8. Assignment of Proceeding

Catherine J.K. Sandoval is the assigned Commissioner and
Jeanne M. McKinney is the assigned Administrative Law Judge in this proceeding.

1. Applicant seeks expansion of its existing CPCN to obtain authorization to provide full facilities-based local exchange and interexchange services.

2. There is no opposition to granting this Application.

3. The Commission is the Lead Agency for this project under CEQA.

4. By this application, Applicant is not seeking authorization for any specific construction project.

5. Applicant proposes to utilize the Commission's 21-day process for expedited environmental view by ED Staff for its full facilities-based projects that are potentially exempt from CEQA.

6. Applicant anticipates that its full facilities-based construction activities will primarily consist of a) trenching, micro-trenching, trenching or boring; and b) installation of vaults, hand holes, small cabinets and associated facilities and equipment.

7. Applicant states that its full facilities-based construction activities will take place in existing public rights-of-ways and utility easements in heavily developed urban and suburban areas in which previous ground-disturbing construction has occurred.

8. Applicant states that its full facilities-based construction activities may fall within categorical exemptions to CEQA, including but not limited to:
a) CEQA Guidelines § 15303, Class 3(d) and 3(e): Construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure; b) CEQA Guidelines § 15304, Class 4(a), 4(c), and 4(f): Minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees, except for forestry and agricultural purposes, and the filling of earth into previously excavated land with material compatible with the natural features of the site, and minor trenching and backfilling where the surface is restored; and c) CEQA Guidelines § 15332, Class 32(a) - (e): Small scale in-fill development that meets specified criteria.

9. The Commission has previously authorized other carriers to utilize the 21-day expedited process for environmental review by ED Staff for potentially CEQA-exempt construction projects.

10. Applicant's proposed facilities-based project activities, as described in the application, are of a limited nature and may, in some circumstances, fall within statutory or categorical exemptions to CEQA.

11. Applicant's utilization of the expedited 21-day process for environmental review by ED Staff of proposed construction projects that are potentially exempt from CEQA, as described in the application, is adequate for the Commission's purposes as the CEQA Lead Agency and is in the public interest.

12. Applicant has filed no changes to its existing tariffs which were previously approved in D.06-11-008.

13. Applicant has met the requirements for issuance of a CPCN authorizing the provision of full facilities-based local exchange and interexchange services.

1. Except for the requirement for additional environmental (CEQA) review, the requirements for a full facilities-based CPCN are generally the same as for a limited facilities-based CPCN.

2. Applicant's description of its future construction projects and proposed utilization of the 21-day expedited process for environmental review by ED Staff of potentially CEQA-exempt projects, as described in the application, meet the requirements of CEQA, based on the specific facts of this case.

3. The 21-day process for expedited environmental review by ED Staff of potentially CEQA-exempt projects is appropriate for certain construction activities as described in the application. If Applicant proposes construction activities other than as described in the application, a different level of CEQA review may be required.

4. Applicant should be granted a full facilities-based CPCN, subject to the requirement that Applicant comply with the expedited 21-day process for the
ED Staff review of potentially CEQA-exempt projects, as described in the application, and shall apply for Commission approval and undergo any required CEQA review for other full facilities-based projects.

5. Public convenience and necessity require Applicant's full facilities-based local exchange and interexchange services to be offered to the public subject to the terms and conditions set forth herein.

6. The application should be approved.

7. Upon approval of the application, Applicant should be subject to the applicable Commission rules, decisions, General Orders, and statutes that pertain to California public utilities.

8. Applicant should remain subject to the requirements of D. 06-11-008, its licensing decision.

9. Applicant's request to file its financial information under seal should be granted, to the extent set forth below.

10. Because of the public interest in competitive local exchange and interexchange services, the following order should be effective immediately.

ORDER

IT IS ORDERED that:

1. Sonic Telecom, LLC's existing certificate of public convenience and necessity (U7002C), which authorized Sonic Telecom LLC (Applicant) to provide limited facilities-based and resold local exchange and interexchange services in this state, is modified to authorize Applicant to provide full facilities-based local exchange services in the service territories of Pacific Bell Telephone Company, Verizon California Inc., Citizens Telecommunications Company of California, Inc., and SureWest Communications and interexchange services statewide, subject to the terms and conditions set forth below.

