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STATE OF CALIFORNIA GRAY DAVIS, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

June 24, 2003

TO: PARTIES OF RECORD IN RULEMAKING 01-05-046

This is the draft decision of Administrative Law Judge (ALJ) Bushey, which was identified as Item CA-35 on the June 5, 2003 agenda. However, this decision has been changed to invite comments by the parties and will be included in the agenda for the regular meeting scheduled for August 21, 2003. 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:jva

Attachment

ALJ/MAB/jva DRAFT Agenda #2389

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

D.02-10-060 resolved issues raised by Senate Bill (SB) 1712, which directed the Commission to consider ways to improve the deployment of advanced telecommunications technologies, such as broadband, to assure access to Internet. D.02-10-060 summarized the Commission's report on matters raised by SB 1712, stating 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.

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