ALJ/JPO/sid DRAFT Agenda ID #3871
Ratesetting
10/7/2004 Item 22
Decision DRAFT DECISION OF ALJ O'DONNELL (Mailed 9/3/2004)
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the matter of the Application of Pacific Gas and Electric Company (U 39 E) for Commission Approval to Permit Williams Communications, Inc., d/b/a Vyvx, Inc. (U-6146-C) to Use Certain PG&E Transmission Facilities for Fiber Optic Communication Equipment. (U 39 E) |
Application 00-03-032 (Filed March 20, 2000) |
OPINION GRANTING APPROVAL
OF AN IRREVOCABLE LEASE ALLOWING WILTEL
COMMUNICATIONS, LLC. TO USE PACIFIC GAS AND ELECTRIC COMPANY'S TRANSMISSION FACILITIES
I. Summary
This decision authorizes Pacific Gas and Electric Company (PG&E) under Pub. Util. Code § 851 to enter into an irrevocable lease, pursuant to the Optical Fiber Installation and Indefeasible Right to Use Agreement (agreement) between PG&E and WilTel Communications, LLC. (WilTel), that would permit the installation and use of fiber optic facilities on PG&E's transmission towers, substations, rights-of-way, and other facilities.1 Our granting of the application does not expand the authority previously granted to WilTel. WilTel is authorized to undertake only those activities on PG&E's property that are authorized by its certificate of public convenience and necessity (CPCN).2
1 All statutory references are to the Public Utilities Code unless otherwise referenced. WilTel was formerly known as Williams Communications, Inc. 2 By Decision (D.) 99-05-022, WilTel was granted a CPCN to resell interexchange services. By D.99-10-062, D.00-06-035, D.00-08-017, D.01-08-052, and D.03-03-029 it was authorized to provide facilities-based interexchange services using specified facilities to be constructed pursuant to those decisions.
