ALJ/MAB/jva DRAFT Agenda #2389

Quasi-Legislative

Item 10 8/21/03

Decision DRAFT DECISION OF ALJ BUSHEY (Mailed 6/24/03)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Rulemaking on the Commission's Own Motion to Comply with the Mandates of Senate Bill 1712.

Rulemaking 01-05-046 (Filed May 24, 2001)

OPINION ON REQUEST FOR INTERVENOR COMPENSATION

BY THE NATIONAL COUNCIL OF LA RAZA, SOUTHERN

LEADERSHIP CONFERENCE AND THE CALIFORNIA

RURAL INDIAN HEALTH BOARD, AND GREENLINING

INSTITUTE AND LATINO ISSUES FORUM

This decision awards the National Council of La Raza, Southern Christian Leadership Conference and the California Rural Indian Health Board (jointly, "La Raza") $28,510.77 in compensation for their contribution to Decision (D.) 02-10-060. This decision denies the request of Greenlining Institute and Latino Issues Forum (Greenlining/LIF) for compensation in this proceeding.

I. Background

We initiated this proceeding in response to Senate Bill (SB) 1712 (Polanco, Ch.943, Stats. 2000), codified as Pub. Util. Code §§ 871.7 and 883, which required that we open an investigation into the feasibility of redefining universal telephone service to include high-speed internet access, and to report its findings to the Legislature. The legislation also required "public hearings that encourage participation by a broad and diverse range of interests from all areas of the state." Section 883(a).

We held Public Participation Hearings (PPH) throughout the state, and interested members of the public made their views known on the issues to be addressed in this proceeding. In the formal phase of this proceeding, the formal parties, which included La Raza and Greenlining/LIF, submitted two rounds of comments. Based on the comments, as well as the results of Commission staff work, the Commission prepared and submitted the required Broadband Report to the Legislature on August 14, 2002. All formal parties were mailed a copy of the Broadband Report on August 15, 2002.

The draft decision of the assigned Administrative Law Judge (ALJ) adopting the Broadband Report was mailed to parties for comment on August 26, 2002. La Raza filed comments and Greenlining/LIF filed reply comments. On October 24, 2002, the Commission issued D.02-10-060, which summarized the Broadband Report, and stated that the cost of making broadband technology available to all would be prohibitive. It found that Internet access is available to all customers who have basic telephone services, and concluded that it should maintain its commitment to keeping basic telephone service as affordable as possible.