Background
ExteNet, a California limited liability company, holds a CPCN authorizing the company to provide full facilities-based local exchange and interexchange services in this state.2
In Decision (D.) 06-04-063,3 we amended ExteNet's original CPCN,4 which authorized the provision of limited facilities-based interexchange services only, to authorize the provision of full facilities-based local exchange and interexchange services. A full facilities-based CPCN is required when a telecommunications provider wishes to perform construction other than very minor activities, such as the installation of switches in existing buildings or structures.
In proceedings resulting in the adoption of D.06-04-063, ExteNet stated that its facilities-based Distributed Antenna Communications System (DAS) projects would consist of: (a) predominantly aerial fiber optic facilities and the installation of compact "nodes" on existing utility poles, (b) a minor amount of ground-disturbance (100-200 feet) associated with connecting equipment enclosures on private property within the aerial right-of-way; and (c) aerial fiber runs of short distances, rarely exceeding 1,000 feet. All of ExteNet's facilities would be located within public utility rights-of-way (except for ingress and egress), and the projects and facilities would be widely separated geographically. Therefore, ExteNet proposed an expedited process for Commission determination of whether ExteNet's facilities-based projects are exempt from review under CEQA, in order to receive Commission authorization to commence construction without unnecessary delays.
In D.06-04-063, we found that ExteNet's facilities-based DAS projects were of a limited nature and would, in almost all circumstances, most likely qualify for an exemption from CEQA. We also determined that ExteNet's proposed expedited process for Commission review of claimed CEQA exemptions for these projects was adequate for the Commission's purposes as a Lead Agency under CEQA, and is in the public interest. We therefore approved an expedited procedure for review of ExteNet's proposed CEQA exemptions for its
facilities-based projects.
Under the expedited process approved in D.06-04-063, ExteNet is required to submit certain information to the Commission's Energy Division (ED) regarding its planned construction projects and the CEQA exemptions claimed to apply to these projects. ED then reviews the information submitted by ExteNet and determines whether the claimed CEQA exemption(s) applies. Within
21 days of ExteNet's submittal of all required information, ED must either:
· Issue a Notice to Proceed with construction and file a Notice of Exemption with the State Clearinghouse, Office of Planning and Research; or
· Issue a letter of denial explaining the specific reasons that the claimed CEQA exemption(s) does not apply to the project.
If the ED determines that the proposed CEQA exemption(s) does not apply, ExteNet must either redesign the project and reapply for a determination that a CEQA exemption(s) applies or file a formal application with the Commission and undergo CEQA review for the project before commencing construction.5
2 See D.06-04-063.
3 At the time of the application and Decision, ExteNet was known as ClearLinx Network Corporation.
4 ExteNet authorized to provide limited facilities based interexchange service by
D.05-07-004 on July 6, 2005.
5 D.06-04-063 also notes that the Commission is conducting a rulemaking proceeding regarding the application of CEQA to telecommunications entities in general. If the Commission modifies the above procedure in the rulemaking, ExteNet must comply with the new procedure.
