VIII. Ex Parte Approval

SDG&E has requested that this application be approved on an ex parte basis. Because this application is noncontroversial, in the public interest, and involves only an exchange of assets, this application should be approved on an expedited basis.

Comments on Draft Decision

This is an uncontested matter in which the decision grants the relief requested. Therefore, the applicable 30-day period for public review and comment is being waived pursuant to Section 311(g)(2) of the Public Utilities Code.

Findings of Fact

1. The proposed exchange will enable SDG&E to replace its nine-year-old 800 MHz radio equipment with new 900 MHz equipment provided by Motorola. The new system, an upgrade from SDG&E's current system, will have essentially the same features and functionality as its current system.

2. SDG&E and its customers will benefit from this proposed exchange by receiving new functionally-equivalent equipment for SDG&E's aging equipment and by eliminating interference on SDG&E frequencies.

3. The proposed exchange of radio frequencies and related equipment will not result in a gain on sale to SDG&E.

Conclusions of Law

1. The proposed exchange of radio frequencies and related equipment is not adverse to the public interest.

2. It is reasonable that the information submitted under seal should remain under seal for a period of two years.

3. SDG&E's addition of a single antenna to an existing site for television and radio equipment falls under the deminimus exemptions for CEQA review under GO 131-D and Rule 17.1 of the Commission's Rules of Practice and Procedure.

4. The proposed transfer will not have any adverse impact on the environment.

5. The authority being granted by this order is not a finding of the value of the rights and property to be transferred.

6. The application should be granted to the extent provided in the following order and the order should be effective today to allow the exchange to occur expeditiously.

ORDER

IT IS ORDERED that:

1. San Diego Gas & Electric Company (SDG&E) is authorized to transfer its licenses to ten 800 megahertz (MHz) Land Mobile Radio frequencies and title to related equipment to Nextel of California, Inc. (Nextel), in exchange for twenty-five 900 MHz frequencies and Nextel Communications, Inc. direct payment on SDG&E's behalf under contracts for the Exchange consisting of new radio equipment, installation costs, and programming services. This exchange of radio frequencies and related equipment shall be as set forth in the Asset Exchange Agreement attached to the application as Exhibit A.

2. Schedule A and B to the System Agreement, attached to the Application as Exhibit B, shall remain sealed for a period of two years from the date of this order. The sealed information shall not be made accessible or disclosed to anyone other than Commission staff during the one-year time period. However, the sealed information may be disclosed upon the execution of a mutually acceptable nondisclosure agreement or on further order or ruling of the Commission or the Administrative Law Judge, then designated as the Law and Motion Judge.

3. Nextel shall comply with General Order 159 and seek authority or exemption to install or modify any of its facilities or the facilities being acquired from SDG&E should Nextel subsequently decide to install or modify any such facilities.

4. SDG&E shall notify the Director of the Commission's Energy Division in writing of the exchange of radio frequencies and related equipment, as authorized herein, within 10 days of the date of consummation of such transfer. A true copy of the transfer documents shall be attached to the written notification.

5. Within 60 days after the completion of the exchange, SDG&E shall file a copy of each journ al entry used to record the exchange of radio frequencies and related equipment with the Commission's Energy Division for approval.

6. The application is granted as set forth above and the authority granted shall expire if not exercised by June 30, 2003.

7. Application 01-08-037 is closed.

This order is effective today.

Dated November 29, 2001, at San Francisco, California.

Previous PageTop Of PageGo To First Page