STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

December 5, 2003 Agenda ID #3059

TO: PARTIES OF RECORD IN APPLICATION 02-10-029

This is the draft decision of Administrative Law Judge (ALJ) Vieth. It will not appear on the Commission's agenda for at least 30 days after the date it is mailed. The Commission may act then, or it may postpone action until later.

When the Commission acts on the draft decision, it may adopt all or part of it as written, amend or modify it, or set it aside and prepare its own decision. Only when the Commission acts does the decision become binding on the parties.

Parties to the proceeding may file comments on the draft decision as provided in Article 19 of the Commission's "Rules of Practice and Procedure." These rules are accessible on the Commission's website at http://www.cpuc.ca.gov. Pursuant to Rule 77.3 opening comments shall not exceed 15 pages. Finally, comments must be served separately on the ALJ and the assigned Commissioner, and for that purpose I suggest hand delivery, overnight mail, or other expeditious method of service.

/s/ ANGELA K. MINKIN

Angela K. Minkin, Chief

Administrative Law Judge

ANG:tcg

Attachment

ALJ/XJV/tcg DRAFT Agenda ID #3059

Ratesetting

Decision DRAFT DECISION OF ALJ VIETH (Mailed 12/5/2003)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Application of SOUTHERN CALIFORNIA EDISON COMPANY (U 338-E) for Authority to Lease Communication Facility Sites and Antenna Equipment Locations to Los Angeles SMSA Limited Partnership, Oxnard-Ventura-Simi Limited Partnership and GTE Mobilnet of Santa Barbara Limited Partnership, individually and collectively doing business as Verizon Wireless.

Application 02-10-029 (Filed October 18, 2002)

OPINION APPROVING LEASE AGREEMENTS

A. Summary

In this unopposed application, Southern California Edison Company (Edison) asks the Commission to approve under Pub. Util. Code § 851¹ two master agreements and associated standard agreements, and ten stand-alone agreements, by which Edison proposes to lease either excess space at communication facility sites or locations for the attachment of antennas or antenna equipment to Los Angeles SMSA Limited Partnership, Oxnard-Ventura-Simi Limited Partnership and GTE Mobilnet of Santa Barbara Limited Partnership, individually and collectively doing business as Verizon Wireless (Verizon Wireless). The two master agreements, and the amendments to them, set forth a framework for these licenses/leases. Consistent with this framework, the specific sites or attachments are identified in the standard agreements associated with the master agreements. Edison executed the ten stand-alone agreements before the master agreements had been negotiated.

We approve the application, authorizing 25 specific, proposed leases and approving Edison's request to use the master agreements and associated standard agreements for future leases to Verizon Wireless of communications facility sites and antenna equipment locations. However, before it makes any substantive amendments to the master agreements, associated standard agreements, or the amendments to the master agreements in the future, we require Edison to file an application to obtain our approval under § 851. Finally, consistent with precedent, we resolve Edison's motion to file certain confidential terms in the agreements under seal.