2. Background

In D.99-10-062, Williams was granted authority to operate as a facilities-based interexchange carrier using fiber optic cable facilities that it would erect or install on existing structures. We also approved a mitigated negative declaration prepared by our staff pursuant to the California Environmental Quality Act (CEQA), Pub. Resources Code §§ 21000, et seq.

After the issuance of D.99-10-062, Williams filed petitions to modify the decision on two separate occasions. The petitions sought Commission environmental review pursuant to CEQA for (1) modifications to portions of one of the routes approved earlier, and (2) addition of fiber optic facilities between the cities of Riverside and San Diego. For both projects, potential significant environmental impacts were identified and, as before, revisions that would avoid or mitigate the impacts to a less than significant level had been directed by our staff and agreed to by applicant.

The two petitions for modification, along with mitigated negative declarations, were approved by the Commission in D.00-06-035 and D.00-08-017. These two decisions also addressed the scope of Williams' existing authority. While Williams originally believed that its existing authority included the five regeneration sites that are the subject of this application, the company on the advice of our environmental staff agreed to seek this further approval.