IV. Section 311 (g)(2) - Uncontested/decision
grants relief requested
This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Pub. Util. Code § 311(g)(2), the otherwise applicable 30-day period for public review and comment is being waived.
1. Altrio filed its application seeking a CPCN to provide competitive local exchange services in the territories of the large and mid-sized California incumbent local exchange carriers.
2. There are no protests to the application.
3. In D.99-10-025, the Commission found that further inquiry was required to resolve the CEQA issues raised by the filed comments of public agencies before full facilities-based authority could be considered for then-pending CLC petitions.
4. Prior Commission decisions authorized competition in providing local exchange telecommunications service within the service territories of Pacific, Verizon, RTC, and CTC for carriers meeting specified criteria.
5. Altrio has demonstrated that it has a minimum of $100,000 in cash or cash equivalent reasonably liquid and readily available to meet its start-up expenses.
6. Applicant's technical experience is demonstrated by supporting documentation which provides summary biographies of key management personnel.
7. By D.97-06-107, applicants for CLC authority are exempt from Rule 18(b).
8. Exemption from the provisions of Pub. Util. Code §§ 816-830 has been granted to other nondominant carriers. (See, e.g., D.86-10-007 and D.88-12-076.)
9. The transfer or encumbrance of property of nondominant carriers has been exempted from the requirements of Pub. Util. Code § 851 whenever such transfer or encumbrance serves to secure debt. (See D.85-11-044.)
10. Altrio's requests for limited facilities-based authority includes a request to engage in limited construction of facilities in the areas within the greater metropolitan Los Angeles area, that include: attaching fiber-optic and coaxial cable to existing utility poles and installing distribution nodes and optical-electrical interfaces; installing backup electric generators within existing utility easements; and installing new utility conduit within existing rights-of-way.
11. A PEA must be filed before the Commission can consider the expanded facilities-based authority requested by Altrio as described in the preceding finding of fact.
12. Applicant's provision of limited facilities-based local exchange telecommunications service limited only to the utilization of existing unbundled loops or electronic equipment and to the installation of equipment within existing buildings or structures would not have a significant effect on the environment.
1. Altrio has the financial ability to provide the proposed services, and has made a reasonable showing of technical expertise in telecommunications.
2. Public convenience and necessity require the competitive local exchange services to be offered by Altrio subject to the terms, conditions, and restrictions set forth below.
3. Altrio must submit a complete draft of its initial tariffs that complies with the requirements established by the Commission and that corrects any deficiencies identified in Appendix B and includes a prohibition on unreasonable deposit requirements.
4. Altrio is subject to:
a. The current 1.45% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the Universal Lifeline Telephone Service (Pub. Util. Code § 879; Resolution T-16435, December 21, 2000);
b. The current 0.00% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the California Relay Service and Communications Devices Fund (Pub. Util. Code § 2881; D.98-12-073 and Resolution T-16487, December 21, 2000);
c. The user fee provided in Pub. Util. Code §§ 431-435, which is 0.11% of gross intrastate revenue for the 2000-2001 fiscal year (Resolution M-4800);
d. The current surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the California High Cost Fund-A (Pub. Util. Code § 739.3; D.96-10-066, pp. 3-4, App. B, Rule 1.C; set by Resolution T-16521 at 0.200% June 14, 2001);
e. The current 2.6% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the California High Cost Fund-B (D.96-10-066, p. 191, App. B, Rule 6.F.; Resolution T-16430, September 21, 2000); and
f. The current 0.185% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the California Teleconnect Fund (D.96-10-066, p. 88, App. B, Rule 8.G; Resolution T-16437, September 21, 2000).
5. Applicant should be exempted from Rule 18(b).
6. Applicant should be exempted from Pub. Util. Code §§ 816-830.
7. Applicant should be exempted from Pub. Util. Code § 851 when the transfer or encumbrance serves to secure debt.
8. Applicant should be granted a CPCN for local exchange resale service and limited facilities-based service utilizing UNEs and equipment installed within existing buildings or structures subject to the terms, conditions, and restrictions set forth in the order below.
9. As long as construction authority is limited to installing equipment within existing buildings or structures, it can be seen with certainty that there is no possibility that granting this CPCN will have an adverse effect upon the environment.
