II. Background

In prior decisions we authorized the provision of competitive local exchange service, by carriers meeting specified criteria, within the service territories of Pacific Bell Telephone Company (Pacific), Verizon California Inc. (Verizon), Roseville Telephone Company (RTC), and Citizens Telecommunications Company of California, Inc. (CTC).

Applicant, a California corporation, seeks authority to provide limited facilities-based and resold local exchange, access and interexchange services as a competitive local carrier (CLC) throughout Pacific and Verizon's service territories. Applicant's principal place of business is located at 16787 Beach Boulevard, #341, Huntington Beach, CA 92647.

Applicant filed its initial application on August 14, 2003, followed on September 16, 2003 by an amended application that "supercedes the discussion in the initial Application generally and specifically with regard to Section 5 (CEQA Compliance), Section 6 (Description of Proposed Construction) and Exhibit B (Proponent's Environmental Assessment.)"

Paxio's amendment explains that using facilities that it will either lease or own, it intends to provide high-speed Internet access and data services to private residences and create community intranets in new master-planned housing developments. Paxio states that the equipment it owns will be installed during the infrastructure construction phase of new master-planned housing developments, when a "Joint Utility Contractor will excavate trenches and install conduit and other infrastructure for the utilities that will serve the development....[as well as] the conduit and vaults to be used by Paxio."¹ Paxio notes that its facilities will share the utility trench with electric, gas, telephone and cable television facilities, and that it will operate in planned housing developments that are part of the General Plan of the city in which the development is located. Paxio states that following placement of the conduit in the joint trench and construction of homes, it will pull fiber through the conduit to a termination point adjacent to the entry point of other utilities serving the home, and that its network will interconnect with the network of the Incumbent Local Exchange Carrier for the housing development.