CCTA represents its members before California State Agencies, including the California Public Utilities Commission, the California Department of Energy, and the California Department of Housing and Community Development. CCTA also represents its members before the Office of Emergency Services, Department of Transportation, and the Office of the State Fire Marshal. CCTA is a member of the California High Tech Task Force and is the national representative for the industry at the North American Numbering Committee (NANC).
Regulatory Update -- Week of July 2
Southern California Edison Pole Attachment Administrative Fee. CCTA has provided Southern California Edison with a letter inquiring about the basis for imposing an administrative fee, usually charged for an initial permit, to poles already permitted but recently changed out by Edison. Once Edison provides the basis for the charges, CCTA will pursue discussions to eliminate the fee for permitted attachments.
Regulatory Update -- Week of June 25
Cable and CIPs Urge Commission to Consider Proposed Liability Protection Rule. This week CCTA joined Cox, Comcast, TWC, AT&T and Frontier in opposing a Motion by CPSD, TURN, and DRA to exclude a proposed rule change concerning utility liability from Phase 2 of the Commission’s Fire Safety OIR.
In the Phase 2 workshops, Communications Infrastructure Providers (“CIPs”) and electric utilities proposed a rule change to GO 95 that would clarify that the new rules are not intended to create any private right of action or to create liability that would not otherwise exist. CPSD’s motion argues that the overarching goal of the proceeding is to reduce fire hazards associated with utility facilities and that the proposed rule fall outside of the proceeding’s scope.
The Cable/CIP response argues that the proposed liability protection rule is within scope as it would ensure compliance with rules pertaining to fire safety while avoiding a more litigious and less cooperative compliance process. The response also asks that if the liability protection rule issue is deferred to another proceeding, CIPs must be afforded a full and fair opportunity to participate.
CIPs and electric utilities are pursuing the proposed rule change out of a growing concern that in a California civil lawsuit, the court’s finding of a “violation” of the general orders can lead to a determination of negligence per se.
Regulatory Update -- Week of June 18
Enhanced 9-1-1 provisioning for single and multi-line telephone systems. This week, the California Public Utilities Commission issued an “Assigned Commissioner’s and Administrative Law Judge’s Ruling “ (ACR) establishing workshops to examine enhanced 9-1-1 provisioning for single and multi-line telephone systems (“MLTS”) used by business customers of local exchange carriers.
According to the ACR, the scope of the proceeding will be to examine such provisioning and to “extend, through Commission rules, utility tariffs, contracts and interconnection agreements, or a proposal to the state legislature, the protections of E9-1-1 service to those telephone systems utilizing traditional analog and digital voice telephony or fixed and nomadic Voice over Internet Protocol telephony.”
It is unclear whether the Commission intends to use this proceeding to expand its jurisdiction over IP-based voice service providers. While the ACR’s scope specifies “fixed and nomadic VOIP telephony” as within the scope of the proceeding, the ACR questions to be address at workshops address only IP-based MLTS systems. The ACR makes no specific reference to Cable, Vonage, or any non-certificated IP service providers. Moreover, the underlying OIR specifically seeks comment from a list that includes ILECS, 9-1-1 representatives, Nortel and Cisco Systems, but does not mention cable.
CCTA will plan to participate in the workshops scheduled for July 26 and 27.
Regulatory Update -- Week of June 11
Commission Establishes 211 services Rulemaking. This week the CPUC released a Final Decision granting a Petition for a Rulemaking as to whether to enable emergency access to 211 services in counties and localities without existing 211 centers. A group called “211 California” submitted the Petition.
The Decision is supportive of questions and suggestions raised by CCTA and others concerning the need for more information from “211 California” before the Commission changes its current rules governing 211 services. Specifically, CCTA raised questions about the impact of a part-time 211 program on routing protocols and cost and concerning the basis for establishing 211 California as the “lead entity” for the entire state.
