Word Document PDF Document

Agenda ID 3603

06/09/04

DRAFT

PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Telecommunications Division

RESOLUTION T-16846

Market Structure Branch

June 9, 2004

R E S O L U T I O N

Resolution T-16846. Rural Telecommunications Infrastructure Grant Program.

Resolution Authorizing The Disbursement Of Funds For Grants From California High Cost Fund A.

_________________________________________________________________

Summary

This resolution grants the disbursement of funds from the California High Cost Fund A for funding the following Rural Telecommunications Infrastructure Grant Programs:

Background

On February 27, 2003, the Commission issued an Order Instituting Rulemaking (Rulemaking 03-02-034) to develop eligibility criteria. Comments on the rulemaking were received on April 14, 2003, with reply comments received on April 29, 2003. A Commission decision adopting the grant program was voted out on September 18, 2003 (Decision 03-09-071). The application process including eligibility criteria was presented as an attachment to the decision.

Application Process

Statewide Public Information Meetings

The Government Industry Working Group

The enabling legislation required the CPUC to establish a

Government-Industry Working Group (GIG) to develop the technical criteria for use in evaluating grant applications. In Decision 03-09-071, the Commission approved working group representatives from SBC California, Verizon, CPUC staff, and the following individuals: Former Assembly Member Virginia Strom-Martin, Steve Bowen of the Bowen Law Group, and Regina Costa from TURN. The Decision also approved membership of one representative each from the CLEC industry and wireless sector and directed Telecommunications Division staff to fill those vacancies with qualified representatives. Jeff Compton of Telscape Communications and Chris Johnson of T-Mobile were subsequently chosen to fill those respective slots.

The GIG held its first meeting on February 23, 2004 to discuss technical criteria for evaluating grant applications. Several additional meetings were held via teleconferencing in April and May 2004 to finalize the technical criteria for evaluating grant applications. Criteria include determining consistency with the enabling legislation, technical feasibility, a determination that the chosen technology is a cost effective telecommunications application, that the program exhibits a sound work plan, and the project will provide real public benefit to the served community.

Discussion of Applications

By the March 16, 2004 deadline the CPUC received a total of three applications for the Phase 1 Application process. The applicants are: The Yurok Tribe in Humboldt County; the community of Iowa Hill in Placer County; and the County of Trinity in Trinity County.

On March 30, 2004, the GIG reviewed the three applications and found them compliant with all necessary requirements of the Phase 1 process. The applicants were notified they were officially qualified and now eligible to submit a Phase 2 Application, the feasibility study detailing the engineering and construction costs aspects of their projects.

All three applicants submitted Phase 2 Applications by the May 14, 2004 deadline. A brief description of the proposals follows:

Yurok Tribe in Humboldt County

Iowa Hill in Placer County

Trinity County Wireless Network Infrastructure

Because of the unique geography of Trinity County, 25% of the residents are without basic phone infrastructure and service. Due to the prohibitive cost estimates of providing wireline services, wireless phone service is the only viable way to serve these residents, as well as visitors and emergency service providers.

Trinity County is requesting $2,500,000 to construct ten cell sites that will provide coverage for most of the communities and roads throughout the County. The County proposes to partner with the local cellular provider, Cal-One Cellular L.P. to construct the project. Cal-One will finalize the cell tower network, and get all required permits. The County will bid, build and own the facilities, leasing the tower sites to Cal-One and up to two other cellular providers.

Funding Recommendations

On May 18, 2004, the GIG conducted a thorough, unbiased review of the three Phase 2 Applications. The GIG evaluated the applications, measuring them against developed technical criteria, determining them consistent with requirements of the legislation, technically feasible, a cost effective chosen technology, exhibiting a sound work plan, and achieving real public benefit. The GIG recommends full funding of the three applications and seeks further information from the applicants to clarify project specifics as discussed in Attachment A.

Notice/Protests

The Telecommunications Division concludes that the applications filed by the Yurok Tribe, the community of Iowa Hill, and the County of Trinity meet the requirements set forth in California Assembly Bill 140 (Ch. 903, Stats. 2001) and Commission Decision 03-09-071 and recommends that the Commission approve the grant applications. Commission approval is based on the specifics found in the Phase 2 Applications, and does not establish a precedent for the contents of future filings or for Commission approval of similar requests.

This is an uncontested matter in which the resolution grants all three applications as submitted. No applications for grant funding are being denied. Accordingly, pursuant to P.U.Code Section 311 (g) (2), the otherwise applicable 30-day period for public review and comment is being shortened to serve the public interest.

Findings

1. The Yurok Tribe in Humboldt County timely submitted a Rural Telecommunications Grant Application for wireline telecommunication service in the amount of $2,500,000.

2. Trinity County timely submitted a Rural Telecommunications Grant Application for wireless telecommunication network infrastructure in the amount of $2,500,000.

3. The community of Iowa Hill timely submitted a Rural Telecommunications Grant Application for a combination of wireless transport link and wireline distribution infrastructure in the amount of $1,834,900.

4. The Government-Industry Working Group has conducted a thorough, unbiased review of the above applications, measuring them against established technical criteria, recommends full funding of the applications, and seeks further information from the applicants to clarify project specifics as discussed in Attachment A.

5. The source of the funds for these grants is the California High Cost Fund A.

6. The Telecommunications Division concludes that the above-mentioned applications meet the requirements established by California Assembly Bill 140 and Commission Decision 03-09-071.

THEREFORE, IT IS ORDERED that:

1. Funds shall be granted from the California High Cost Fund A for funding the following Rural Telecommunications Infrastructure Grant Program as discussed in Attachment A.

2. The Commission's Information and Management Services Division is authorized to enter into agreements with the fiscal agents for the amounts described in Attachment A.

This Resolution is effective today.

I hereby certify that the Public Utilities Commission at its regular meeting on June 9, 2004 adopted this Resolution. The following Commissioners approved it:

ATTACHMENT A

Top Of Page