2. Sonic Telecom, LLC, is authorized to construct the facilities addressed in this decision only upon receiving prior Commission approval and undergoing any required environmental review.

3. The staff of the Commission's Energy Division is authorized to review, process, and act upon Sonic Telecom, LLC's requests for a determination that its full facilities-based construction activities, as described in the application, are exempt from the requirements of the California Environmental Quality Act.

4. If Sonic Telecom, LLC (Applicant) wishes to engage in full facilities-based construction activities as described in the application and believes that these activities are exempt from the California Environmental Quality Act (CEQA), Applicant shall first apply to the Commission's Energy Division staff for a determination of exemption from CEQA using the following procedure:

A. Required Information From Applicant. Applicant shall provide the Commission Energy Division with:

1) A detailed description of the proposed project, including:

a) Customer(s) to be served;

b) The precise location of the proposed construction project; and

c) Regional and local site maps.

2) A description of the environmental setting, including at a minimum:

a) Cultural, historical, and paleontological resources;

3) A construction work plan, including:

a) Commission Preconstruction Survey
Checklist-Archaeological Resources;

b) Commission Preconstruction Survey
Checklist-Biological Resources;

c) A detailed schedule of construction activities, including site restoration activities;

d) A description of construction/installation techniques;

e) A list of other agencies contacted with respect to siting, land use planning, and environmental resource issues, including contact information; and

f) A list of permits required for the proposed project.

4) A statement of the CEQA exemption(s) claimed to apply to the proposed project; and

5) Documentation and evidence sufficient to support a finding that the claimed CEQA exemption(s) apply to the project.

6) A proof of service showing that Applicant has served a copy of the above information on the city and county in which the project, if approved, will be constructed.

B. Review by Commission Energy Division. The Commission Energy Division shall review the submittal and notify Applicant of either its approval or its denial of Applicant's claim for exemption from CEQA review no later than 21 days after the date on which Applicant's submittal is complete.

C. Approval of Claimed CEQA Exemption(s)/Notice to Proceed. If the Commission Energy Division approves Applicant's claimed CEQA exemption(s), the staff shall prepare a Notice to Proceed (NTP) and file a Notice of Exemption with the State Clearinghouse, Office of Planning and Research.

D. Disapproval of Claimed CEQA Exemption(s). If the Commission Energy Division disapproves Applicant's claimed CEQA exemptions, Energy Division Staff shall issue to Applicant a letter which states the specific reasons that the claimed CEQA exemptions do not apply to the proposed project.

If the Commission's Energy Division disapproves Applicant's claimed CEQA exemption(s), Applicant shall either redesign the specific project and facilities and then reapply for a finding of exemption from CEQA, or shall file a formal application with the Commission seeking the requisite approval and undergo full CEQA review, before commencing any full facilities-based construction activities.

5. The procedure stated in Ordering Paragraph 4 above for expedited 21-day environmental review by Commission's Energy Division staff of potentially California Environmental Quality Act-exempt construction projects applies only to certain construction activities as described in Application 12-02-017. If Sonic Telecom, LLC (Applicant) wishes to perform other full facilities-based construction activities, Applicant shall first apply for Commission authorization and undergo any required environmental review before commencing construction.

6. Sonic Telecom, LLC (Applicant) shall not engage in any full facilities-based construction activity that Applicant believes is exempt from the California Environmental Quality Act, before receiving a Notice to Proceed from the Commission's Energy Division, pursuant to the procedure stated in Ordering Paragraph 4 above.

7. Sonic Telecom, LLC (Applicant) remains subject to the requirements of Decision 06-11-008, including but not limited to all tariff, surcharge and reporting requirements adopted therein, which granted Applicant a certificate of public convenience and necessity authorizing the company to provide limited
facilities-based and resold local exchange services and interexchange services in California.

8. Application 12-02-017 is closed.

This order is effective today.

Dated June 7, 2012, at San Francisco, California

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