We seek parties comment on the following issues. We specifically request parties to separate comments on legal requirements of CEQA from any discussion of what CEQA policy the Commission should adopt.
1. How can we best comply with CEQA while maximizing the benefits deployment of advanced telecommunications facilities bring to this State? Parties are directed to develop proposals for how the Commission can comply with CEQA requirements and to comment on how these proposals are consistent with California's clearly articulated policy favoring the deployment of advanced telecommunications services.
2. Does CEQA require review of network expansions by telecommunications carriers under our jurisdiction that already have Commission authority to serve the entire state or a specific service territory? We also request parties to provide us with a legal basis for their conclusions.
3. Could a multi-level system of CEQA review, such as the one set forth for electric utilities in GO 131-D, be developed for application to the telecommunications industry? We request parties to provide concrete definitions of the various proposed levels and to compare the extent of construction of various types of telecommunications projects with the type of distribution-level construction done by electric utilities for which no CEQA review is required.
4. Would it be appropriate to use the process developed GO 159-A, and the specific procedures in these rules for wireless carriers, in our application of CEQA to other telecommunications utilities under our jurisdiction?
5. Do any of the statutory or categorical exemptions set forth in CEQA and the CEQA Guidelines apply to projects by telecommunications carriers under our jurisdiction?
6. Should we submit a request for a categorical exemption for certain types of actions by telecommunications carriers under our jurisdiction to the Office of Planning and Research? If so, what should be the scope of the recommendation to the Office of Planning and Research?
7. Should we seek legislative relief from the current requirements of CEQA, perhaps in the form of a statutory exemption? We ask parties to comment on what type of legislative action would (1) provide the needed streamlining, (2) allow us to ensure compliance with CEQA and protection of the environment, (3) advance the goals of supporting deployment of advanced telecommunications, including broadband, technologies and (4) promote widespread and vigorous competition.
8. Should we consider using the Program EIR and/or the Master EIR for CEQA review for telecommunications carriers? Commenting parties should make any distinctions they deem appropriate as to whether there are certain policies and programs that they believe are appropriate for a Program and/or Master EIR, and other policies and programs that they deem not suitable for a Program and/or Master EIR.
9. Should we conclude that (a) the provision of telecommunications service over video service and broadband facilities is incidental to the provision of video service and broadband service and (b) we do not need to issue a discretionary decision prior to the construction of facilities also utilized to provide telecommunications services?