The Solution

Regardless of the approach we ultimately adopt in this proceeding, it must be applicable across the board, to all telecommunication providers. If our new approach applies only to CPCNs issued after a decision in this proceeding, we will only extend the regulatory hodge-podge, carrying forward all of the existing flaws and inequities, and adding yet another new layer to the regulatory sediment.

The solution is to tie our CEQA review to Commission approval of the actual construction (and accompanying environmental effects) that a particular telecommunications provider is planning to undertake, subsequent to their obtaining a CPCN. Accordingly, I intend to present the following proposal to the full Commission. This proposal would apply to all telecommunications providers regulated by the Commission, regardless of the nature of their CPCN or its date of issuance.¹⁸

This approach provides a level playing field among all telecommunications carriers, and ensures that our CEQA review matches the actual construction that is proposed.

¹⁸ This proposal would be embodied in a new General Order.