2. Background

The Commission granted Level 3 both CLC and NDIEC operating authority in Decision (D.) 98-03-066, approving Level 3's request for a CPCN to operate (1) as a facilities-based provider of competitive local exchange telecommunications services, (2) as a reseller of competitive local exchange telecommunications services within the California service territories of Pacific Bell, GTE California Incorporated, Roseville Telephone Company, and Citizens Telephone Company, and (3) as a NDIEC providing intraLATA toll and intrastate interLATA services.¹ The Commission conditioned the authorization upon, among other things, Level 3's compliance with the final mitigated negative declaration adopted in D.98-03-066 and known as Negative Declaration IX. Under that environmental document, Level 3 may construct and operate its network only within existing utility ROWs and must file with the Commission for modification of its CPCN, and for supplemental environmental review, before extending the project beyond these ROWs.²

On June 16, 1999, Level 3 filed this application, which requests modification of the CPCN to authorize construction of specified network elements, and their operation, outside of the ROWs. No protests were filed. Level 3 included, as Exhibit 5 of the application, its Proponent's Environmental Assessment (PEA). In the ensuing months, Level 3 filed a number of supplements to the PEA, both to better explain certain project elements and to eliminate others from the project, thereby minimizing the total number of off-ROW project elements and the potential for environmental impact. Level 3 filed the final PEA on February 1, 2000 and by letter dated March 13, 2000, dropped another two project elements from the application.