5. Preliminary Scoping Memo

This proceeding will be conducted in accordance with Article 7 of the Commission's Rules of Practice and Procedure. Pursuant to Rule 7.3, this order includes a preliminary scoping memo as set forth below. Pursuant to Rule 7.1(d), we preliminarily determine the category of this proceeding to be quasi-legislative as the term is defined in Rule 1.3(d).

Hearings may be required to examine factual issues regarding the amount, type and usage of copper telecommunications facilities in the field; the extent of removals or retirement; the extent to which facilities that are removed may be replaced; the cost to maintain existing facilities; who should bear such cost; and related matters. In Appendix A of this order, we provide a more abbreviated summary of the issues to be addressed. In Appendix B we include the CALTEL proposal. In commenting on the issues, parties should organize their comments in the order of questions presented in Appendix A. Any party who believes that a hearing is required in this rulemaking should, in its comments, identify and describe (1) material issues of fact and (2) the evidence the party proposes to introduce at the requested hearing.

Other parties will have the opportunity to comment on the necessity of hearings, and we may re-evaluate both the categorization and need for hearings after review of the comments.

Comments on the matters raised in this OIR and Appendix A will be due on or before 60 calendar days after the date of issuance of this OIR. Reply comments will be due on or before 30 calendar days after the date for filing initial comments. Any party filing comments shall also indicate any objections regarding (1) the determination that there may be a need for hearings, and (2) the preliminary scope and timetable for this proceeding as described in this order. Parties should also include any proposed adjustments to the schedule and scope we propose here. We anticipate that the assigned Commissioner and ALJ will set other dates, with the goal of concluding this proceeding within 18 months.

5.1. Service List for the Proceeding

This order shall be served on the service lists that received the original Petition 07-07-009. A new service list will thereafter be created for the proceeding pursuant to the following process. CALTEL and other parties that filed responses and/or replies to the petition shall be added to the service list as parties.

Any additional person or entity not on the service list but who is interested in becoming a party should send a request to the Commission in accordance with the procedure set forth in the Ordering Paragraphs below.

Individuals or entities seeking only to monitor the proceeding, but not to participate as active parties, should contact the Commission's Process Office, 505 Van Ness Avenue, San Francisco, California, 94102 either by letter or by e-mail to: process_office@cpuc.ca.gov, asking to be placed on the "Information Only" section of the service list. The official service list will be posted on the Commission's web site, www.cpuc.ca.gov, as soon as possible.

Persons on the service list should notify the Process Office of any subsequent address changes or if they wish to be removed from the list. Any other problems or questions about the service list after it is posted on the Commission's web site should be brought to the attention of the assigned ALJ. The service list will be updated in accordance with the described procedures, consistent with Rule 2.3.

Any person interested in participating in this proceeding who is unfamiliar with the Commission's procedures should contact the Commission's Public Advisor's Office in Los Angeles at (213) 576-7055, (866) 849-8390 (toll free) or in San Francisco at (415) 703-2074, (866) 849-8390 (toll free), or (866) 836-7825 (TTY), or send an e-mail to public.advisor@cpuc.ca.gov.

There are different types of documents participants may prepare in this proceeding. Each type of document involves different obligations with respect to filing and service. Parties must file certain documents as required by the Rules or in response to rulings by the assigned Commissioner and/or the ALJ. All formally filed documents must be filed with the Commission's Docket Office and served on the service list for the proceeding. Article 1 of the Rules contains the Commission's filing requirements. Resolution ALJ-188 sets forth the interim rules for electronic filing, which replaces only the filing requirements, not the service requirements. Parties are encouraged to file electronically whenever possible as it speeds processing of the filings and allows them to be posted on the Commission's website. More information about electronic filing is available at http://www.cpuc.ca.gov/efile/static.htm.

Other documents, including prepared testimony, if any, are served on the service list but not filed with the Docket Office. We will follow the electronic service protocols adopted by the Commission in Rule 1.10 of the Commission's Rules for all documents, whether formally filed or just served. This Rule provides for electronic service of documents, in a searchable format, unless the appearance or state service list member did not provide an e-mail address. If no e-mail address was provided, service should be made by United States mail. In this proceeding, e-mail service shall be made concurrently on ALL persons on the service list for whom an e-mail address is available, including those listed under "Information Only." Parties are expected to provide paper copies of served documents upon request.

Any e-mail communications about this proceeding should include the docket number and a brief description of the topic of the communication in the subject line. Paper format copies, in addition to electronic copies, shall be served on the assigned Commissioner and the ALJ.

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