COM/CRC/jt2 Date of Issuance 7/14/2008

Decision 08-07-007 July 10, 2008

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking to Consider the Adoption of a General Order and Procedures to Implement the Digital Infrastructure and Video Competition Act of 2006.

Rulemaking 06-10-005
(Filed October 5, 2006)

DECISION AMENDING GENERAL ORDER 169

TABLE OF CONTENTS

Title Page

DECISION AMENDING GENERAL ORDER 169 2 2

1. Summary 2 2

2. Background and Procedural History 2 2

3. What Rules Will Ensure Timely Consideration of Requests for
Extensions of Deadlines? 3 3

3.1. Position of Parties Concerning Proposed Rule for Extensions 5 5

3.2. Discussion 6 6

4. What Changes in Rules Are Needed to Eliminate Unfair and
Asymmetric Bonding Requirements? 9 9

5. Should Reporting Rules Be Changed to Require the Reporting
of Broadband Speeds by Tiers? 10 10

5.1. Positions of Parties 13 13

5.2. Discussion 18 18

6. Comments on Proposed Decision 27 27

7. Assignment of Proceeding 31 31

Findings of Fact 31 31

Conclusions of Law 34 34

ORDER 36 36

Appendix A - Application for Extension

Appendix B - Bond Requirements

Appendix C - Reporting Requirements

DECISION AMENDING GENERAL ORDER 169

1. Summary

This decision amends General Order (GO) 169 to require that franchisees requesting extensions of build-out deadlines follow the Commission's general procedures for making an application, not the specific application procedures and forms pertaining to the grant of a video franchise.

In addition, the decision amends GO 169 to cap the cumulative bonding requirement for franchisees holding multiple franchises at $500,000.

The decision also amends GO 169 to require that franchise holders submit to this Commission the information that the Federal Communications Commission (FCC) requires concerning subscribership to broadband services, including information on speed by tiers. The decision finds that the existing statutes and regulatory procedures provide adequate protection for this confidential and market sensitive data, particularly when combined with the Commission's policy of not disclosing any information at the single firm level. The decision defers amending the current requirements of GO 169 concerning reporting on the availability of broadband in light of the FCC's continuing consideration of the best method for obtaining detailed data on this matter. The decision finds that arguments that the FCC has pre-empted state action in this area lack legal merit.