3. California Environmental Quality Act (CEQA)

CEQA requires the Commission to act as the designated lead agency to assess the potential environmental impact of a project in order that adverse effects are avoided, alternatives are investigated, and environmental quality is restored or enhanced to the fullest extent possible. Applicant will provide its service through the use of existing facilities and network elements of other carriers and has no other plans for constructing other facilities at this time. Since GC Pivotal states that it does not intend to construct any facilities,² it can be seen with certainty that there is no possibility that granting this application will have an adverse impact upon the environment.³

² Application (A.) 11-03-008 § 5 at 3.

³ It should be noted that the Commission adopted General Order (GO) 170 on December 16, 2010 in D.10-12-056. GO 170 implements the Commission's responsibilities pursuant to 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 of California. GC Pivotal, LLC will be subject to the GO 170 when it is implemented by the Commission. Upon implementation, GO 170 will eliminate the Limited Facilities-Based authority designation that identifies types of construction activities a carrier may undertake pursuant to their CPCN. However, GO 170 will not require any additional filings to be made by GC Pivotal, LLC or additional authority to be granted by the Commission for the types of construction activities currently proposed by GC Pivotal, LLC.