The Decision also rejects the Verizon Wireless argument that wireless provision of 211 should not be considered in the proceeding. The Commission agreed with the wireless carrier that the CPUC has no jurisdiction over wireless rates, but said it would nevertheless include the wireless carriers in its assessment of expanding the 211 program to provide emergency service in unserved areas.
The Decision establishes a schedule calling for Opening Comments on August 3, 2010, Workshops on September 14, 2010, and a final decision on the Commission’s agenda for April 2011. CCTA will convene a conference call in early July to plan for Opening Comments and workshops.
Regulatory Update -- Week of June 4
SDG&E Withdraws “Fiber Optic Cable In Gas Pipeline” Tariff. Today SDG&E notified the CPUC that it withdrawing its Fiber Optic Cable in Gas Pipelines Tariff (Schedule G-FIG) due to lack of interest. In an Advice Letter, SDG&E told the Commission that no contracts for the fiber optic cable service had been executed since the establishment of the service in 2003. SDG&E also said it “does not foresee future demand for FIG service.
CCTA successfully opposed Sempra Energy’s original request to offer FIG service, arguing that Sempra’s original proposal would have unduly advantaged Sempra’s affiliate, “Sempra Fiberlink,” in competing against California Cable Providers.
Regulatory Upate -- Week of May 28
FCC Establishes Requirements For One-Day Porting of “Simple Ports.” Last week, the FCC released a Report and Order (FCC 10-85) adopting a revised recommendation of the North American Numbering Council (NANC) that streamlines the telephone number porting interval and validation requirements for the completion of simple ports within one-business day. The Order marks a success for the Cable Industry, whose members urged the FCC to minimize the number of standardized “data fields” necessary to effectuate a simple port. Some telecommunications industry segments had originally sought adoption of rules that would have provided for more than 100 “data fields” for simple ports. The FCC ultimately adopted 14 required “data fields.” The FCC also clarified that change in directory listings should not disqualify a port from being “simple” and adopted a NANC recommendation that requested Customer Service Records (CSR) are to be returned within 24 hours unless otherwise negotiated. Moreover, carriers cannot require a carrier-assigned pass code in order to obtain access to a CSR. CCTA serves on the NANC on behalf of NCTA.
CPUC released Smart Grid Proposed Decision. The California Public Utilities Commission (CPUC) released a Proposed Decision in its Smart Grid Proceeding on Friday, May 21st. The decision sets out requirements for smart grid deployment plans, which are to be filed at the Commission by the electric utilities in June, 2011. The Commission proposes to require an electric utility’s Smart Grid Deployment Plan to demonstrate that the utility has considered whether third party communications networks can provide cost-effective communications that meet the security and performance requirements of the Smart Grid. Before the Commission approves a specific Smart Grid infrastructure investment, it will ascertain whether investments in Smart Grid are cost-effective and whether a utility has adequately considered a range of alternatives, especially those concerning the use of existing and future communications infrastructure operated by third parties.
The initial Rulemaking sought comments from parties regarding whether the Commission should determine a demarcation point for utility investments, effectively prohibiting utility ownership of devices installed on the customer-side of the meter. CCTA’s comments conceded that it may be too early to determine whether a clear demarcation point between a utility and the consumer is necessary or appropriate, and urged the Commission to consider the issues relating to the necessity of a demarcation point in a future proceeding or future phase of this proceeding. The proposed decision declines to adopt a demarcation point at this time, but states that the Commission will consider parties’ arguments at the time a utility proposes investments in devices on the consumer-side of the meter. If a utility proposes using ratepayer funds for a device or technology that it anticipates owning and operating that is placed inside a customer’s home or establishment, the Commission will expect the utility to fully explain and justify why such an investment is needed, and explain why such devices or technologies have failed to be widely adopted.
Regulatory Update -- Week of May 7
CCTA Opposes “Fire Risk” As Reason To Allow Undergrounding. Today CCTA joined Comcast, TWC, and Verizon in Comments filed at the CPUC opposing an SDG&E proposal to revise Rule 20A to add “fire risk” to the list of reasons to permit undergrounding under that rule. Our comments also argue that an expansion of Rule 20A would increase communications infrastructure provider costs, and that any new proceeding to consider Rule 20A must first resolve fundamental issues related to cable/telco participation in undergrounding and, most importantly, address the issue of who should bear the costs. The Commission is expected to decide whether to establish a new undergrounding rulemaking once it has considered comments.
