ALJ/SRT/avs DRAFT Agenda ID #4508

Ratesetting

Decision DRAFT DECISION OF ALJ THOMAS (Mailed 4/15/2005)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Application of WilTel Communications, LLC (U-6146-C) aka Williams Communications, LLC, a Delaware Limited Liability Company, to Amend its Certificate of Public Convenience and Necessity.

Application 04-05-017 (Filed May 3, 2004)

OPINION DENYING APPLICATION OF
WILTEL COMMUNICATIONS LLC TO AMEND ITS
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

A. Summary

This decision denies the application of WilTel Communications, LLC (WilTel) to amend its certificate of public convenience and necessity (CPCN). WilTel asks us to allow it to build out its fiber optic telecommunications facilities without analysis under the California Environmental Quality Act (CEQA) of the environmental impact of the new construction it proposes.

Such allowance would change our current practice with regard to CEQA applicable to interexchange (long distance) carriers (IECs) such as WilTel. WilTel explains, correctly, that we have stricter CEQA practices for IECs than for certain other telecommunications carriers. These differences flow from the type of operating authority the Commission grants to individual carriers. CEQA is only triggered when we are called upon to issue a "discretionary decision" that either grants new authority or modifies a carrier's existing authority. The circumstances that require such a decision vary for different types of carriers.

While we are sympathetic to WilTel's situation, we cannot make the change to our rules WilTel proposes without a rulemaking designed to establish procedures for an entire industry sector. Thus, we deny WilTel's application without prejudice, pending changed circumstances.