BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Order Instituting Investigation into the Creation of a Shared Database or Statewide Census of Utility Poles and Conduit in California FILED PUBLIC UTILITIES COMMISSION JUNE 29, 2017 SAN FRANCISCO Investigation 17-06-027 Order Instituting Rulemaking into Access by Competitive Communications Providers to California Utility Poles and Conduit, Consistent with the Commission’s Safety Regulations FILED PUBLIC UTILITIES COMMISSION JUNE 29, 2017 SAN FRANCISCO Rulemaking 17-06-028 ORDER INSTITUTING INVESTIGATION INTO THE CREATION OF A SHARED DATABASE OR STATEWIDE CENSUS OF UTILITY POLES AND CONDUIT Order INSTITUTING Rulemaking into ACCESS BY COMPETITIVE COMMUNICATIONS PROVIDERS TO CALIFORNIA UTILITY POLES AND CONDUIT, CONSISTENT WITH THE COMMISSION’S SAFETY REGULATIONS
finding, we would need to determine what CPUC actions are possible and appropriate to eliminate such barriers to entry, consistent with ensuring the safety of utility poles. Make-Ready Rules Google Fiber filed comments on the Proposed Decision that led to D.16-12-025, asserting that “make-ready” processes are inefficient and raise costs and other barriers for potential broadband competitors. Google Fiber asserted that a “one-touch make-ready” (OTMR) process can “improve public safety, expedite network deployment, and lower construction costs.” We have noted, however, litigation challenges to municipal ordinances allowing “one touch” access to poles in other jurisdictions. In federal proceedings, the carriers have suggested an alternative, which they dub “right touch make ready (RTMR). Possible Other Amendments to ROW Rules to Promote Competition We shall explore, in this proceeding, other matters related to the make-ready process, such as timelines for response and approval of attachment applications, the respective responsibilities of joint pole owners upon receipt of an attachment application, timely and efficient dispute resolution, and the reasonableness of make-ready rates. Other Issues Sections 8.1 through 8.3, above, include topics responsive to Ordering Paragraph 5 of D.16-12-025, which stated that the Commission would, “[w]ithin nine months of this order, … institute a Rulemaking to examine telecommunications access to poles, conduit, and rights of way.” Yet we do not expect that the topics above are exhaustive. We will entertain other issues responsive to or suggested by D.16-12-025 in possible later phases of this proceeding. Such issues might include, but are not limited to: (i) whether there are other categories of telecommunications attachers besides LECs (both CLECs and ILECs), cable television corporations, CMRS and BIAS providers – interexchange carriers, perhaps – that will need access to poles in order to provide the next generation of telecommunications services and what sort of licensure would be necessary for them; and (ii) how energy and water utilities use telecommunications for smart grid and other
No information contained in this Order is found to be confidential. The following further categories of information are presumptively not confidential: statewide total poles owned; statewide total poles jointly owned; statewide total poles to which responding party attaches; and the name, description, and software used in existing utility pole databases. This list may be expanded or modified by the Assigned Administrative Law Judge(s) or Assigned Commissioner, as appropriate. The Executive Director will cause this Order to be served on the service lists for the following additional Commission proceedings: Rulemaking (R.) 1405-001, I.15-11-007, and R.16-12-001, on all major California cities, counties, towns, and other municipal agencies to the extent possible, and on all Form 477 filers offering service in California to the extent possible. Interested persons must follow the directions in Rule 1.4 to become a party, and in Section 9.6 (above) of this Order to be placed on the official service list as a non-party. The Commission’s Process Office will publish the official service list on the Commission’s website () as soon as practicable. This order is effective today. Dated June 29, 2017, at San Francisco, California. MICHAEL PICKER President CARLA J. PETERMAN LIANE RANDOLPH MARTHA GUZMAN ACEVES CLIFFORD RECHTSCHAFFEN Commissioners
Comcast Phone of California, LLC (U#5698) Frontier California Inc. (U#1002) Cox California Telecom, LLC (U#5684) Marg Tobias Charter Fiberlink CA-CCO, LLC (U#6878) & Time Warner Cable Information Services (U#6874) , , Southern California Joint Pole Committee (SCJPC) Northern California Joint Pole Authority (NCJPA)
Preliminary Schedule for the Investigation Proceeding Preliminary Schedule for the Rulemaking Proceeding Event Date (Measured from the Issuance Date of this OII)1 Event Date (Measured from the Issuance Date of this OIR)1 Phase I Combined Opening Comments and Prehearing Conference Statements on issues set forth below, filed and served 40 Days Combined Opening Comments and Prehearing Conference Statements Filed and Served in Phase I 60 Days Phase I Reply Comments Filed and Served 55 Days Reply Comments Filed and Served in Phase I 75 Days Phase I Prehearing Conference (PHC) To Be Determined Prehearing Conference (PHC) in Phase I To Be Determined Phase I Additional Workshops, Additional Written Comments, Briefs, Etc. To Be Determined Workshops, Additional Written Comments, Briefs, Etc. To Be Determined Phase I Hearings, If Warranted To Be Determined Hearings, If Warranted To Be Determined Phase I Projected Submission Date (if applicable) To Be Determined Phase I Projected Submission Date (if applicable) To Be Determined Phase II Preliminary Scoping Memo, and Related Proceedings To Be Determined Phase II Preliminary Scoping Memo, and Related Proceedings To Be Determined