Before The Public Utilities Commission of the State Of california
|
Order Instituting Rulemaking To Revise Commission General Order Number 95 pursuant to D.05-01-030 |
Rulemaking 05-02-023 (Filed February 24, 2005) |
I. INTRODUCTION
The Public Utilities Commission's (Commission) General Order (GO) 95 "RULES FOR OVERHEAD ELECTRIC LINE CONSTRUCTION" formulate uniform requirements for overhead electric supply and communication facilities constructed in the State of California. The Commission is charged with ensuring that electric utilities operating in California comply with the provisions of the Public Utilities Code and relevant laws and regulations, such as GO 95. To that extent, among other things, the Commission's staff in its Consumer Protection and Safety Division (CPSD) engages in the following:
· Conducts inspections of utilities' overhead electric facilities to ensure compliance with GO 95.
· Investigates electric incidents involving public utilities subject to the Commission's jurisdiction to determine the causes, verify compliance with relevant laws and regulations, including GO 95, and makes recommendations to prevent similar incidents.
· Responds to public and utility inquiries and requests for interpretations of GO 95.
· Investigates public complaints related to compliance by public utilities with relevant laws and regulations including GO 95.
While performing these functions, staff has determined that the rules in GO 95 do not address construction standards for attaching electric supply and communication antennas (hereafter referred to as "wireless antennas") to jointly used poles and towers. Despite the proliferation of this equipment on jointly used poles and towers, wireless antennas do not fall under any class of circuitry currently categorized in GO 95. Thus, staff recommends revisions to GO 95 establishing uniform construction standards for attaching wireless antennas to jointly used poles and towers.
This OIR presents Proposed Rule 94 to GO 95, which is set forth in its entirety and attached hereto as "Appendix A."1 Proposed Rule 94 creates uniform construction standards for attaching wireless antennas to jointly used poles and towers. Appendix B contains the Telecommunications and Electric Line Rulemaking Plan (TELRP).2
This OIR shall be served on all electric corporations and municipalities providing electric service with instrumentalities, equipment, and facilities in California. There has been one previous rulemaking docket associated with GO 95 (R.01-10-001), and thus there is an existing service list which includes the electric corporations and municipal electric providers. Therefore, the OIR shall be served on all service categories for the service list for R.01-10-001. This OIR shall also be served on all wireless carriers certified by the Commission. The list of all wireless carriers certified by the Commission as of February 23, 2005 is attached as Appendix C. Copies of this OIR may be obtained through the Commission's Central Files Office (415-703-2045), or downloaded from the Commission's internet site ( http://www.cpuc.ca.gov). Interested parties are invited to file comments as set forth below and to present alternatives or proposals they may have concerning Proposed Rule 94 to GO 95.
II. BACKGROUND
On October 2, 2001, the Commission issued R.01-10-001 to revise GO 95 and GO 128, which govern, respectively, the construction of overhead and underground electric supply and communications systems. Commission staff, industry representatives, labor organizations and the public conducted 16 months of twice-monthly two to three-day public workshops throughout California. A total of 63 proposed rule changes to existing rules were considered. Of these, 40 were supported by consensus of the workshop participants, 15 were withdrawn, and eight were in dispute.
On January 13, 2005, the Commission issued D.05-01-030 in R.01-10-001. The Commission adopted the 40 proposed rule changes supported by consensus as a settlement pursuant to Rules 51, et seq., of the Rules of Practice and Procedure, noted the 15 withdrawn proposed rule changes, and discussed and resolved seven of the eight disputed proposed rule changes. The Commission, however, was unable to resolve all of the issues surrounding Proposed Rule Change (PRC) 26, proposing to add Rule 94 to GO 95 establishing uniform construction standards for attaching wireless antennas to jointly used poles and towers. Thus, in D.05-01-030, the Commission directs staff to further investigate the issues raised by PRC 26 in a new OIR.
