12. Comments on Proposed Decision

The proposed decision of Commissioner Peevey in this matter was mailed to the parties in accordance with Section 311 of the Pub. Util. Code and comments were allowed under Rule 14.3 of the Commission's Rules of Practice and Procedure. Comments were filed on June 13, 2011, and reply comments were filed on June 20, 2011. We have reviewed the comments and made appropriate refinements in finalizing this decision.

In its comments on the Proposed Decision, California Broadband Policy Network (CBPN) notes that the Commission's President serves as the Chairman of the Board of Directors of the CETF. CBPN therefore suggests that the Commission's President recuse himself from the Consortia Grant review process. We have considered this request and see no reason for the President to recuse himself from the grant review process. Such recusal would be necessary if the CETF were to apply for a grant. However, due to conflicts concerns, CETF will not be able to apply for any grant under this decision. Accordingly, there will be no reason for the Commission's President to recuse himself from reviewing the grant applications.