IT IS ORDERED that:
1. A certificate of public convenience and necessity (CPCN) shall be granted to Altrio Communications, Inc. (Altrio or Applicant) to provide competitive local exchange telecommunications services utilizing resale of other carriers' services or unbundled network elements and equipment installed solely within existing buildings or structures within the service territories of Pacific Bell Telephone Company, Verizon California, Inc., Citizens Telephone Company, and Roseville Telephone Company, and statewide interexchange service contingent on compliance with the terms identified in this order.
2. Applicant shall file a written acceptance of the certificate granted in this proceeding prior to commencing service.
3. Applicant shall correct the outstanding tariff deficiencies identified in Appendix B prior to being authorized to begin service.
4. a. Applicant is authorized to file with this Commission tariff schedules (incorporating Appendix B corrections) for the provision of competitive local exchange, services, as described in Ordering Paragraph 1. The Applicant may not offer these services until tariffs are on file, and until any applicable deficiencies have been corrected. Applicant's initial filing shall be made in accordance with General Order (GO) 96-A, excluding Sections IV, V, and VI, and shall be effective not less than one day after approval by the Telecommunications Division.
b. Applicant is a competitive local carrier (CLC). The effectiveness of each of its future tariffs is subject to the schedules set forth in Decision (D.) 95-07,054, Appendix A, § 4E:
A. "E. CLCs shall be subject to the following tariff and contract-filing, revision and service-pricing standards:
"(1) Uniform rate reductions for existing tariff services shall become effective on five (5) working days' notice to the Commission. Customer notification is not required for rate decreases.
"(2) Uniform major rate increases for existing tariff services shall become effective on thirty (30) days' notice to the Commission, and shall require bill inserts, or a message on the bill itself, or first class mail notice to customers at least 30 days in advance of the pending rate increase.
"(3) Uniform minor rate increase, as defined in D.95-07-054, shall become effective on not less than five (5) working days' notice to the Commission. Customer notification is not required for such minor rate increase.
"(4) Advice letter filing for new services and for all other types of tariff revisions, except changes in text not affecting rates or relocations of text in the tariff schedules, shall become effective on forty (40) days' notice to the Commission.
"(5) Advice letter filings revising the text or location of text material which do not result in an increase in any rate or charge shall become effective on not less than five (5) days' notice to the Commission.
"(6) Contracts shall be subject to GO 96-A rules for NDIECs, except interconnection contracts.
"(7) CLCs shall file tariffs in accordance with PU Code Section 876."
5. Applicant may deviate from the following provisions of GO 96-A: (a) paragraph II.C.(1)(b), which requires consecutive sheet numbering and prohibits the reuse of sheet numbers, and (b) paragraph II.C.(4), which requires that "a separate sheet or series of sheets should be used for each rule." Tariff filings incorporating these deviations shall be subject to the approval of the Commission's Telecommunications Division. Tariff filings shall reflect all fees and surcharges to which Applicant is subject, as described in Conclusion of Law 4. Applicant is also exempt from GO 96-A Section III.G.(1) and (2), which require service of advice letters on competing and adjacent utilities, unless such utilities have specifically requested such service.
6. Applicant shall file as part of its initial tariffs, after the effective date of this order and consistent with Ordering Paragraph 3, a service area map.
7. Prior to initiating service, Applicant shall provide the Commission's Consumer Services Division with Applicant's designated contact persons for purposes of resolving consumer complaints and the corresponding telephone numbers. This information shall be updated if the names or telephone numbers change or at least annually.
8. Applicant shall notify this Commission in writing of the date local exchange service is first rendered to the public within five days after service begins. The same procedure shall be followed for the authorized intraLATA and interLATA services, where applicable. Applicant shall also notify the Commission in writing if it intends to offer voice-grade dial-tone service.
9. Applicant shall keep its books and records in accordance with generally accepted accounting principles.
10. Applicant shall each file an annual report, in compliance with GO 104-A, on a calendar-year basis using the information-request form developed by the Commission Staff and contained in Appendix A.
11. Applicant shall ensure that its employees comply with the provisions of Pub. Util. Code § 2889.5 regarding solicitation of customers.
12. The certificate granted and the authority to render service under the rates, charges, and rules authorized will expire if not exercised within 12 months after the effective date of this order.
