ALJ/DOT/hkr Mailed 5/23/2003

Decision 03-05-055 May 22, 2003

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Daniels Cablevision, Inc. and the California Cable Television Association,

Complainant,

vs.

San Diego Gas & Electric Company,

Defendant.

Case 00-09-025

(Filed September 18, 2000)

OPINION TO ESTABLISH A COST-BASED TRANSMISSION
RIGHT-OF-WAY FEE FOR SAN DIEGO GAS & ELECTRIC COMPANY

TABLE OF CONTENTS

Title Page

OPINION TO ESTABLISH A COST-BASED TRANSMISSION
RIGHT-OF-WAY FEE FOR SAN DIEGO GAS & ELECTRIC COMPANY 2 2

I. Summary 2 2

II. Procedural History 3 3

III. Calculation of the Pole Attachment Fee 5 5

IV. SDG&E's Position 6 6

V. Complainant's Position 6 6

VI. Wood Pole Attachment Charge 7 7

A. Net Pole Investment 7 7

B. ROW Overhead Factor 11 11

C. Maintenance Expense Factor 14 14

D. A&G Expense Factor 19 19

E. Depreciation Expense Factor 21 21

F. Other Items 23 23

VII. Steel Pole Attachment Charge 23 23

A. Net Pole Investment 24 24

B. Other Items 26 26

VIII. Conclusion 26 26

IX. Comments on Draft Decision 26 26

X. Assignment of Proceeding 27 27

Findings of Fact 27 27

Conclusions of Law 29 29

ORDER 33 33

Attachment A

Attachment B

OPINION TO ESTABLISH A COST-BASED TRANSMISSION
RIGHT-OF-WAY FEE FOR SAN DIEGO GAS & ELECTRIC COMPANY

I. Summary

This decision establishes pole attachment fees that San Diego Gas & Electric Company (SDG&E) may charge to Highland Carlsbad Cablevision, Inc. d/b/a Adelphia (Adelphia), the successor in interest to Daniels Cablevision, Inc. (Daniels) for use of poles in its transmission right-of-way on private land. The authorized annual fee of $22.12 for attachment to wood poles and $278.97 for attachment to steel poles differs from SDG&E's proposal of $33.41 for wood poles and $586.88 for steel poles and from Adelphia's and the California Cable Television Association's (CCTA's) proposal of $21.88 for wood poles and $239.33 for steel poles. The transmission pole attachment fee includes an overhead component, which compensates SDG&E for the use of its easements and rights-of-way (ROW) between transmission poles.

In Decision (D.) 02-03-048, it was ordered that SDG&E would not be allowed to charge Daniels a License to Use ROW fee of $6,080 per mile as long as the 1986 Pole Attachment License Agreement remained in effect. It was also ordered that should the parties exercise their right to terminate the 1986 Agreement, SDG&E may impose upon Daniels a cost-based fee for use of its transmission easements and ROW on private land and that the fee would be calculated as an overhead component of the transmission pole attachment fee. Today's decision resolves the dispute between SDG&E and Adelphia/CCTA regarding the correct assumptions and calculations for deriving the various components of the pole attachment fee, including that associated with the use of transmission easements and ROW on private land.