IV. Section 311(g)(2) - Uncontested decision grants relief requested
This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Pub. Util. Code § 311(g)(2), the otherwise applicable 30-day period for public review and comment is being waived.
1. SCC filed its application seeking a CPCN to provide competitive local exchange services in the territories of the four largest California incumbent local exchange carriers.
2. There are no protests to the application.
3. In D.99-10-025, the Commission found that further inquiry was required to resolve the CEQA issues raised by the filed comments of public agencies before full facilities-based authority could be considered for then-pending CLC petitions.
4. Prior Commission decisions authorized competition in providing local exchange telecommunications service within the service territories of Pacific, Verizon, RTC, and CTC for carriers meeting specified criteria.
5. SCC has demonstrated that it has a minimum of $100,000 in cash or cash equivalent reasonably liquid and readily available to meet its start-up expenses.
6. Applicant's technical experience is demonstrated by supporting documentation which provides summary biographies of key management personnel.
7. By D.97-06-107, applicants for CLC authority are exempt from Rule 18(b).
8. Exemption from the provisions of Pub. Util. Code §§ 816-830 has been granted to other nondominant carriers. (See, e.g., D.86-10-007 and D.88-12-076.)
9. The transfer or encumbrance of property of nondominant carriers has been exempted from the requirements of Pub. Util. Code § 851 whenever such transfer or encumbrance serves to secure debt. (See D.85-11-044.)
10. The provision of local exchange telecommunications service on a limited facilities basis or by resale, would not have a significant effect on the environment.
11. In a concurrent decision in A.00-12-025, the Commission affirmed the Final Arbitrator's Report, finding that SCC is a telecommunications carrier and is entitled to request arbitration of an interconnection agreement with Pacific Bell.
1. SCC has the financial ability to provide the proposed services, and has made a reasonable showing of technical expertise in telecommunications.
2. Public convenience and necessity require the competitive local exchange services to be offered by SCC subject to the terms, conditions, and restrictions set forth below.
3. SCC must submit a complete draft of its initial tariff that complies with the requirements established by the Commission that corrects any deficiencies identified in Appendix B and includes prohibitions on unreasonable deposit requirements.
4. SCC is subject to:
a. The current 1.45% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the Universal Lifeline Telephone Service (Pub. Util. Code § 879; Resolution T-16435, December 21, 2000);
b. The current 0.481% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the California Relay Service and Communications Devices Fund (Pub. Util. Code § 2881; D.98-12-073 and Resolution T-16504, March 27, 2001, 2001);
c. The user fee provided in Pub. Util. Code §§ 431-435, which is 0.11% of gross intrastate revenue for the 2000-2001 fiscal year (Resolution M-4800);
d. The current surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the California High Cost Fund-A (Pub. Util. Code § 739.3; D.96-10-066, pp. 3-4, App. B, Rule 1.C; set by Resolution T-16521 at 0.200%, June 14, 2001);
e. The current 2.6% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the California High Cost Fund-B (D.96-10-066, p. 191, App. B, Rule 6.F, Resolution T-16430, September 21, 2000); and
f. The current 0.185% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the California Teleconnect Fund (D.96-10-066, p. 88, App. B, Rule 8.G; set by Resolution T-16437, September 21, 2000).
5. Applicant should be exempted from Rule 18(b).
6. Applicant should be exempted from Pub. Util. Code §§ 816-830.
7. Applicant should be exempted from Pub. Util. Code § 851 when the transfer or encumbrance serves to secure debt.
8. Applicant should be granted a CPCN for local exchange resale service subject to the terms, conditions, and restrictions set forth in the order below.
9. As long as service is limited to reselling local exchange service, or providing facilities-based service as defined herein, it can be seen with certainty that there is no possibility that granting this CPCN will have an adverse effect upon the environment.
IT IS ORDERED that:
1. A certificate of public convenience and necessity (CPCN) shall be granted to SCC Communications Corp. (SCC or Applicant) to provide competitive local exchange telecommunications services utilizing resale of other carriers' services or limited facilities-based services within the service territories of Pacific Bell, Verizon California Inc., Roseville Telephone Company and Citizens Telephone Company.
2. Authorization for facilities-based authority beyond the use of unbundled network elements and the placement of equipment within previously existing building and structures will require the filing a new application in conformance with California Environmental Quality Act (CEQA) requirements.
3. Applicant shall file a written acceptance of the certificate granted in this proceeding prior to commencing service.
4. Applicant shall correct the outstanding tariff deficiencies identified in Appendix B prior to being authorized to begin service.