III. SUMMARY
The Commission initiates this OIR as required by D.05-01-030. GO 95 is critical to the Commission's role of overseeing the safe operation of overhead electric facilities by utilities operating and providing service in California. Although the proceeding contemplated by this Order does not require public hearings or workshops (all comments may be submitted in writing), the assigned Administrative Law Judge will decide whether there is a need for hearings or workshops. Any and all alternative proposals advanced by utilities, wireless carriers, and other parties will be considered in this Rulemaking docket.
IV. JURISDICTION
As noted earlier, GO 95 rules concern the safety of the general public, utilities' customers and their employees. As required by the Public Utilities Code, "[e]very public utility shall furnish and maintain such adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities ... as are necessary to promote the safety, health, comfort, and convenience of its patrons, employees, and the public." (Pub. Util. Code, § 451.) As part of the Commission's jurisdiction over public utilities in California, we are authorized to "do all things, whether specifically designated in ... [the Public Utilities Code] or in addition thereto, which are necessary and convenient" to our regulation of public utilities, including, though not limited to, adopting necessary rules and requirements in furtherance of our constitutional and statutory duties to regulate and oversee public utilities operating in California. (Id., § 701.)
This Commission has comprehensive jurisdiction over questions of public health and safety arising from utility operations. (San Diego Gas & Electric v. Superior Court ("Covalt") (1996), 13 Cal.4th 893, 923-924.) Our jurisdiction to regulate these entities is set forth in the California Constitution and in the Public Utilities Code. (Cal. Constit., Art. 12, §§ 3, 6; Pub. Util. Code, §§ 216, 701, 1001; see also, Order Instituting Investigation Into the Power Outage Which Occurred on December 8, 1998 on Pacific Gas & Electric System, Investigation 98-12-013 resulting in D.99.09-028, at 7-8, 1999 Cal. PUC Lexis 635.) Such utilities are required to "obey and comply with every order, decision, direction, or rule made or prescribed by the [C]ommission ...." (Pub. Util. Code, § 702; see also, id., §§ 761, 762, 767.5, 768, 770.) The Commission is obligated to see that the provisions of the Constitution and state statutes affecting public utilities are enforced and obeyed. (Pub. Util. Code, § 2101.)
In R.01-10-001, wireless carriers opposed PRC 26 asserting that the Federal Communications Commission (FCC) has preempted states from regulating radio frequency (RF) emissions from wireless antenna facilities. The Commission took the position that PRC 26 did not regulate RF emissions, rather it addressed worker safety and system reliability issues by establishing uniform construction standards for attaching wireless antennas to jointly used poles and towers. According to staff, the drafters of PRC 26 were careful not to intrude on RF clearance standards established by the FCC. However, the drafters recognized the importance of establishing a separation distance between wireless antenna facilities and other electrical supply and communication facilities to promote worker safety. Thus, PRC 26 proposed an additional clearance "cylinder" that would allow electric supply and communication workers, and any other authorized persons, to climb poles or towers and work on particular attachments while promoting worker safety and system reliability, and complying with the FCC's mandated clearances from RF emissions. Nonetheless, this issue should be fully vetted by the parties to this new OIR.
V. PROCEDURE
In order to create a public record upon which to base a decision, all utilities, wireless carriers, and other interested parties will be given an opportunity to comment on Proposed Rule 94 to GO 95, and to advance relevant comments in a public context to assist the Commission in developing a rule that will best serve the public interest. Comments and reply comments may be addressed to the Commission, in the manner set forth below, on Proposed Rule 94. The proceeding's assigned Commissioner may, if it appears useful, convene a pre-hearing conference after receipt of the opening and reply comments, to determine whether any further public hearing is necessary for the development of a rulemaking record regarding Proposed Rule 94 to GO 95.