13. The corporate identification number assigned to Applicant is U-6556-C which, shall be included in the caption of all original filings with this Commission, and in the titles of other pleadings filed in existing cases.
14. Within 60 days of the effective date of this order, Applicant shall comply with Pub. Util. Code § 708, Employee Identification Cards, reflecting its authority, and notify the Director of the Telecommunications Division in writing of its compliance.
15. Applicant is exempted from the provisions of Pub. Util. Code §§ 816-830.
16. Applicant is exempted from Pub. Util. Code § 851 for the transfer or encumbrance of property, whenever such transfer or encumbrance serves to secure debt.
17. If Applicant is 90 days or more late in filing an annual report or in remitting the fees listed in Conclusion of Law 4, the Telecommunications Division shall prepare for Commission consideration a resolution that revokes that petitioner's CPCN, unless it has received written permission from the Telecommunications Division to file or remit late.
18. It can be seen with certainty that no material adverse environmental impacts will result from the limited CPCN authority granted in this order.
19. Applicant shall comply with all applicable rules adopted in the Local Exchange Competition proceeding (R.95-04-043, I.95-04-044), the Commission's rules and regulations for NDIECs set forth in D.93-05-010 and D.90-08-032, as well as all other applicable Commission rules, decisions, General Orders, and statutes that pertain to California public utilities, subject to the exemptions granted in this decision.
20. The application of Altrio is granted only to the extent as set forth above.
21. Application 00-10-044 shall remain open for further consideration of Altrio's request for additional facilities-based authority.
This order is effective today.
Dated July 12, 2001, at San Francisco, California.
LORETTA M. LYNCH
President
HENRY M. DUQUE
RICHARD A. BILAS
CARL W. WOOD
GEOFFREY F. BROWN
Commissioners
TO: ALL COMPETITIVE LOCAL CARRIERS AND INTEREXCHANGE
TELEPHONE UTILITIES
Article 5 of the Public Utilities Code grants authority to the California Public Utilities Commission to require all public utilities doing business in California to file reports as specified by the Commission on the utilities' California operations.
A specific annual report form has not yet been prescribed for the California interexchange telephone utilities. However, you are hereby directed to submit an original and two copies of the information requested in Attachment A no later than March 31st of the year following the calendar year for which the annual report is submitted.
Address your report to:
California Public Utilities Commission
Auditing and Compliance Branch, Room 3251
505 Van Ness Avenue
San Francisco, CA 94102-3298
Failure to file this information on time may result in a penalty as provided for in §§ 2107 and 2108 of the Public Utilities Code.
If you have any question concerning this matter, please call (415) 703-1961.
APPENDIX A
Information Requested of California Competitive Local Carriers and Interexchange Telephone Utilities.
To be filed with the California Public Utilities Commission, 505 Van Ness Avenue, Room 3251, San Francisco, CA 94102-3298, no later than March 31st of the year following the calendar year for which the annual report is submitted.
1. Exact legal name and U # of reporting utility.
2. Address.
3. Name, title, address, and telephone number of the person to be contacted concerning the reported information.
4. Name and title of the officer having custody of the general books of account and the address of the office where such books are kept.
5. Type of organization (e.g., corporation, partnership, sole proprietorship, etc.).
If incorporated, specify:
a. Date of filing articles of incorporation with the Secretary of State.
b. State in which incorporated.
6. Commission decision number granting operating authority and the date of that decision.
7. Date operations were begun.
8. Description of other business activities in which the utility is engaged.
9. A list of all affiliated companies and their relationship to the utility. State if affiliate is a:
a. Regulated public utility.
b. Publicly held corporation.
10. Balance sheet as of December 31st of the year for which information is submitted.
11. Income statement for California operations for the calendar year for which information is submitted.
(END OF APPENDIX A)
APPENDIX B
Page 1
List of deficiencies in tariffs filed by Altrio Communications, Inc. in A. 00-10-044 to be corrected in Tariff Compliance filing.
1. Modify the top right-hand corner of every tariff sheet to concur with G.O. 96-A. Refer to G.O. 96-A page 4 and Exhibit A-1.
2. Every tariff sheet should be ruled showing a rectangular space approximately 7 inches wide and 8 ¾ inches long so as to leave a margin of approximately 1 1/8 inches at the top and bottom of the sheet and a binding margin of at least 1 1/8 inches at the left of the sheet. Refer to G.O. 96-A page 4 and Exhibit A-1.
