Authority to Construct

Under ordinary circumstances, the project activities proposed by ExteNet would generally fall within their existing authority to install fiber optic DAS facilities and related equipment pursuant to an informational advice letter process that the Commission has implemented on a case-by-case basis for DAS projects to streamline its processes with respect to the implementation of CEQA. However, because the proposed project lies within a California Scenic Highway where utility facilities are generally required to be underground, the Commission staff, out of an abundance of caution, rejected the informal advice letter route for this particular project in favor of a formal application and CEQA analysis. Due to the need to install some of the proposed facilities above-ground, requiring an exception to the general policy for Scenic Highways, and due to the fact that significant work would occur within the Right-of-Way of a scenic highway, the Commission staff opted to require a full CEQA analysis for the proposed project.