The goal of GO 95 is to promote public health, safety and general welfare, and, to that end, Proposed Rule 94 addresses public health, safety and general welfare concerns. The goal of this proceeding is for the Commission to adopt a rule that will help fulfill its mission as a regulatory agency, and that promotes the safety, health, comfort, and convenience of the utilities' patrons, employees, joint pole users, and the public, whenever possible, regarding GO 95. After parties have filed opening and reply comments and the assigned Commissioner has determined whether a prehearing conference and/or evidentiary hearings are necessary to further develop the record, a proposed decision will be issued and parties will have an opportunity to comment on that proposal before the Commission issues a final decision.
VI. NEED FOR PROPOSED RULE 94
Presently, GO 95 does not have uniform construction standards for attaching wireless antennas to jointly used poles and towers in this state. Proposed Rule 94 will establish uniform construction standards for the attachment of wireless antennas to jointly used poles and towers thereby addressing issues of worker safety and system reliability.
Proposed Rule 94 is the same as PRC 26 from R.01-10-001,3 which was drafted with input and technical guidance provided by CPSD, Sprint PCS, Verizon Wireless, SBC, Verizon California Incorporated, California Cable Television Association, Pacific Gas & Electric, Southern California Edison, IBEW 1245, and San Diego Gas & Electric. During R.01-10-001, all parties involved in crafting PRC 26 recognized the need to create a rule that would allow any joint user of a pole or tower to access the facility in a safe manner regardless of time or location.
GO 95 currently requires appropriate separation between electric supply and communication facilities for the safety of communication workers. As a result of those separation requirements, communication facilities have attached their equipment below electric supply facilities thereby preventing communication workers from being exposed to the potential hazard of electrical equipment, complying with the Occupational Safety and Health Administration's (OHSA) work rules for communication and supply workers, and allowing communication workers safe access to their communication facilities.
For several years now, wireless antennas have been and continue to be installed on jointly used poles and towers where electric supply and communication workers perform their duties. Proposed Rule 94, if adopted, would establish uniform construction standards requiring a separation distance between wireless antenna facilities and other electric supply and communication facilities attached to joint poles and towers with the goal of promoting worker safety and system reliability. In this regard, the Commission requests that the parties to this OIR examine whether electric supply and communication workers should have the ability to shut down a wireless antenna facility with a "kill switch" if the worker determines that his or her safety may be compromised.
In R.01-10-001, 11 parties including CPSD supported and helped craft PRC 26. In its utility right-of-way decision (D.98-10-058), the Commission concluded that there was a need for safety requirements for wireless attachments to utility poles and instructed incumbent utilities to establish standards. Although the incumbent utilities choose R.01-10-001, which resulted in D.05-01-030, as the proceeding in which to address the issue of establishing construction standards for wireless antenna facilities, the issue was not resolved in that proceeding. Thus, the Commission has decided to address that particular issue in this new rulemaking. The purpose of this OIR is to give the parties the opportunity to further explore all issues raised by Proposed Rule 94 to GO 95. In its investigation, staff and interested parties are directed to explore and make recommendations on the following subjects, among others:
· Have all commercially licensed wireless antenna entities received notice and an opportunity to participate in establishment of a new state rule for installing wireless antennas on jointly used poles and towers?
· Does § 332[c](7)(B)(iv) of the 1996 Telecommunications Act preempt the Commission from adopting requirements on the clearances between facilities that should be maintained when wireless carriers attach wireless antennas with RF emissions to jointly used poles and towers?
· Does the record provide evidence supporting the concept of a "cylinder" of safety in which electric supply and communication workers can move without coming into proximity of RF emission levels that the FCC has deemed hazardous, or does the "cylinder" concept result in more stringent RF emission standards that are contrary to law?
· Does § 332[c](7)(B)(iv) preempt the Commission from requiring a "kill switch" on RF-emitting wireless antennas attached to jointly used poles and towers? What evidence supports the need for such a "kill switch," and are "kill switches" required for any other type of facility attached to jointly used poles and towers?
