COM/JB2/sid Mailed 10/11/2006
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Order Instituting Rulemaking on the Commission's own motion into the application of the California Environmental Quality Act to applications of jurisdictional telecommunications utilities for authority to offer service and construct facilities. |
FILED PUBLIC UTILITIES COMMISSION OCTOBER 5, 2006 SAN FRANCISCO, CALIFORNIA RULEMAKING 06-10-006 |
ORDER INSTITUTING RULEMAKING
TABLE OF CONTENTS
Title Page
ORDER INSTITUTING RULEMAKING 2
I. Summary 2
II. CEQA 4
III. Background. 10
IV. Promoting the Development of an Advanced Telecommunications Infrastructure 15
V. Encouraging and Promoting Competition 19
VI. Policy Options for Consideration 20
A. Multi-Level Review and Approval of Utility Projects 20
B. Local Review, Siting and Construction Authority 22
C. Statutory or Categorical Exemption 25
D. Program and Master EIRs 30
VII. CEQA Review Pertaining to Video Franchising 34
VIII. Request for Comment 35
IX. Scoping Memo 37
X. Procedural Schedule 38
XI. Resolution of R.00-02-003 39
This rulemaking seeks to develop and implement changes to the Commission's application of the California Environmental Quality Act (CEQA) to telecommunications utilities under our jurisdiction. The objective is to develop rules and policies that will (1) ensure that the Commission's practices comply with the current requirements and policies of CEQA, (2) promote the development of an advanced telecommunications infrastructure, particularly with regard to facilities that provide broadband capabilities, and (3) make certain that the application of CEQA in the area of telecommunications does not cause undue harm to competition, particularly intermodal competition.
It is our intent to develop rules and policies that will provide certainty that the Commission's application of CEQA is workable for, and recognizes the unique characteristics of, the telecommunications industry. The State's telecommunications infrastructure is vital to its economy and plays an increasingly important role in the social fabric of our communities. Broad availability of state-of-the-art telecommunications technologies has been a longstanding objective of this Commission and a clear policy preference of the Legislature, even as technological innovation has rapidly redefined what is considered "state-of-the-art." The competitive nature of the telecommunications market has brought important benefits to consumers in the State, and both federal and state policy support a competitive telecommunications marketplace.
On February 3, 2000, the Commission initiated Rulemaking (R.) 00-02-003 to reform our CEQA policies with regard to telecommunications carriers under our jurisdiction. This proceeding, despite being open over five and a half years, has not resulted in any new policies or rules.1 While awaiting Commission action and the promulgation of rules in this rulemaking, potential entrants to the telecommunications markets have not had clear rules or guidelines to assist them as they seek Commission approval of their applications. Perhaps more troubling, the Commission itself has not had the benefit of clear procedures to guide its application of CEQA when presented with an application from a potential entrant.
Until the Commission establishes a clearly articulated and workable approach to the application of CEQA to telecommunications carriers under our jurisdiction, we will have uncertainty. Specifically, we are concerned that uncertainty has deterred investment in our State's critical telecommunications infrastructure and hindered the deployment of advanced telecommunications networks. This rulemaking seeks to end that uncertainly by developing clear, pragmatic and effective policies, programs and requirements for complying with the Commission's obligations under CEQA.
1 Comments were filed in R.00-02-003 between March and July of 2000, and the assigned administrative law judge (ALJ) and Commission staff carefully reviewed these filings. However, this proceeding essentially lay dormant from 2001 until it was reassigned to Commission Brown in 2005. On August 24, 2006, the Commission rejected a proposed decision in this proceeding.