VII. CEQA Compliance

Applicants represent that the proposed exchange will not result in a direct or reasonably foreseeable indirect physical change in the environment. This is because the proposed exchange merely results in an exchange of personal property consisting of radio equipment and intangible property consisting of radio frequencies. In addition, the proposed exchange is not intended to cause any reasonably foreseeable indirect physical changes in the environment because SDG&E will install the new replacement equipment at existing radio sites, with the exception of Mt. Soledad in La Jolla, which will replace SDG&E's existing Catamaran Hotel site.

Mt. Soledad is an existing telecommunications site, established in the 1940's. There are four major telecommunications sites currently operating on Mt. Soledad: Channel 8 for television and FM broadcast, and commercial uses; Channel 10 for television and FM broadcast, and commercial uses; a U.S. Navy site for federal government military use; and, a University of California of San Diego site for education and commercial use. These four existing sites support approximately 200 various antennas. A wide variety of antennas are currently in use, including but not limited to, 100-foot-long antennas, 50-foot-long FM broadcast antennas, 20-foot-long commercial radio and public safety antennas, 8-foot diameter microwave dishes, and satellite dishes.

SDG&E proposes to place a new antenna at the Channel 8 site on Mt. Soledad. In comparison to equipment currently installed at Mt. Soledad, the antenna proposed for SDG&E is substantially smaller than the majority of those in use currently and represents one of the smallest antenna types used. The new antenna will be 3.2 feet long and approximately three inches in diameter, similar in size to a baseball bat.

The addition of this single antenna to an existing site for television and radio equipment will not have any reasonable foreseeable indirect physical change in the environment on Mt. Soledad. SDG&E's proposed construction activity falls under the deminimus exemptions for CEQA review under Section 3(B)(1)(E) of General Order (GO) 131-D and Sections (h)(1)(A) and (h)(1)(B) of Rule 17.1 of the Commission's Rules of Practice and Procedure. Moreover, Nextel does not intend to use any of SDG&E's equipment at Nextel's telecommunications sites. Should Nextel subsequently decide to install or modify any of its facilities or the facilities being acquired from SDG&E, Nextel would be required to comply with GO 159 and seek authority or exemption to install any such facilities from the local authority. Accordingly, there is no possibility that the proposed transaction contemplated herein may have any significant impact on the environment.