5. a. Applicant is authorized to file with this Commission tariff schedules (incorporating Appendix B corrections) for the provisioning of competitive local exchange services, as described in Ordering Paragraph 1. The Applicant may not offer these services until tariffs are on file, and until any applicable deficiencies have been corrected. Applicant's initial filing shall be made in accordance with General Order (GO) 96-A, excluding Sections IV, V, and VI, and shall be effective not less than one day after approval by the Telecommunications Division.
b. Applicant is a competitive local carrier (CLC). The effectiveness of each of its future tariffs is subject to the schedules set forth in Decision (D.) 95-07-054, Appendix A, § 4E:
A. "E. CLCs shall be subject to the following tariff and contract-filing, revision and service-pricing standards:
"(1) Uniform rate reductions for existing tariff services shall become effective on five (5) working days' notice to the Commission. Customer notification is not required for rate decreases.
"(2) Uniform major rate increases for existing tariff services shall become effective on thirty (30) days' notice to the Commission, and shall require bill inserts, or a message on the bill itself, or first class mail notice to customers at least 30 days in advance of the pending rate increase.
"(3) Uniform minor rate increases, as defined in D.95-07-054, shall become effective on not less than five (5) working days' notice to the Commission. Customer notification is not required for such minor rate increases.
"(4) Advice letter filing for new services and for all other types of tariff revisions, except changes in text not affecting rates or relocations of text in the tariff schedules, shall become effective on forty (40) days' notice to the Commission.
"(5) Advice letter filings revising the text or location of text material which do not result in an increase in any rate or charge shall become effective on not less than five (5) days' notice to the Commission.
"(6) Contracts shall be subject to GO 96-A rules for NDIECs, except interconnection contracts.
"(7) CLCs shall file tariffs in accordance with PU Code Section 876."
6. Applicant may deviate from the following provisions of GO 96-A: (a) paragraph II.C.(1)(b), which requires consecutive sheet numbering and prohibits the reuse of sheet numbers, and (b) paragraph II.C.(4), which requires that "a separate sheet or series of sheets should be used for each rule." Tariff filings incorporating these deviations shall be subject to the approval of the Commission's Telecommunications Division. Tariff filings shall reflect all fees and surcharges to which Applicant is subject, as described in Conclusion of Law 4. Applicant is also exempt from GO 96-A Section III.G.(1) and (2), which require service of advice letters on competing and adjacent utilities, unless such utilities have specifically requested such service.
7. Applicant shall file as part of its initial tariffs, after the effective date of this order and consistent with Ordering Paragraph 3, a service area map.
8. Prior to initiating service, Applicant shall provide the Commission's Consumer Services Division with Applicant's designated contact persons for purposes of resolving consumer complaints and the corresponding telephone numbers. This information shall be updated if the names or telephone numbers change or at least annually.
9. Applicant shall notify this Commission in writing of the date local exchange service is first rendered to the public within five days after service begins. The same procedure shall be followed for the authorized intraLATA and interLATA services, where applicable.
10. Applicant shall keep its books and records in accordance with generally accepted accounting principles.
11. Applicant shall each file an annual report, in compliance with GO 104-A, on a calendar-year basis using the information-request form developed by the Commission Staff and contained in Appendix A.
12. Applicant shall ensure that its employees comply with the provisions of Pub. Util. Code § 2889.5 regarding solicitation of customers.
13. The certificate granted and the authority to render service under the rates, charges, and rules authorized will expire if the CLC authority is not exercised within 12 months after the effective date of this order.
14. The corporate identification number assigned to Applicant is U-6579-C which, shall be included in the caption of all original filings with this Commission, and in the titles of other pleadings filed in existing cases.
15. Within 60 days of the effective date of this order, Applicant shall comply with Pub. Util. Code § 708, Employee Identification Cards, reflecting its authority, and notify the Director of the Telecommunications Division (TD) in writing of its compliance.
16. Applicant is exempted from the provisions of Pub. Util. Code §§ 816-830.
17. Applicant is exempted from Pub. Util. Code § 851 for the transfer or encumbrance of property, whenever such transfer or encumbrance serves to secure debt.
18. If Applicant is 90 days or more late in filing an annual report or in remitting the fees listed in Conclusion of Law 4, the TD shall prepare for Commission consideration a resolution that revokes that petitioner's CPCN, unless it has received written permission from the TD to file or remit late.
19. It can be seen with certainty that no material adverse environmental impacts will result from the limited CPCN authority granted in this order.