· What evidence supports applying the wireless antenna rule on wireless communications companies while exempting the RF-emitting unlicensed antennas of power companies and others?
The Commission anticipates that this OIR will include one or more workshops conducted in a manner similar to the workshops conducted in R.01-10-001. Moreover, the Commissioner and the Administrative Law Judge assigned to this OIR may deem evidentiary hearings necessary. The ground rules for this new OIR shall be established at a Prehearing Conference. Since the proposed rule changes adopted in D.05-01-030 will not take effect for a year, the Commission anticipates that a wireless antenna rule, if one is adopted, could become effective at or about the time that those adopted GO 95 changes go into effect.
VII. PRELIMINARY SCOPING MEMORANDUM
This OIR is instituted for the purpose of considering whether to add Proposed Rule 94 to GO 95 thereby establishing uniform construction standards for attaching wireless antennas to jointly used poles and towers. This rulemaking is preliminarily determined to be a quasi-legislative proceeding, as that term is defined in the Commission's Rules of Practice and Procedure, Rule 5 (d). It is contemplated that this proceeding shall be conducted through a written record and that an order will issue on the merits based on the pleadings timely filed in this docket. However, the Commissioner and the Administrative Law Judge assigned to this OIR may deem evidentiary hearings necessary.
Interested parties are invited to file opening comments, including proposed changes to GO 95, responding to the items raised in Appendix A of this order. Persons or entities filing opening comments shall include with their comments any objections they may have regarding the categorization of this proceeding as quasi-legislative, their position as to whether there is a need for an evidentiary hearing, and any objections to this preliminary scoping memorandum, pursuant to Commission Rules of Practice and Procedure, Rule 6(c)(2). Comments shall conform to the requirements of the Commission's Rules of Practice and Procedure, Article 3.5 (Rulemaking), and opening comments shall be filed with the Commission's Docket Office and served no later than 45 days after the date this OIR is mailed. Responses to opening comments may be submitted and shall be filed and served 15 days after opening comments. Parties filing opening comments or responses to opening comments are placed on notice that if hearings are held they may be required to provide testimony to support any assertions of fact. The Assigned Commissioner's office shall set a date for a pre-hearing conference in the event that it is determined that one needs to be held.
VIII. SERVICE LIST
The addition of Proposed Rule 94 to GO 95, as set forth in Appendix A, could, if implemented in whole or in part, affect the electric corporations, municipalities providing electric service and all wireless carriers certified by the Commission. There has been one previous rulemaking docket associated with GO 95 (R.01-10-001), and thus there is an existing service list which includes the electric corporations and municipal electric providers. Therefore, a copy of this OIR shall be served on all service categories for the service lists for R.01-10-001. This OIR shall also be served on all wireless carriers certified by the Commission. The list of all wireless carriers certified by the Commission as of February 23, 2005 is attached as Appendix C. Moreover, persons and entities interested in participating in this proceeding may request copies of this rulemaking order by contacting the Commission's Central Files, or may view and download copies from the Commission's Internet site ( http://www.cpuc.ca.gov), and may file opening comments in this docket within 45 days from the date of mailing of the OIR.
IT IS ORDERED that:
1. A rulemaking is instituted for the purpose of considering whether to adopt Proposed Rule 94 to General Order (GO) 95 establishing uniform construction standards for the attachment of wireless antennas on jointly used poles and towers in the State of California.
2. This rulemaking is preliminarily determined to be a quasi-legislative proceeding as that term is defined in the Commission's Rules of Practice and Procedure, Rule 5(d).
3. Any person or entity that seeks to participate in this proceeding should send a written request, by mail or email, within 30 days of the date this OIR is mailed to the Commission's Process Office (Process Office, Room 2000, 505 Van Ness Avenue, San Francisco, CA 94102 or Process_Office@cpuc.ca.gov). The request must include the following: (1) the full name of the person or entity upon whom service should be made (if the participant is an entity, the full name of the entity's representative for service of process); (2) the postal address, telephone number, and email address of the person or entity to be served; and (3) the service category desired (Appearance, State Service or Information Only).
