COM/HMD/cgj Mailed 12/9/02

Decision 02-12-018 12/05/02

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Pacific Gas and Electric Company (U 39 M) for Section 851 Approval of Agreements Allowing Access to Electric Distribution Facilities for the Installation and Maintenance of Telecommunications Equipment.

Application 00-12-026 (Filed December 19, 2000)

OPINION ADDRESSING THIRTEEN AGREEMENTS

FOR THE LEASE OF PROPERTY
OWNED BY PACIFIC GAS AND ELECTRIC COMPANY

Table of Contents

Topic Page

I. Summary 2

II. The Application 2

III. Protest and Response 6

IV. Discussion 8

A. License vs. Lease 8

B. Public Utilities Code § 851 11

C. Compliance with Section 851 and CEQA 12

V. Procedural Matters 12

VI. Comments 13

Findings of Fact 13

Conclusions of Law 15

ORDER 16

I. Summary

In Application (A.) 00-12-026, Pacific Gas and Electric Company (PG&E) requests authority under Public Utilities Code § 851¹ to convert 13 license agreements into lease agreements. The agreements establish terms and conditions for the installation of telecommunications equipment on PG&E's utility poles and other electric distribution facilities. Today's decision finds that the "lease" agreements are in substance licenses consistent with the Commission's General Order (G.O.) 69-C. Accordingly, this decision does not approve a conversion of those agreements, because application and approval of lease authority under Section 851 is not required.