2. Background
On July 24, 1998, the Commission issued D.98-07-108, granting MFNS a CPCN to provide interLATA and intraLATA services in California.3 Because it is a non-dominant interexchange carrier, MFNS was eligible for and used the Commission's registration process to obtain its CPCN.4 MFNS did not seek CEQA review as part of this process.
MFNS commenced construction of its fiber optic network without CEQA review. After being notified by Commission staff that such review was a required prerequisite to construction, MFNS stopped work on the installation. The Commission also served MFNS with a Stop Work Order. While the Commission staff has allowed MFNS to continue with limited work on the Project, most work was stopped late in 1999.
On February 25, 2000, MFNS applied for modification of its CPCN to include CEQA review of the Project.5 MFNS also submitted a two-volume Proponent's Environmental Assessment (PEA), which evaluated the potential environmental impact of the Project. The findings of the PEA indicate that if proper mitigation measures are in place, the Project will not create significant adverse effects on the environment. There were no protests to the Application.
Meanwhile, the Commission's environmental staff, with the help of environmental consultant SAIC, Inc., conducted on-site inspections and reviewed MFNS' PEA. On June 20, 2000, staff issued for comment a Draft Initial Study and Mitigated Negative Declaration (Draft Mitigated Negative Declaration) in compliance with CEQA and Rule 17.1(f) of the Commission's Rules of Practice and Procedure.
MFNS complied with the community notification requirements of Rule 17.1(f)(1)(A) of the Commission's Rules. On July 21, 2000, MFNS made a compliance filing stating that it had mailed in excess of 64,000 notices to owners of real property adjacent to the running line of the proposed construction. MFNS also caused notice of the Draft Mitigated Negative Declaration to be published twice in 13 general circulation newspapers. Finally, approximately 140 copies of the Draft Mitigated Negative Declaration were distributed for review to libraries, county planning departments and other municipal offices.
Comments were due no later than July 20, 2000. The Commission received comment letters from seven public agencies and two private citizens, plus one comment letter from MFNS. These comments were reviewed by the environmental staff and written responses were included in the Final Initial Study and Mitigated Negative Declaration, which was issued on August 9, 2000.
3 California is divided into 10 Local Access and Transport Areas (LATA) of various sizes, each containing numerous local telephone exchanges. "InterLATA" describes services, revenues, and functions that relate to telecommunications originating in one LATA and terminating in another. "IntraLATA" describes services, revenues, and functions that relate to telecommunications originating and terminating within a single LATA. 4 Application (A.) 98-06-034 (filed June 17, 1998). 5 MFNS supplemented its Application, and filed an erratum to it, on March 24, 2000.