4. The Process Office shall create an initial service list based on the written requests received within 30 days of the date this OIR is mailed and shall post this initial service list on the Commission's website no later than 7 days thereafter. Parties may obtain the service list from the Commission's website ( www.cpuc.ca.gov) or by contacting the Process Office [(415) 703-2021].
5. Interested parties are invited to file opening comments, including proposed changes to Proposed Rule 94 to GO 95, responding to the item attached hereto in Appendix A. Comments shall conform to the requirements of the Commission's Rules of Practice and Procedure, Article 3.5 (Rulemaking), and opening comments shall be filed with the Commission's Docket Office and served no later than 45 days after the date the OIR is mailed. Responses to opening comments shall be filed and served no more than 15 days after opening comments. Parties filing opening comments or responses to opening comments are placed on notice that if hearings are held they may be required to provide testimony to support any assertions of fact.
6. The Assigned Commissioner or the Assigned Administrative Law Judge shall set a date for a pre-hearing conference in the event that it is determined that one needs to be held.
7. Pursuant to Commission Rules of Practice and Procedure, Rule 6(c)(2), parties shall include with their opening comments any objections they may have regarding the categorization of this proceeding as quasi-legislative.
8. The Executive Director shall cause this OIR to be served on all service categories for the service list for R.01-10-001 and all wireless carriers certified by the Commission. The list of all wireless carriers certified by the Commission as of February 23, 2005 is attached hereto as Appendix C.
9. The Assigned Commissioner or the Assigned Administrative Law Judge shall have on-going oversight of the service list including late requests to be added to the service list, and may institute changes to the list or the rules governing it, as needed.
This order is effective today.
Dated February 24, 2005, at San Francisco, California.
MICHAEL R. PEEVEY
President
GEOFFREY F. BROWN
SUSAN P. KENNEDY
DIAN M. GRUENEICH
Commissioners
APPENDIX A
California Public Utilities Commission
Consumer Services Division
GENERAL ORDER 95 - PROPOSED RULE 94
MAP No. 8 - PRC No. 26 - GO 95, Rule 94
A. Proposal No. 1
Supported by William Adams, Verizon, SBC, Frontier, PG&E, SCE, CPSD, SDG&E,
IBEW 1245 and TID
Rationale
At this time, G.O 95 construction standards do not completely address how present and
future installations of Telecommunication and Supply antennas (wireless antennas) on jointly
used poles shall be constructed in the state of California. This proposed rule will set forth the
requirements for the attaching of wireless antennas to poles and towers in the General Orders 95
for Overhead Construction. The proposed new rule recognizes the construction issues related to
wireless antennas as a new technology in wireless communication and the necessity for its safe
application on jointly used poles and towers.
Because of wireless antenna technology and its use of radio frequency (RF) to transmit its
signal, wireless antennas do not squarely fit into any class of circuitry categorized in the General
Order 95. Therefore, there is a need to develop a statewide requirement to provide uniformity
for construction of wireless antennas on poles and towers.
With the input and technical guidance provided by the Consumer Protection and Safety
Division of the California Public Utilities Commission, Sprint PCS, Verizon Wireless, SBC,
Verizon California Incorporated, California Cable Television Association, Pacific Gas &
Electric, Southern California Edison, IBEW 1245, and San Diego Gas & Electric, this proposed
rule will fill the void and establish uniform construction standards in GO 95 that address the
issues of worker safety and system reliability.
All the parties involved in crafting this rule recognized the need to create a rule that
would allow any joint user to access their facility in a safe manner at any time throughout the
State. Years ago, the communication industry and power industry established appropriate
separation requirements between their facilities for the safety of communication workers.
