Assignment of Proceeding

Rachelle B. Chong is the assigned Commissioner and Janice Grau is the assigned ALJ in this proceeding.

Findings of Fact

1. R.06-10-006 is addressing the application of CEQA to all telecommunications carriers, including the type of public notice an expedited procedure for review and approval of telecommunications construction projects should require and whether such expedited procedures should include a process for resolving protests to claimed exemptions from CEQA.

2. In its petition for modification, NextG seeks to establish a review and approval process, comparable to the existing advice letter process, when protests to NPCs are received.

3. Cities propose that the NPC process require an advice letter that must be served on local government agencies where any construction is planned.

4. Cities' petition to modify proposes including limited facilities-based construction projects in the NPC process.

5. In D.03-01-061, NextG was granted authority to provide limited facilities-based local exchange services.

6. In D.07-04-045, NextG was granted authority to provide full facilities-based local exchange services. NextG was permitted to use the NPC process for facilities-based construction.

7. In D.06-07-036, the Commission reaffirmed its earlier conclusion that limited facilities-based construction projects require no CEQA review.

Conclusions of Law

1. R.06-10-006 is the appropriate proceeding to address a process for protests to and notice of NPCs.

2. It is reasonable to decline to revisit in this proceeding the necessary CEQA review for limited facilities-based construction projects for DAS carriers.

3. In order to resolve the issue of whether D.07-04-045 should be modified as requested, this order should be effective today.

ORDER

IT IS ORDERED that:

1. NextG Networks of California, Inc.'s petition to modify Decision (D.) 07-04-045 is dismissed without prejudice.

2. The League of California Cities and the City and County of San Francisco's petition to modify D.07-04-045 is denied.

3. Application 06-05-031 is closed.

This order is effective today.

Dated August 21, 2008, at San Francisco, California.

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