ALJ/XJV/hl2 Mailed 3/2/2004

Decision 04-02-041 February 26, 2004

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Application of SOUTHERN CALIFORNIA EDISON COMPANY (U 338-E) for Authority to Lease Antenna Equipment Locations to Pacific Bell Wireless, LLC, d/b/a Cingular Wireless.

Application 02-07-031 (Filed July 7, 2002)

OPINION APPROVING LEASE AGREEMENTS

I. Summary

In this unopposed application, Southern California Edison Company (Edison) asks the Commission to approve under Pub. Util. Code § 851¹ two master agreements and associated standard agreements by which Edison proposes to lease antenna equipment locations to Pacific Bell Wireless, LLC, dba Cingular Wireless (Cingular). Each of the master agreements sets forth a framework for the licensing and subsequent leasing by Edison to Cingular of property suitable for use as attachments for telecommunications antennas and antenna equipment. Consistent with this framework, the specific attachments are identified in the standard agreements.

We approve the application, authorizing 23 proposed leases and approving Edison's request to use one of the master agreements for future leases to Cingular of additional antenna equipment locations. However, before it makes any substantive amendments to the master agreements or associated standard agreements in the future, we require Edison to file an application to obtain our approval under § 851. Finally, consistent with precedent, we resolve Edison's motion to file certain confidential terms in the agreements under seal.