20. Applicant shall comply with all applicable rules adopted in the Local Exchange Competition proceeding (R.95-04-043, I.95-04-044), as well as all other applicable Commission rules, decisions, General Orders, and statutes that pertain to California public utilities, subject to the exemptions granted in this decision.
21. The Application of SCC is granted only as set forth above.
22. Application 00-12-016 is closed.
This order is effective today.
Dated October 10, 2001, at San Francisco, California.
LORETTA M. LYNCH
President
HENRY M. DUQUE
RICHARD A. BILAS
CARL W. WOOD
GEOFFREY F. BROWN
Commissioners
TO: ALL COMPETITIVE LOCAL CARRIERS AND INTEREXCHANGE
TELEPHONE UTILITIES
Article 5 of the Public Utilities Code grants authority to the California Public Utilities Commission to require all public utilities doing business in California to file reports as specified by the Commission on the utilities' California operations.
A specific annual report form has not yet been prescribed for the California interexchange telephone utilities. However, you are hereby directed to submit an original and two copies of the information requested in Attachment A no later than March 31st of the year following the calendar year for which the annual report is submitted.
Address your report to:
California Public Utilities Commission
Auditing and Compliance Branch, Room 3251
505 Van Ness Avenue
San Francisco, CA 94102-3298
Failure to file this information on time may result in a penalty as provided for in §§ 2107 and 2108 of the Public Utilities Code.
If you have any question concerning this matter, please call (415) 703-1961.
APPENDIX A
Information Requested of California Competitive Local Carriers and Interexchange Telephone Utilities.
To be filed with the California Public Utilities Commission, 505 Van Ness Avenue, Room 3251, San Francisco, CA 94102-3298, no later than March 31st of the year following the calendar year for which the annual report is submitted.
1. Exact legal name and U # of reporting utility.
2. Address.
3. Name, title, address, and telephone number of the person to be contacted concerning the reported information.
4. Name and title of the officer having custody of the general books of account and the address of the office where such books are kept.
5. Type of organization (e.g., corporation, partnership, sole proprietorship, etc.).
If incorporated, specify:
a. Date of filing articles of incorporation with the Secretary of State.
b. State in which incorporated.
6. Commission decision number granting operating authority and the date of that decision.
7. Date operations were begun.
8. Description of other business activities in which the utility is engaged.
9. A list of all affiliated companies and their relationship to the utility. State if affiliate is a:
a. Regulated public utility.
b. Publicly held corporation.
10. Balance sheet as of December 31st of the year for which information is submitted.
11. Income statement for California operations for the calendar year for which information is submitted.
(END OF APPENDIX A)
APPENDIX B
Page 1
List of deficiencies in tariff filed by SCC Communications Corp. in A.00-12-016 to be corrected in Tariff Compliance filing.
1. On the top right-hand corner of every tariff sheet, add the words "Schedule Cal. P.U.C. No. 1-T."
2. Sheet 9: Change the symbol "M" to "N." Refer to GO 96-A, page 3.
3. Sheet 13: Tariff must be available for inspection at an office in California.
4. Sheet 29, Rule 3: Include the 2nd paragraph from Rule 2 of Appendix B of D.95-07-054 into the CLC tariff.
5. Sheet 35, Rule 6B(3): State in the tariff that in the event a customer requests services in addition to basic service, the average bill will reflect the aggregate services requested by the customer. Refer to Rule 5 of Appendix B of D.95-07-054.
6. Sheet 42, Rule 8(F): Include the following corrected surcharges:
Period Effective 01/01/01
ULTS 0.800%
CRS/CDFS 0.000%
CHCF-A 0.000
CHCF-B 2.600%
CTF 0.185%
User Fee 0.11%
7. Sheet 43, Rule 9(2): State in the tariff that the "Due by" date shall be no sooner than 15 days of the date of presentation. Also, include Rule 8G from Appendix B of D. 95-07-054 into the CLC tariff.
8. Sheet 74, Rule 28: Incomplete rule on Change of Service Providers. Refer to Rule 11 of Appendix B of D.95-07-054.
APPENDIX B
Page 2
9. Sheet 95, Rule 35: Remove the Service Liabilities, Limitations, and Database Errors or Omission found in the General Liability Provisions of the Company Rule. CLC must concur with Pacific or GTEC's Limitation of Liability tariffs. Refer to D. 95-12-057.
10. Remove the Los Angeles Consumer Affairs Branch address found on pages 35 and 44.
(END OF APPENDIX B)
