V. A.01-12-033

By D.02-07-026 in A.01-12-033, the Commission granted in part the application of PG&E for Commission authorization under Pub. Util. Code § 851 to enter into two master license and irrevocable right to use agreements (together, the agreements) to permit use of utility support structures, optical fiber, and equipment sites by Applicant. These agreements will enable PG&E to obtain new fiber optics capacity for energy utility communication and control purposes in a cost-effective manner, and Applicant to obtain additional fiber optic capacity to expand its broadband telecommunications network.

D.02-07-026 authorized Applicant to undertake only those activities on PG&E property that are authorized by its limited facilities-based authority. The Commission did not authorize Applicant to perform the balance of the construction activities contemplated in the agreements until it has obtained facilities-based authority in A.01-03-006.

The MND adopted herein addresses the construction proposed in A.01-12-033, to the extent that it is not already authorized by Applicant's existing limited facilities-based authority, and D.02-07-026. Therefore, we will approve the agreements, which are the subject of A.01-12-033, subject to Applicant's compliance with the MND adopted herein. As a result, we will close A.01-12-033.