3. Procedural Background

AB 2393 (AB 2393, Ch. 776, Stats 2006), Levine, "Telecommunications: Emergency Service" was signed into law on September 29, 2006, and became effective on January 1, 2007. The Commission opened this rulemaking on April 12, 2007.

The CD held three technical workshops addressing the subject matter. The first workshop, held on June 5, 2007, addressed backup power systems on residential and small commercial customers' premises. The second workshop, held on June 6, 2007, addressed backup power systems on service provider premises. The third workshop, held on June 19, 2007, addressed emergency notification systems.

Subsequently, CD issued information requests to augment the information gathered at the workshops and provide the opportunity for input from individuals and organizations who did not attend the workshops. In addition, CD visited service provider locations.4

AB 2393 required the Commission to send a report on its investigation to the Legislature before January 1, 2008. On December 6, 2007, the Commission instructed the Executive Director to send the required report to the Legislature. The report addressed the process followed in this investigation up to that point, but did not reach any conclusions regarding the issues being considered.

The Final Analysis Report (FAR) is the final report prepared by CD and its consultants in this proceeding. It provides analyses of the topics identified in AB 2393 and options for addressing them. On April 11, 2008, a draft FAR was mailed to the service list for comment. Based on the comments received on the draft, the FAR was revised and is included herein as Attachment A. This decision adopts the FAR for transmittal to the Legislature and addresses the next steps the Commission should take.

The Commission is committed to ensuring that communications systems are available during emergencies. As part of that commitment, Assigned Commissioner Simon conducted a post-firestorm workshop on January 9, 2008, with service providers, alerting equipment vendors, first responders and other interested persons in San Diego.5 The purpose of the workshop was to review communication issues and challenges posed by the October 2007 firestorms in San Diego County and to share the lessons learned. Commissioner Simon held a similar firestorm communications meeting with San Bernardino County first responders and community leaders on June 20, 2008. Both meetings were well attended and provided useful information on issues in this docket.

The Communications Division staff will issue a report addressing the performance of communications networks and emergency notification systems during the firestorms and the practices and procedures used by local entities, vendors and service providers. The report will include recommendations to improve emergency notification, response and communications facilities restoration in California.

In addition to the above, the Commission's staff is currently participating in the AB 2231 Alert and Warning Work Group convened by OES on March 27, 2008.6

4 The Commission sought the participation of service providers, equipment venders, public agencies and others with an interest in emergency backup power and notification systems in this proceeding.

5 Pursuant to an Assigned Commissioner's ruling dated April 12, 2008.

6 AB 2231 (Ch.764, Stats 2006), Pavley, required the Director of OES to convene a working group to consider and make recommendations with respect to a system for the transmission of emergency alerts to the public through a public-private partnership.

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