Regulatory Update -- Week of April 23
The California Public Utilities Commission issues an Order Instituting Rulemaking on Enhanced 9-1-1 service. On April 14, 2010, the California Public Utilities Commission (“Commission”) issued an Order Instituting a Rulemaking (“OIR”) to examine the provision of Enhanced 9-1-1 (“E911”) service for single- and multi-line telephone systems (“MLTS”) used by business customers of California local exchange carriers (“LECs”).
The OIR proposes to extend the protections of E911 service to MLTS and single-line business telephone services—including telephone systems utilizing traditional analog voice telephony or fixed Voice over Internet Protocol telephony—through Commission rules, utility tariffs, contracts, and interconnection agreements, or a proposal to the state legislature. While not expressly excluded, the OIR does appear to extend to wireless service. The extension of existing protections is based on an alleged gap in the ability of public safety answering points (“PSAPs”) to identify a caller’s exact location when using certain telephone systems.
The OIR sets forth the following procedural schedule:
May 10, 2010 Parties File Opening Comments on Scope and Issues in Preliminary
Scoping Memo and Appendix A (Staff Overview of Aspects of E911
for MLTS)
June 2010 Scoping Memo
July 2010 Workshop
September 2010 Workshop Report Issued
October 2010 Parties file Comments on Workshop Report
February 2011 Proposed Decision Mailed for Comment
March 2011 Final Decision on Commission Agenda
CCTA will hold a call early next week to discuss potential association comments in the OIR.
General Order 156 (GO 156). The Commission issued a Ruling in its GO 156 proceeding reviewing its diversity procurement program. The Ruling establishes a schedule for two workshops on supplier diversity procurement issues facilitated by the Commission’s Utility Supplier Diversity Program staff. The first workshop—scheduled for May 5, 2010—will “focus on underutilized areas” of procurement, i.e., where there are few or no small businesses and [WM]DBEs bidding or receiving utility supply contracts.” The second workshop—scheduled for June 7, 2010—will “focus on barriers [WM]DBEs and small businesses face when trying to compete for utility supply contracts.” The Commission’s staff will file a report on each of the workshops no more than 21 days after each of the workshops, and parties will have the opportunity to submit comments on each of the reports.
Additionally, the Commission intends to hold oral argument on issues related to utilities' timelines for meeting the voluntary target goals set forth in Paragraph 8 of GO 156. As part of its oral argument, the Ruling requires all utilities covered by GO 156 to submit written responses relating to one and two year steps proposed to be taken by the utility to reach targeted goals for 2011 and 2012, and identify subgroups that are underutilized by your procurement team.
As you know, cable operators are currently exempt from GO 156 requirements, although there is a bill (AB 2758 – Bradford) pending in the Legislature designed to require cable participation.
Regulatory Update -- Week of April 9
Judge Grants Motion To Exclude Undergrounding Issues From Safety OIR Workshops. This week a CPUC Administrative Law Judge (ALJ) granted the Communications Infrastructure Providers (CIP) Coalition’s motion to exclude undergrounding issues from the scope of the Safety OIR Proceeding. SDG&E and Los Angeles had sought to use the Safety OIR as a vehicle to modify Tariff Rule 20 undergrounding rules to include fire risk among the reasons for placing facilities underground. SDG&E proposed an undergrounding plan that did not include communications utilities. Instead, SDG&E suggested it would only underground its own facilities and leave cable and telephone on the pole. CCTA and its members joined other CIP’s in arguing that issues related to undergrounding are far too complex to address in a proceeding limited to fire safety, and that undergrounding deserves its own proceeding. The ALJ Ruling asks parties to file and serve comments on May 7, 2010, as to whether the Commission should open a new proceeding to consider adding fire risk to the list of reasons to permit undergrounding under Tariff Rule 20.
