COM/MF1/lil Date of Issuance 10/12/2011
Decision 11-10-018 October 6, 2011
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Order Instituting Rulemaking to determine whether the temporary measures adopted in Resolution SX-88 or other measures banning personal use of electronic devices by rail transit personnel should be adopted on a permanent basis. |
Rulemaking 08-10-007 (Filed October 16, 2008) |
DECISION ADOPTING GENERAL ORDER GOVERNING THE USE OF PERSONAL ELECTRONIC DEVICES
DECISION ADOPTING GENERAL ORDER GOVERNING THE USE OF PERSONAL ELECTRONIC DEVICES 11
3. Standard of Review for Settlements 77
4. Summary of Proposed Settlement and GO 172 88
4.1. In-Cab Inward-facing Camera and PED Possession 99
4.2. In-Cab Camera and Video Retention or Storage
Requirements 1010
4.3. Zero Tolerance Policy and Discipline of Rail Transit
Employees 1111
5.1. The Settlement is Reasonable in Light of the Entire
Record of this Proceeding 1515
5.2. The Settlement is Consistent with the Law 1616
6. Other Procedural Matters 2020
7. Waiver of Comments on Proposed Decision 2020
APPENDIX A - GO 172
APPENDIX B - CPSD's April 25, 2011 Addendum
APPENDIX C -List of Parties to Proceeding R.08-10-007
DECISION ADOPTING GENERAL ORDER GOVERNING THE USE OF PERSONAL ELECTRONIC DEVICES
1. Summary
This decision approves the Settlement and adopts the General Order (GO) 172, attached to this decision as Appendix A, to govern the use of personal electronic devices1 (PEDs) by the employees of the rail transit agencies and rail fixed guideway systems under the Commission's jurisdiction2 (collectively referred to as rail transit agencies or agencies). During the course of this proceeding, some of the parties3 to the proceeding, including the agencies and the labor unions representing the employees of the agencies (collectively referred to as Settling Parties4) began a series of discussions and negotiations which resulted in the Settlement. The Commission's Consumer Protection and Safety Division (CPSD) facilitated those discussions and negotiations.
On April 5, 2011, the Settling Parties filed the Joint Motion of Settling Parties for Commission Approval of Settlement Agreement and Adoption of Compromise General Order (Joint Motion). GO 172, filed with the Joint Motion and attached as Appendix A to today's decision, reflects the Settlement and the resulting refinements to a prior draft GO which had previously been prepared by CPSD.
There are no protests, objections or comments filed in opposition to the Joint Motion, the Settlement or any aspect of the GO 172. CPSD supports the adoption of GO 172.
We find that the Settlement and the terms of GO 172 are reasonable in light of the whole record, consistent with law, and in the public interest. This decision resolves all outstanding issues in this proceeding and closes the proceeding.
1 Personal Electronics Device or PED means any wireless or portable electronic devices, including but not limited to, wireless phones, personal digital assistants, smart phones, two way pagers, wireless or portable internet devices, laptop computers, DVD players, audio players, iPods, iPads, ereaders, MPS players, portable electronic games, Bluetooth devices, headphones or earbuds. See Appendix A, GO 172, Section 2.4.
2 The Commission has the authority to prohibit the use of PEDs by safety-sensitive rail transit employees. See California Public Utilities Code Sections 778, 29047, 30646, 100168 and 99152.
3 Full list of the parties to this proceeding is attached hereto as Appendix C. Appendix C does not include those parties who monitored or otherwise followed the proceeding while on the Information Only or State Service lists but that comprehensive list can be viewed at the Commission's Website: http://docs.cpuc.ca.gov/published/service_lists/R0810007_77823.htm.
4 Settling Parties are Los Angeles County Metropolitan Transit Agency, North County Transit District, Sacramento Regional Transit District, San Diego Trolley, Inc., San Francisco Bay Area Rapid Transit District Area, Santa Clara Valley Transportation Authority, SFO Airtrain, Amalgamated Transit Union, International Brotherhood of Electrical Workers, Local Union 465, and United Transportation Union.
