2. Procedural Background

CCSF claims that NextG is violating the terms of the CPCN granted in D.03-01-061, because NextG: (1) has failed to timely exercise its authority to offer competitive local exchange or interexchange services, and (2) is representing to CCSF that it is authorized to provide radio frequency transport services, a service the Commission has not authorized it to provide. CCSF further claims that NextG is violating the terms and conditions of its CPCN because the Commission has not authorized NextG to install either (1) microcell and antenna facilities in public rights-of-way, or (2) any equipment or facilities on existing utility poles.

On March 30, 2005, NextG moved to dismiss the complaint and to receive expedited consideration of its motion to dismiss. On April 14, 2005, CCSF filed its opposition to the motion to dismiss, its partial opposition to the motion for expedited consideration, and a motion to strike evidence submitted in support of the motion to dismiss. On April 19, 2005, NextG filed its reply. On May 20, 2005, the assigned Administrative Law Judge's (ALJ) ruling requested further briefing on the motion to dismiss. The parties submitted responses on May 27, 2005, and replies on June 9, 2005. A prehearing conference was held on June 13, 2005.

An Assigned Commissioner's ruling and scoping memo (ACR) issued on July 6, 2005. The ACR denied NextG's motion to dismiss; it was premature to find CCSF's complaint alleged no violation of law or order upon which the Commission could grant relief. The parties filed a stipulation of material facts on July 12, 2005. That stipulation is attached to this decision as an attachment. On July 13, 2005, NextG filed in this proceeding the proponent's environmental assessment it filed with its application for a CPCN. The parties filed opening and reply briefs on August 1 and 12, 2005, respectively. CCSF filed a motion to strike NextG's declarations in support of its brief that described NextG's discussions with our staff prior to filing its application. In the interest of expediting resolution of this complaint, NextG withdrew the declarations.