ALJ/SRT/avs Date of Issuance 1/14/2008
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Petition of the California Association of Competitive Telecommunications Companies Pursuant to Public Utilities Code Section 1708.5 to Adopt, Amend, or Repeal Regulations Governing the Retirement by Incumbent Local Exchange Carriers of Copper Loops and Related Facilities Used to Provide Telecommunications Services. |
Petition 07-07-009 (Filed July 12, 2007) |
Rulemaking Regarding Whether to Adopt, Amend, or Repeal Regulations Governing the Retirement by Incumbent Local Exchange Carriers of Copper Loops and Related Facilities Used to Provide Telecommunications Services. |
FILED PUBLIC UTILITIES COMMISSION JANUARY 10, 2008 |
TABLE OF CONTENTS
Title Page
ORDER GRANTING PETITION FOR RULEMAKING AND INSTITUTING RULEMAKING AS TO WHETHER TO ADOPT, AMEND OR REPEAL REGULATIONS GOVERNING THE RETIREMENT BY INCUMBENT LOCAL EXCHANGE CARRIERS OF COPPER LOOPS AND RELATED FACILITIES USED TO PROVIDE TELECOMMUNICATIONS SERVICES 22
4.1. We Are Not Preempted From Acting 1010
4.2. Commission Rule 6.3(F) Does Not Bar This Rulemaking 1212
4.3. Issues to Be Considered 1313
5. Preliminary Scoping Memo 1414
5.1. Service List for the Proceeding 1515
5.2. Requirements for the Filing and Service of Documents 1616
6. Ex Parte Communications 1717
Appendix A - Preliminary Scope of Issues to be Addressed in this Rulemaking
Appendix B - CALTEL's Proposed Rules Governing the Retirement of Copper Facilities
Appendix C - List of Incumbent Local Exchange Carriers and Competitive Local Exchange Carriers
ORDER GRANTING PETITION FOR RULEMAKING AND INSTITUTING RULEMAKING AS TO WHETHER TO ADOPT, AMEND OR REPEAL REGULATIONS GOVERNING THE RETIREMENT BY INCUMBENT LOCAL EXCHANGE CARRIERS OF COPPER LOOPS AND RELATED FACILITIES USED TO PROVIDE TELECOMMUNICATIONS SERVICES
1. Summary
By this order, we grant the California Association of Competitive Telecommunications Companies (CALTEL) petition, captioned above, subject to the scope and schedule outlined herein. CALTEL asks the Commission to open a proceeding to consider whether we should adopt substantive or procedural rules related to local telephone carriers' retirement of copper telephone wiring.
Copper wiring has been used in telephone networks across the country for more than 100 years, but as fiber optic cable becomes more widely used, competitive local exchange companies (CLECs) and consumer groups raise questions about whether this Commission should impose rules to preserve those facilities in the interests of facilitating competition. We are concerned here with examining incumbent local exchange companies' (ILECs') permanent removal or retirement of copper facilities in the "local loop," located between the ILECs' central offices and customers' homes and businesses.1
Our goal in this proceeding is first to determine whether this Commission can or should impose rules governing such permanent removal or retirement of copper facilities in the local loop. If we determine such rules are appropriate, we will examine whether they should be procedural or substantive or both. Procedural rules might require ILECs to give notice of removal via an informational filing with the Commission, and afford those receiving notice the opportunity to take certain action in response by a certain time period. Such rules would not, however, prohibit ILECs from permanently removing or retiring copper plant altogether.
We may, on the other hand, decide that maintenance of the current copper network is essential to ensure adequate access to emergency services particularly during an electrical power outage as well as to ensure adequate access to and competition in the market for high speed communications services. If such a path was taken, our rules might prohibit, in some circumstances, permanent removal of copper loops. In such a scenario however, we may also need to determine who would bear the costs of maintaining the copper plant if ILECs no longer need it to serve their own customers due to replacement by fiber.
This rulemaking is not intended to second guess the Federal Communications Commission's (FCC) decision that ILECs need not share fiber optic local loops and related facilities with CLECs. The FCC has determined that ILECs need not provide CLECs unbundled access to any portion of their fiber optic facilities, because CLECs are not impaired in their access to such facilities2 except with respect to narrowband, voice-grade services.3
1 As noted below, we include in our definition of the local loop the "drop" line that attaches underground or overhead telephone facilities to individual customer premises.
2 A CLEC is "impaired" in its access to parts of the ILEC network when lack of access to that part of the network poses a barrier or barriers to entry, including operational and economic barriers, which are likely to make entry into a market uneconomic.
3 ILECs do sell special access services out of their tariffs to CLECs. This rulemaking does not involve such services.
