, garage, deck or similar structure. The network components to be installed at a customer's premises may be powered by connecting to a typical utility-provided household current connection or any number of self-generation sources. DTS states that no ground disturbance will be required to install the dish in this way. However, if one of these options is not available, DTS would install the satellite dish on a new 3-inch metal pole by digging a hole on the customer's premises approximately 1½ feet in diameter and 4 feet deep. The pole would be secured with "quick-set" concrete and extend approximately 5 to 6 feet above the ground. The satellite dish would be mounted to this pole. Other options include installing the dish on an existing utility pole or on a "non-penetrating" mounting rack which would be placed on the customer's roof or ground next to their residence or business.

DTS also lists several options to connect the dish to the power source and the network interface device depending on the proximity of the dish to the power source and network interface device. On existing structures, DTS would run wire from the dish along the side of the structure. If the dish is not on an existing structure but is nearby, DTS will string wire a very short distance to the customer's home or business and avoid ground disturbing activity. If the pole is further away from the house, DTS would dig a small trench approximately 4 inches wide and 2 feet deep, and place the electric wiring and fiber in the ground in a 1½ inch conduit.

Based upon the application and discussions with DTS, the Commission's Energy Division staff responsible for environmental review has determined that the activities described do not require Commission environmental review. However, DTS asks that this decision clarify the applicable CEQA review requirements.

California Code of Regulations, Title 14 §15061 (b) (3), provides that:

(b) A project is exempt from CEQA if:

... (3) The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

DTS' proposed activities may involve utilizing the existing poles and facilities of other utilities, construction of reasonably short utility extensions and minor trenching and backfilling. Exemption of these activities is consistent with Commission precedent in applications for full facilities based authority. DTS' proposed activities are similar to those undertaken by other carriers that we have decided are categorically exempt from CEQA.4 Therefore, we believe with certainty that there is no possibility that DTS' service installation activities may have a significant effect on the environment.

We have reviewed DTS' application and supplemental information regarding its installation activities and find that its proposed limited-facilities-based service installation activities are very limited and in almost all circumstances would very likely be exempt from CEQA. Granting this application is in the public interest as it will benefit the public by making technologically advanced telecommunications services available to residents of previously unserved areas within California.

On December 16, 2010, the Commission adopted procedures for reviewing proposed construction projects by California telephone companies in order to meet environmental laws.  The new General Order 170 implements the Commission's responsibilities under CEQA to review possible environmental impacts of construction projects consisting of any new telephone or telegraph line; or the repair, replacement, modification, alteration, or addition to an existing telephone or telegraph line in the State.  The recent decision does not affect our decision here regarding DTS' CEQA compliance, but DTS will be subject to the rules of the newly adopted General Order.

2 Unless otherwise specified, all referenced Rules are the Commission's Rules of Practice and Procedure ( http://docs.cpuc.ca.gov/published/RULES_PRAC_PROC/70731.htm).

3 DTS is still evaluating options for the location of its Central Office Facilities, but anticipates they will be housed at an existing communications facility like the San Francisco International Gateway in Richmond, CA.

4 See D.10-04-038 (SnowCrest Telephone, Inc.) and D.10-01-014 (Pacific Lightwave).

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