Safety OIR Workshop Established for Governmental Agencies. In another Safety OIR Ruling this week, a CPUC Administrative Law Judge established a workshop for governmental agencies followed by a public participation hearing in Sacramento on May 25, 2010. The purpose of the workshop is to invite governmental agencies to provide input on ways to reduce the fire risk associated with overhead power lines and telecommunications facilities. In a recent filing, CCTA and its members joined the CIP Coalition in recommended that the Commission include the State Chief Information Officer in that workshop. The CIP Coalition noted that the OCIO is dedicated to keeping Californians connected in times of crisis and that OCIO’s participation is essential if the Commission is to understand whether its proposed rules affect the deployment and management of California’s 9-1-1 and other information technology resources.
Regulatory Update -- Week of March 26, 2010
Public Utility Commission holds “Smart Grid” Workshops. Last week the Commission held three days of workshops in its “Smart Grid” proceeding. Presentations were made by parties that are participating in smart grid working groups nationally that will assist us in making the point that broadband facilities should not be duplicated if the grid is to be economic, and that information on the customer side should be in the customer control. These parties included representatives from wireless groups, Cisco and Google. Presentations were also made by electric companies, which are concerned about Cybersecurity, and wish to have the opportunity to provide service on both the “electric” side of the grid and the “customer” side of the grid. Reply Comments will be submitted in April.
CCTA Comments on Petition to Expand 2-1-1 Dialing to Rural Areas. This week CCTA submitted a Response to a Petition by 2-1-1 California seeking to modify the Commission’s current rules so that the Commission can name 2-1-1 California as the “lead entity” to enable emergency access to 2-1-1 services in counties and localities without existing 211 centers.
The 2-1-1 telephone number provides access to social services provided by community-based organizations and government agencies. The Petition suggests that 2-1-1 would have an expanded role in times of emergency.
CCTA did not oppose the Petition but suggested that more information was needed to help frame technical and operational issues, including how the change would affect call routing. CCTA suggested these issues could be addressed through workshops. A companion bill, AB 2737 (Block), would authorize the CPUC to designate a lead entity for the implementation of a 2-1-1 dialing system and would extend liability protection to Information and Resource providers.
Regulatory Update -- Week of March 5, 2010
CCTA Files Complaint Against San Diego Gas & Electric (SDG&E). After seventeen months of negotiations, CCTA filed a complaint against SDG&E for failure to justify its pole attachment rates. SDG&E’s rates are four times the rate charged by AT&T for poles in SDG&E’s service territory, and are three times the average rate for pole attachments charged by electric utilities nationally. SDG&E has continued to provide inconsistent and incomplete backup support documentation to justify its rates, and the documentation provided suggests improper accounting practices. For example, SDG&E has provided inconsistent statements regarding the number of poles it owns, and has engaged in retirement accounting practices that inflate pole investment. SDG&E has never explained how it determines embedded costs.
Regulatory Update - Week of February 26, 2010
Smart Grid Proceeding at the California Public Utilities Commission. The California Public Utilities Commission (CPUC) released his ruling today revising the schedule for Rulemaking to Consider Smart Grid Technologies. The original dates for the workshop were March 10 – 12, 2010; the new dates are March 17 – 19, 2010. The workshop will be held at the CPUC, 505 Van Ness, San Francisco, Ca. Comments are due to the CPUC on March 5.
CCTA will request that the Commission recognize the importance that existing broadband networks and providers can and should play in Smart Grid deployments. Existing broadband networks can serve as a least-cost alternative, and obviate the need to deploy redundant communications networks. CCTA-members broadband providers are capable and experienced in providing the secure and reliable data transmission paths that underlie Smart Grid deployments. To that end, the Commission should not adopt rules or regulations that would foreclose competition or the potential for competition in the delivery of home energy management and other Smart Grid-related products and services.
