ALJ/JLG/sid Date of Issuance 8/22/2008

Decision 08-08-010 August 21, 2008

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of NextG Networks of California, Inc. ( U 6745 C) to expand its existing Certificate of Public Convenience and Necessity [A.02-09-019, D.03-01-061] to include full Facilities-based Telecommunications Services.

Application 06-05-031 (Filed May 19, 2006)

DECISION ON PETITIONS FOR MODIFICATION

We dismiss without prejudice NextG Networks of California, Inc.'s (NextG) petition for modification of Decision 07-04-045. The concerns with the notice of proposed construction (NPC) process raised by NextG and the League of California Cities and the City and County of San Francisco (Cities) are best resolved in the California Environmental Quality Act (CEQA) rulemaking for telecommunications carriers, Rulemaking 06-10-006. We deny Cities' petition to modify the same decision. Cities' proposal to expand use of the NPC process to all limited facilities-based construction for NextG conflicts with our prior determinations that limited facilities-based construction requires no CEQA review.

1. Background

In Decision (D.) 07-04-045, we granted NextG's request for full facilities-based local exchange services authority and an expedited environmental review process.¹ The NPC process permits NextG to claim a CEQA exemption for proposed construction projects by providing information on the project to the Commission's Energy Division CEQA staff. CEQA staff responds either with a notice to proceed or a letter of denial. NextG uses the NPC process when it believes the project is exempt from CEQA. This process for expedited environmental review of facilities-based construction projects is consistent with the process granted in D.06-04-063 and D.06-04-067.

¹ NextG provides radiofrequency transport services for wireless carriers and constructs transport networks consisting of a central switch-like hub and a system of fiber optic cables, remote nodes, and small antennae attached to poles and other structures.