Communication facilities have always attached their equipment below power facilities so that
communication workers would not be exposed to the potential hazard of electrical equipment
and to comply with OHSA work Rules for supply and communication workers, thus allowing
communication workers safe access to their communication facilities.
It is clearly evident that there are serious safety hazards associated with uncontrolled
exposure to RF signals that requires the exercise of safety precautions when working in
proximity to equipment that emits RF signals, as discussed in the Federal Communication
Commission, (Office of Engineering and Technology (OET) Bulletin 65 of the Federal
Communication Commission (FCC) Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio frequency Electromagnetic Fields) and OHSA.
B-54
SF/1099010v4 10/6/03
Recognizing how safe exposure levels (the safety risk is determined by exposure time)
are determined for trained wireless antenna workers and the fact that since 1990, wireless
antennas are now being installed on jointly used poles where Supply, Telecom, and CATV
workers perform their duties, it is incumbent upon joint pole users to establish a separation
distance between wireless antenna facilities and other joint pole facilities to promote worker
safety and prevent harmful exposure to RF signals. Furthermore, when trained personnel work
near or in proximity to wireless antenna equipment, the cell site should be shut down. The ability
to do so should be extended to all joint users of a facility where a cell site exists if they determine
that worker safety may be compromised.
The CPUC's ROW decision (D.98-10-058) acknowledges the need for safety
requirements and relegates the decision-making to the incumbent utilities for establishing for
safety standards for wireless attachment. The current OIR-R.01-10-001 for General Order 95
Rules is the process that the incumbent utilities have chosen to establish construction standards
for wireless antenna attachments that meet the safety and reliability objectives of GO 95.
It should be noted that nothing herein this proposed rule shall be construed as requiring
utilities to use poles jointly, or as granting authority for the use of any poles without the owner's
consent, or restricting the use of poles jointly. In addition utilities may still develop their own
standard for installing wireless antennas on poles which they maintain sole ownership. This rule,
however, establishes the minimum construction requirements for wireless antennas on joint
poles.
The addition of this rule in GO 95 recognizes the different technological and safety issues
of wireless antennas and will continue to promote safety of electrical and communication
B-55
SF/1099010v4 10/6/03
Proposed New Rule
GO 95 Rule 94 - ANTENNAS
94 ANTENNAS
Antennas attached to poles supporting Class T, C, L and H Circuits shall be constructed
according to the rules herein. The construction and clearance requirements for Class C
circuits shall be applied to antennas and their associated hardware, unless otherwise specified
in this rule.
Note: For the purpose of this rule "Antennas" are defined as devices commercially licensed by
the FCC to emit or receive radio frequency signals through the air. Antennas that are not
commercially licensed and are typically installed for the operation of supply systems (i.e. Scada
System, Remote Switching or Monitoring Systems), are not subject to the requirements of this
rule and need only meet the requirements of Rule 54.4 G. Rules 94.4 and 94.5 shall also apply
to poles, towers and other structures supporting supply voltages above 50 KV
94.1 Disconnect Switch
Communication Wireless antennas installed on Jointly Used Poles shall be equipped with a
disconnect switch that is accessible to and may be operated by any authorized user of the pole.
This switch will de-energize all sources of power, including battery backup and RF emission.
Except during emergency situations, the operation of this disconnect shall be by mutual
agreement if practicable.
94.2 Climbing Space
Antennas must meet the requirements of Rules 54.7 and 84.7.
94.3 Clearances
A. A "Cylinder of Proximity for Radio Frequency" (Cylinder) measured 4 ft. radially from the
surface of the pole in all directions, and extending vertically from 8 ft. above the ground line to
6 ft above the highest conductor, cable or messenger shall be established on poles supporting any
communication or supply conductors and antennas. Antennas shall be constructed with sufficient
clearances so that the Radio Frequency (RF) exposure within of the Cylinder shall not exceed
F.C.C. General Population/Uncontrolled MPE limits for the antenna's operating frequency. (See
figures 94 -1,2, & 3)
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SF/1099010v4 10/6/03
1. The limits for General Population/Uncontrolled Exposure shall be applied to
Communication and Supply workers not qualified to perform work associated with antenna
installation or maintenance.