Regulatory Update - Week of February 19, 2010
California’s Smart Grid Infrastructure. The California Public Utilities Commission has issued a joint ruling inviting comments and scheduling workshops to adopt policies to promote California’s Smart Grid infrastructure. The Opening Comments are due March 5, with reply comments due April 1. The workshops will be held March 10, 11 and 12. Specifically, the Commission solicits information to enable it to provide policy guidance so that electric utilities may develop Smart Grid deployment plans by July 1, 2011.
CCTA will file comments and participate in the workshops. Our comments will essentially mirror earlier comments submitted by NCTA before the FCC, staking out a placeholder for the use of cable networks to deliver the benefits of Smart Grid technologies at low cost to consumers. We will also advocate an open energy management architecture that delineates the utility domain and the consumer domain.
CCTA Joins Motion To Exclude “Undergrounding” Issues From Safety OIR. This week, CCTA joined Comcast and other Communications Infrastructure Providers in a formal motion to exclude proposed rule changes addressing undergrounding issues from Phase 2 of the California Public Utilities Commission’s Safety Rulemaking. The Motion argues that that the proposed rule changes that would consider undergrounding to be a GO 95 fire safety measure is outside the scope of the proceeding and is a collateral attack on prior Commission decisions that expressly determined that undergrounding is not be considered a fire-safety measure.
The Motion is in response to Commissioner Simon’s Scoping Memo that states that Phase 2 “may consider” adding fire risk to the list of reasons to permit undergrounding under Tariff Rule 20.” That Scoping Memo prompted SDG&E and the County of Los Angeles to suggest changes to electric utility tariffs to allow use of ratepayer funds to convert aerial facilities to underground facilities. SDG&E’s proposal contemplates undergrounding only supply facilities, while leaving cable and telecommunications lines on poles.
If the Commission does not rule – or rules against – the Motion, parties to the Safety OIR will begin considering the proposed undergrounding rules in May workshops.
Regulatory Update - Week of February 12, 2010
Commission’s GO 95-related Fire Safety Workshops. Last week, the Commission’s Consumer Protection and Safety Division (CPSD) tentatively agreed to support changes to the Commission’s current rules concerning the establishment of safety maintenance programs; the resolution of safety hazards contained in current GO 95 Rule 18 A; and the reporting of safety hazards from one utility to another (Rule 18B).
CPSD’s compromise came at last week’s GO 95 Fire Safety Workshops where Cable and other CIPs expressed concern that the current rules adopted in the hurried Phase 1 Safety OIR Decision were laden with too much detail and process that detracted from the underlying purpose of the safety rules. CIPs also wanted rules that allowed for greater consistency with current business practices. SDG&E continues to oppose efforts to modify the existing Rules 18 A and 18 B claiming that those rules in current form have forced CIPs to be more responsive to SDG&E-identified hazards.
Cable and CIPs are now working to resolve concerns regarding a CPSD proposal that would mandate annual “patrol” inspections in Extreme and Very High Fire Hazard Zones and would additionally require “detailed inspections” once every ten years on all overhead communications lines installed on joint use poles. Cable and other CIPs contend that the proposed inspections are duplicative, excessive, and not in the public interest given the negligible fire risk posed by communications facilities. This issue will be further addressed at workshops resuming on February 24.
Market Sourcing Regulations/Cost of Performance: On February 10, the Franchise Tax Board held an interested parties meeting to discuss possible amendments to California Code of Regulations, Title 18, Section 25136 (sales other than sales of tangible personal property), to implement the recently enacted Revenue & Taxation Code Section 25136 that applies for tax years beginning on or after January 1, 2011. This is the new market sourcing regulation that will replace the existing cost of performance rules.
The discussion was focused on variations of Iowa, Ohio and other states approaches to where the benefit of the service or use of property is received for purposes of assignment of sales. There was a lot of discussion related to how to define a "purchaser" and how to determine their location in determining if the benefit received from a sale is attributable to California. FTB has allowed the comment period to continue until March 15th, 2010 with regulations to be drafted sometime in April.
