AB 2987, the Digital Infrastructure and Video Competition Act of 2006, delegated a new responsibility to the Commission, providing that the Commission is the "sole franchising authority" for issuing state franchises to provide video service."75 To implement AB 2987, the Legislature assigned the following duties to the Commission: franchising (Section 5840), anti-discrimination (Section 5890), reporting (Sections 5920 and 5960), cross-dash subsidization prohibition (Sections 5940 and 5950), and regulatory fees (Sections 401, 440-444, and 5840).76
With respect to environmental review specifically, AB 2987 dictates that a local entity shall be the lead agency for any environmental review with respect to network construction, installation, and maintenance.77 Public Utilities Code Section 5820(b) provides, in relevant part that "[t]he local entity shall serve as the lead agency for any environmental review under this division and may impose conditions to mitigate environmental impacts of the applicant's use of the public rights-of-way that may be required pursuant to . . ." CEQA.78
We further observe that the facilities utilized to provide video service, and for which the franchise is granted and construction authorized by the relevant local entity, can also be used to provide broadband data and telecommunications services. Providing these three services offered over a single network and joint facilities is referred to as a "triple play." We tentatively conclude that the provision of telecommunications services over such facilities is incidental to the provision of video and broadband services.
We also tentatively conclude that we do not need to make a discretionary decision prior to the construction of facilities utilized to provide video service, even if the same facilities are used to provide telecommunications services. We seek comment on this tentative conclusion.
75 Pub. Util. Code, § 5840(a).
76 AB 2987 provides that the "holder of a state franchise shall not be deemed a public utility as a result of providing video service . . ." (Pub. Util. Code, § 5820(c).)
77 Pub. Util. Code, §§ 5820, 5885.
78 Pub. Util. Code, § 5820.