2. The limits for Occupational / Controlled Exposure shall be applied to all workers qualified
to perform work associated with antenna installation or maintenance.
Note: General Population/Uncontrolled and Occupational / Controlled Exposure limits are
defined by the Office of Engineering and Technology (OET) Bulletin 65 of the Federal
Communication Commission (FCC) Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio frequency Electromagnetic Fields. The Office of Engineering and
Technology OET Bulletin 65 of the Federal Communication Commission (FCC) Evaluating
Compliance with the FCC Guideline for Human Exposure to Radio Frequency Electromagnetic
Fields also defines Maximum Permissible Exposure (MPE).
B. Antennas constructed below the top of the pole shall utilize an appropriate crossarm. (See Rule
49.2.) All clearances listed below shall begin at a distance of 1 ft. radially from the antenna, or, at a
distance equal to 100 percent of the MPE level for General Population / Controlled environment,
whichever is greater.
1. Vertical clearance from supply conductors 0 - 50kV: 6 ft.
2. Vertical clearance from communication facilities attached to the pole: 3 ft.
3. Vertical clearance from communication facilities attached to crossarms: 4 ft.
4. Clearances from communication facilities may be reduced to: 1ft., provided
a. The communication facilities maintain clearances in accordance to the current MPE
limits for Occupational / Controlled exposure, and
b. The communication facilities are installed and maintained by persons meeting the
requirements of Rule 94.3-A, and
c. By mutual agreement among the affected parties.
5. Radial clearance from all guys and associated guy hardware, and adjacent streetlight or
signal standards from an antenna attached to the face at the top of poles: 5 ft.
6. Radial clearance from streetlights and luminaires attached to the same pole: 5 ft.
7. Radial clearance from service drops (attached or unattached): 4 ft
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SF/1099010v4 10/6/03
C. Antennas attached to or supported by a communication facility (cable or messenger) shall
maintain a vertical separation from other communication cables of not less than 6 inches and
shall maintain a radial clearance of 6 ft. from unrelated splices and terminals.
94.4 Approach Distances
Workers meeting only the qualifications specified in 94.3-A (1) shall not encroach upon the posted
approach distances, however, this restriction does not apply when the antenna's transmission
capability has been terminated.
94.5 Notice Signs
A. Poles or arms supporting antennas shall be marked with "Notice Signs" (Signs). The word
"NOTICE" shall appear in bold white capital letters on a blue background. Additionally, the
words, "MAINTAIN A MINIMUM DISTANCE OF (*) FT. FROM THIS ANTENNA" shall
appear in bold black letters on a white background. The lettering shall be no less than ¾ in. in
height.
Note: (*) is the greater of the distance where 100 % of the MPE is not exceeded or a min. of
1 ft, or whichever is greater.
B. Signs shall state both Uncontrolled/General Population and Occupational/Controlled exposure
distances.
C. Signs shall be of weather and corrosion resisting material. The dimension of the signs shall not be
less than 3 ¾ inches in height and 14 inches in length.
D. Signs shall be placed the face and back of each arm supporting antennas at least 1ft. from the
respective antenna. Signs are not required on the inside faces of double arms.
E For antennas mounted to the face and at the top of poles, two signs meeting the requirements of
94.5-A, B and C shall be placed on two sides of the pole, 2 ft. above the highest conductors,
cables, messengers or guys and must be visible to utility workers accessing the pole.
94.6 Transitions
Grounds and cables connected to antennas and their associated equipment which transition vertically
through supply circuits shall be covered throughout their length by suitable protective covering. (See
Rules 22.2A and 84.6-D). All related non-dielectric equipment, and lines, shall be grounded,
isolated, or insulated.
