4. Streamlining Section 851 via the Advice Letter Process

The consensus among the Parties was that the Commission should use the formal Advice Letter process to streamline Section 851 proceedings for transactions that are deminimus, unchallenged, and either do not involve CEQA or involve CEQA at the local level. Some parties suggested that this process would be very similar to the process currently used by Non-Dominant Inter-Exchange Carriers (D.94-05-051) and Competitive Local Exchange Carriers
(D.98-07-094) to seek approval for leasing arrangements by Advice Letter. The consensus was also that such transactions should be allowed initially as licenses under GO 69-C, and that they then be allowed to convert to leases via the Advice Letter process. Parties agreed that the license-to-lease mechanism is a "bridge that works." Some Parties indicated that the utilities need the flexibility provided by establishing a single agreement with a third party (such as a Master Agreement) that allows the license-to-lease option, especially in cases where the activity involves multiple, serial installations of small devices or equipment. One Party indicated that a separate GO should be established to process office leasing by Advice Letter.