The California Taxpayers Association (Cal-Tax) is monitoring these workshops. If you are planning to submit comments and would like to share with Cal-Tax, let us know.
Regulatory Upate - Week of February 5, 2010
Nancy Ryan Sworn in as the newest CPUC Commissioner. On Thursday, February 4, 2010, California Public Utilities Commission (CPUC) President Michael R. Peevey administered the Oath of Office for new Commissioner Nancy E. Ryan. As mentioned in last week’s CCTA Update, Ms. Ryan is an economist with expertise in energy markets, climate change policy, and the public health and ecological impacts of energy production. Since February 2009, she has served as the CPUC’s Deputy Executive Director for Policy. She joined the CPUC in January 2006 as President Peevey’s Chief Energy Advisor and served as his Chief of Staff from April 2007 to February 2009. Commissioner Ryan will have one year to be confirmed by the State Senate.
Federal Communication Commission’s Network Outage Reporting System (NORS). The Federal Communications Commission (FCC) issued on February 2, 2010, a Public Notice asking for comments, due March 4, on a California Public Utilities Commission (CPUC) Petition for Rulemaking, in which the Commission requested password protected access to the FCC’s Network Outage Reporting System (NORS).
The CPUC currently requires all facilities-based certificated and registered carriers to file with the Communication Division and the Division of Ratepayer Advocates, a written report detailing when California service is affected, regardless of whether or not the California outage independently would meet the FCC’s significant disruption and outage reporting threshold. In fact, the CPUC already also requires concurrent reporting at the CPUC with FCC NORS reports. The Petition thus appears to be an effort to expand access to reports filed by cable, and potentially, VoIP providers, although VoIP service is currently exempt from the FCC’s NORS filing requirement.
Regulatory Upate - Week of January 29, 2010
Governor Appoints Nancy Ryan as the newest California Public Utilities Commissioner.
Commissioner Ryan is an economist with expertise in energy markets, climate change policy, and the public health and ecological impacts of energy production. Since February 2009, she has served as the CPUC’s Deputy Executive Director for Policy. She joined the CPUC in January 2006 as President Peevey’s Chief Energy Advisor and served as his Chief of Staff from April 2007 to February 2009. While at the CPUC, Commissioner Ryan has played a key role in developing policies in the areas of climate change, electricity market design, and renewable energy. In the course of these efforts she has helped to build and enhance the CPUC’s working relationships with its sister energy agencies and the Federal Energy Regulatory Commission, as well as the Legislature and Governor’s office. Commissioner Ryan must be confirmed by the State Senate.
Safety OIR Workshops. This week participants in the Public Utilities Commission’s ongoing Safety Rulemaking workshops reached a favorable compromise on revisions to rules addressing initial pole construction and modification to poles (GO 95 Rule 44). The compromise resolves a key dispute concerning which safety factor applies when adding facilities to a pole. Some electric utilities, particularly SDG&E, wanted a rule requiring that a pole meet “Initial Construction” safety factors of 4.0 whenever additional facilities are added to the pole. For cable companies, that “return to new condition” requirement would dramatically add to construction and pole replacement costs since our attachments would more likely cause a pole to “fail” under the higher safety requirement. With the surprising support of Commission Staff, a revised rule was tentatively agreed upon requiring that addition to facilities not bring a pole below a safety factor of 2.67 (the current California rule).
The Workshop did not reach agreement on a CIP proposal to Rule 44 that would require cooperation between companies when performing load calculations. The matter will be addressed once again in workshops next month.
Parties also continued work on GO 95, Rule 48, a rule containing a “no fail” provision regarding structure design and construction. The Commission Staff continues to oppose changes to this strict liability provision of GO 95, arguing that the provision gives utilities a greater incentive to construct and maintain a safe plant. Electric utilities and CIPS contend (and the Commission’s engineers agree) that is technically impossible to design a plant that will “never fail” and the rule needs to be revised so that utilities can comply. Workshop participants did agree to further consider alternatives to the rules through a Rule 48 working group.