B-58
SF/1099010v4 10/6/03
B-59
SF/1099010v4 10/6/03
TOP VIEW
FRONT VIEW
RF EXPOSURE WITHIN THE CYLINDER OF
PROXIMITY SHALL NOT EXCEED F.C.C.
GENERAL POPULATION/UNCONTROLLED
MPE LIMITS FOR THE ANTENNA'S
OPERATING FREQUENCY.
DIRECTIONAL ANTENNAS SHALL
FACE AWAY FROM THE
WORKING AND CLIMBING
SPACES OF COMMUNICATIONS
OR SUPPLY WORKERS.
B-60
SF/1099010v4 10/6/03
TOP VIEW
FRONT VIEW
DIRECTIONAL ANTENNAS SHALL
FACE AWAY FROM THE
WORKING AND CLIMBING
SPACES OF COMMUNICATIONS
OR SUPPLY WORKERS.
OMNI
OR
DIRECTIONAL
B-61
SF/1099010v4 10/6/03
Proposed Associated Rule
GO 95 Rule 20.0 Antennas
20.0 Antenna means a device for emitting or receiving radio frequency signals.
B-62
SF/1099010v4 10/6/03
(END OF APPENDIX A)
APPENDIX B
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE
STATE OF CALIFORNIA
Order Instituting Rulemaking To Revise Commission General Order Numbers 95 And 128. |
))) |
R.01-10-001 |
TELECOMMUNICATIONS AND ELECTRIC LINE RULEMAKING PLAN (TELRP) FOR COMMISSION REVIEW OF PROPOSED GENERAL ORDER 95 AND 128 RULE CHANGES AND FOR INTERIM DISPUTE RESOLUTION
VERSION B (WITHOUT REDLINE)
Supported by William Adams and CPSD
TELECOMMUNICATIONS AND ELECTRIC LINE RULEMAKING PLAN (TELRP) FOR COMMISSION REVIEW OF PROPOSED GENERAL ORDER 95 AND 128 RULE CHANGES AND FOR INTERIM DISPUTE RESOLUTION
TABLE OF CONTENTS
Section Title Page
I. INTRODUCTION 3
II.CONCEPTUAL FRAMEWORK 3
A. Rulemaking As The Proposed Forum For Periodic Rule Changes 4
1. Flexibility In Use Of Workshops And Other
Rulemaking Vehicles 52. Use Of A Rate Case Plan-like Triennial Schedule 5
B. Telecommunications and Electric Line Rulemaking Plan (TELRP) 6
C. Protocols For TELRP Workshops 11
D. Interim Resolution of Rule Interpretation Disputes 14
1. Interim Rule Interpretations at the CPSD Staff Level 14
APPENDIX RECOMMENDED PROTOCOLS FOR TELRP WORKSHOPS 16
TELECOMMUNICATIONS AND ELECTRIC LINE RULEMAKING PLAN (TELRP) FOR COMMISSION REVIEW OF PROPOSED GENERAL ORDER 95 AND 128 RULE CHANGES AND FOR INTERIM DISPUTE RESOLUTION
Introduction
Although their views on substantive matters diverge widely, the participants in the current General Order (GO) 95 and 128 workshops agree on the need for the California Public Utilities Commission (CPUC) to adopt a procedure for future proposed changes to GO 95 and 128 to be addressed in an open, streamlined and cyclic process. They also agree that proposed GO changes should be considered in a process which brings to bear the technical skill and field experience of the utilities, CPUC staff, and other stakeholders. The goal of such a process is to enable the CPUC to timely issue informed decisions on proposed rule changes.
The proposed procedure described in this document, if adopted by the Commission, would provide publicly-noticed discussion of proposed rule changes within a structured, yet reasonably flexible framework following a predetermined schedule based on a three-year cycle, and would enable issuance of a CPUC decision approximately one year following the initial filing of the proposed rule changes.
