GFB/GEW/sid 6/7/2005

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking to Revise Commission General Order Number 95 Pursuant to D.05-01-030.

Rulemaking 05-02-023 (Filed February 24, 2005)

SCOPING MEMO AND RULING OF ASSIGNED COMMISSIONER

Following a Prehearing Conference (PHC) on May 24, 2005, and pursuant to Rule 6(c)(2) and 6.3 of the Rules of Practice and Procedure, this Scoping Memo and Ruling confirms the category for this proceeding and discusses the issues, scope and schedule for this rulemaking proceeding.

1. Summary

Pursuant to Rulemaking (R.) 05-02-023, this proceeding considers whether to add Proposed Rule 94 to General Order (GO) 95. Proposed Rule 94 is identical to Proposed Rule Change (PRC) 26 considered in R.01-10-001. PRC 26 was not adopted in that proceeding. (See Decision 05-02-023.) Instead, the Commission ordered further proceedings to deal with objections to the new rule. PRC 26 and Proposed Rule 94 purport to establish uniform construction standards for attaching wireless antennas to jointly used poles and towers in this state.