Regulatory Update -- Week of March 12, 2010
California Public Utilities Commission Begins Phase 2 Safety OIR Workshops. This week the Commission held the first two days of workshops in Phase 2 of the Safety OIR 08-11-005. The workshops will consist of 2 to 3 day meetings, twice a month, through May. The purpose of the workshop is to “collaboratively explore” proposed rule changes relating to General Orders 95 and 165 related to inspection and maintenance of facilities, and to the extent possible to agree on specific proposed rules to be recommended for adoption by the Commission. CCTA will participate throughout the process.
Battery Back-up Proceeding. Comcast and CCTA filed Joint Comments on the Alternate Proposed Decision of Commissioner Peevey in the proceeding relating to customer premise backup battery requirements. The Alternate PD requires the same customer education program as the Proposed Decision of Commissioner Simon, but does not impose CPUC jurisdiction over VoIP providers. The Commission is now scheduled to vote on either the PD or Alternate PD on January 21.
CALIFORNIA PUBLIC UTILITIES COMMISSION
Backup Battery Proceeding. CCTA and its members effectively reversed a Proposed Decision at the CPUC to require a minimum 8 hour standard for backup batteries at the customer premise. The current decision requires customer education programs regarding the backup battery for VoIP provided at the customer premise.
Tariff Proposal Reversal. CCTA reversed a tariff proposal filed at the CPUC by SDG&E to assume responsibility to inspect and maintain cable network overhead plant.
Wood to Steel Utility Pole Proposal. CCTA worked with its members to reverse proposals by SDG&E to require new applications for all poles changed out from wood to steel, and facilitated a streamlined process for the change out of cable plant to the steel poles.
Pole Attachment Rates. CCTA negotiated reduced pole attachment rates with AT&T. Pole attachment rate increases were avoided for two years with Southern California Edison, and the increase for 2010 was kept to a minimum, far less than the rate proposed by Edison. Negotiations were also held with PG&E, with the proposed rate confirmed, and negotiations with SDG&E continue.
Safety Order Instituting Rulemaking (OIR) – Phase 1 and 2. This year, the Commission’s Consumer Protection and Safety Division, electric utilities, cable, wireline, and wireless phone service providers engaged in a marathon rulemaking to revise and clarify Commission regulations relating to the Safety of Electric utility and communications infrastructure provider facilities. The OIR was established in response to the 2007 Southern California fires.
The Rulemaking was divided into two phases: In August, the Commission adopted a Phase 1 Decision adopting measures said to reduce fire hazards that could be implemented in time for the 2009 autumn fire season in Southern California. The purpose of Phase 2 is to address measures that require more time to consider and implement. CCTA, joined by its members and a broader telecommunications coalition, recently submitted proposed rule changes in the Phase 2 proceeding aimed at providing reasonable rules while respecting the fact that cable and telecommunications facilities pose significantly less risks than those associated with electric facilities. Phase 2 workshops will begin in January 2010.
SDG&E’s De-Energization Application. In September, the Commission voted 4-1 to reject SDG&E’s plan to proactively cut power to customers in high fire danger weather conditions. The final decision also rejected SDG&E’s requested tariff which would have expressly protected SDG&E from liability resulting from proactive de-energization. That decision was a success for the cable industry, who along with a telecommunications coalition, participated in seven months of workshops, pleadings, and meetings with regulators and other public officials in an effort to convince the Commission to reject the plan.
CCTA is now participating in a “collaborative stakeholder process” coordinated by SDG&E with the aim of developing a comprehensive fire prevention program for the San Diego area. The Federal Mediation and Conciliation Services facilitate the meetings.
CALIFORNIA EMERGENCY MANAGEMENT AGENCY
California Alert and Warning Workgroup. CCTA continues to actively participate in the development of California Emergency Management Agency’s (Cal EMA) work plan to implement the recommendations set forth earlier this year by the “Alert and Warning Workgroup.” This workgroup was established to implement the provisions of AB 2231 (Chapter 764, Statutes of 2006) regarding enhancing alert, notification, and warning systems in California through public/private partnerships.