3. All competitive local rates and services are to be included under the Schedule Cal. P.U.C No. 1-T. Local exchange and inter-exchange rates and services cannot be in the same schedule. The CLC needs to provide in the tariff separate schedules for these services and rates. Use Schedule 2-T for inter-exchange rates and services.
4. On Schedule 1-T title sheet, remove words that reference to inter-exchange services.
5. Sheet 12, Rule 2.1.1.1: State in the tariff that CLC intends to provide both residential and business services.
6. Sheet 13, Rule 2.1.1.3(B): Incomplete rule on Application for Service. Include Rule 2 of Appendix B of D. 95-07-054 into the CLC tariff.
7. Sheet 16, Rule 2.1.1.5: Incomplete rule on Notices. Include Rule 6 of Appendix B of D.95-07-054 into the CLC tariff.
8. Sheet 27, Rule 2.1.5.1: State in the tariff that CLC cannot require advance payments for usage.
9. Sheet 28, Rule 2.1.5.2(A): Modify the last sentence as follows: "Deposits shall be no greater than twice the estimated average monthly bill for the class of service applied for. In the event a customer requests services in addition to basic service, the average bill will reflect the aggregate services requested by the customer." Refer to Rule 5 of Appendix B of D.95-07-054.
10. Sheet 29, Rule 2.1.6.2: State in the tariff that the late payment date will be displayed prominently on the customer's bill, and that CLC shall credit payments within 24 hours of receipt to avoid assessing late payment charges incorrectly. Refer to Rule 9 of Appendix B of D.95-07-054.
APPENDIX B
Page 2
11. Sheet 30, Rule 2.1.6.2(G): Any objections to billed charges can be reported within 3 years after receipt of bill, not 90 days. Refer to PU Code section 736.
12. Sheet 30, Rule 2.1.6.2(H): Include Rule 3B from Appendix B of D.95-07-054 into the CLC tariff.
13. Sheet 31-32, Rule 2.1.6: Remove the words "without incurring any liability" from rule 2.1.6.3(A) and (G) from the tariff. CLC must concur with Pacific or GTEC's Limitation of Liability tariffs as appended to D. 95-12-057.
14. Sheet 31, Rule 2.1.6.3: Incomplete rule on Discontinuation of service. Include Rule 10 of Appendix B of D.95-07-054 into the CLC tariff.
15. Sheet 34, Rule 2.1.6.8: Incomplete rule on Establishment and Re-establishment of Credit. Include Rule 4 of Appendix B of D.95-07-054 into the CLC tariff.
16. Sheet 35, Rule 2.1.7.1: Replace the Credit for Interruptions Rule from the CLC tariff with Pacific or GTEC's Limitation of Liability tariffs regarding credit for service interruptions. Refer to D.95-12-057.
17. Sheet 44, 2.1.14: Include the following corrected surcharges:
Effective 01/01/01
ULTS 0.800%
CTF 0.185%
18. Sheet 51, Rule 2.1.18: Include the rates and charges for ULTS:
Establishment $9.50
Flat Rate 5.34
Measured Rate 2.85
19. Include Rule 8 and 15 of Appendix B of D. 95-07-054 into the CLC tariff.
20. Include rule on how telephone directories will be provisioned to residential and business customers.
21. CPUC Decision No. 91188 in Case No. 4930 requires that each CLC include the provisions of the rule set forth in Appendix B of that decision as a part of the rules in the CLC's tariff.
APPENDIX B
Page 3
22. CPUC Decision No. 92860 and No. 93361, in Case No. 10206 requires that each CLC include the provisions of the rule set forth in Appendix A of that decision as a part of the rules in the CLC's tariff.
23. Include actual sample forms in the CLC tariff.
24. Remove the Los Angeles Consumers Affairs Branch address on page 30.
25. CLC must state concurrence with Pacific, GTEC, Roseville or Citizen's boundaries, or file its own service area map.
26. Tariff must be available for inspection at an office in California.
27. Basic Service will not be disconnected for non-payment of anything other than residential and single line business, Flat Rate and/or Measured Rate Service as defined in D.96-10-066, Appendix B, page 5. Refer to D.00-03-020.
(END OF APPENDIX B)
