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COM/CRC/tcg Mailed 3/5/2007
Decision 07-03-014 March 1, 2007
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Rulemaking for Adoption of a General Order and Procedures to Implement the Digital Infrastructure and Video Competition Act of 2006. |
Rulemaking 06-10-005 (Filed October 5, 2006) |
DECISION ADOPTING A GENERAL ORDER AND PROCEDURES
TO IMPLEMENT THE DIGITAL INFRASTRUCTURE AND VIDEO
COMPETITION ACT OF 2006 2
I. Summary 2
II. Legislative Background and Procedural History 6
III. Scope of Commission Regulatory Authority for Video 9
IV. When Applicants Can/Must Apply for a State Video Franchise 14
V. Eligibility to Operate Under a State Video Franchise 23
VI. Information Required to Complete an Application 43
A. Service Area and Expected Deployment Information 44
B. Socioeconomic Status Information 51
C. Additions to the Application and the Affidavit 58
1. Proposed Changes to the Application 58
a) General Opposition to Expansion of the Application 58
b) Information on Corporate Parents 59
c) Proof of Legal and Technical Qualifications 59
d) Information Coordination with Local Entities 60
e) Discussion of Plans for Complying with Antidiscrimination
and Build-Out Requirements 61
f) Digital Divide and Workplace Diversity Reports 61
g) Services in Languages Other Than English 62
2. Proposed Changes to the Affidavit 63
a) Information on Labor Contracts 63
b) Authority of Affirming Individual 65
c) Other Requests for Affidavit Modification 66
VII. Bonding Requirements 67
VIII. Application Fee 82
IX. Commission Review of the Application 87
X. Announcement of Application Review Results 98
A. Notification of Application Status 98
B. Notification of Statutory Ineligibility 102
C. State Video Franchise Issuance by the Executive Director 103
XI. Notice of Imminent Market Entry 104
XII. User Fee 106
A. Federal Cable Act Compliance 108
B. Commission Budget 111
C. Procedures for Calculating and Collecting User Fees 115
XIII. Reporting Requirements 127
A. Position of Parties 127
B. Discussion 137
1. Reports for Collection of the User Fee 137
2. Annual Employment Reports 139
3. Annual Reports on Broadband and Video Services 141
a) Approximation of Census Tract Data 141
b) Confidential Treatment of Data 144
c) Gradation of Submitted Data 145
d) Low-Income Data 147
e) Definition of "Telephone Service Area" 148
4. Information for Antidiscrimination and Build-Out
Assessments 149
a) Video Availability Data 149
b) Community Center Data 150
c) Confidential Treatment of Data 151
5. Additional Information 152
XIV. Antidiscrimination and Build-Out Requirements 154
A. Position of Parties 155
B. Discussion 160
1. Build-Out Requirements Imposed on State Video
Franchise Holders that Alone, or in Conjunction with
Their Affiliates, Have More than One Million California
Telephone Customers 161
2. Build-Out Requirements Imposed on State Video
Franchise Holders that Alone, or in Conjunction with
Their Affiliates, Have Fewer than One Million California
Telephone Customers 163
3. Rebuttable Presumption that Discrimination in Providing
Video Service Has Not Occurred 166
4. Extension of Time for Meeting Build-Out Requirements 168
XV. Enforcement of Statutory Provisions 169
A. Enforcement Actions Pursuant to Division 2.5 169
B. Enforcement of Statutory Provisions Subject to Commission
Regulation 176
1. Franchising 177
2. Antidiscrimination and Build-Out Requirements 178
a) Positions of Parties 179
b) Discussion 179
3. Reporting Requirements 181
4. Prohibition Against Financing Video Deployment with
Increases to Rates of Stand-Alone, Residential, Primary
Line, Basic Telephone Service 183
a) Position of Parties 184
b) Discussion 187
5. Submission of Regulatory Fees 191
C. Enforcement of Consumer Protection Requirements 191
D. Procedures for Conducting Investigations or Hearing Complaints 195
E. The Role of DRA 197
XVI. Intervenor Compensation Disallowed 202
XVII. Modifications to a State Video Franchise 210
XVIII. Renewal of a State Video Franchise 218
XIX. Comments on the Proposed Decision 219
XX. Assignment of Proceeding 239
Findings of Fact 239
Conclusions of Law 260
ORDER 280
LIST OF APPENDICES
Appendix A: The Digital Infrastructure and Video Competition Act
Appendix B: General Order 169 - Implementing the Digital Infrastructure and Video Competition Act of 2006 (DIVCA)
Attachment A: State Video Franchise Application
Appendix C: Entities Qualified to Become a State Video Franchise Holder
Appendix fD: "Census Tract Basis" Reporting of Broadband and Video Data
Appendix E: "Census Tract Basis" Reporting of Demographic Data
Appendix F: EEO-1 Form
Appendix G: Enforcement Actions Pursuant to DIVCA
DECISION ADOPTING A GENERAL ORDER AND PROCEDURES
TO IMPLEMENT THE DIGITAL INFRASTRUCTURE
AND VIDEO COMPETITION ACT OF 2006