Regulatory Affairs Updates

Regulatory Update -- Week of October 21, 2011

CCTA Negotiates 2012 Pole Attachment Rate with AT&T.  AT&T advised CCTA in early October that the 2011 pole attachment rate of $4.83 would increase in 2012 to $8.67. The conduit rate was similarly raised to 77 cents from 41 cents. The basis for the significant increase is due to the fact that AT&T is loading actuarial losses from pension and retirement benefits into its general and administrative (G & A) expenses, resulting in a tenfold increase in G & A expenses, and nearly doubling the pole attachment and conduit rates. AT&T has stated that it expects its rates to return to historical levels in 2013. Notwithstanding the calculations, CCTA has negotiated for its members a 2012 pole attachment rate of $5.02 and a conduit rate of 49 cents. Because the calculations may impact AT&T's pole attachment and conduit rates nationally, CCTA recommends that members investigate proposed rates outside of California and the potential for negotiation.

California Public Utilities Commission Approves Area Code Overlay of the 408 Area Code.  On October 20th day the Commission voted to approve an all-services overlay that will add a new 669 area code to the same geographic region as the existing 408 area code.  This is Northern California's first area code overlay. CCTA advocated in support of the 408 overlay to address an accelerated depletion of numbering resources in that area.
 
The Commission's Decision accepts the recommendations and plan proposed by the North American Numbering Plan Administrator (NANPA) on behalf of the California Telecommunications Industry including adoption of the Industry-proposed 13-month total implementation schedule.  The start of a permissive 1+10 digit-dialing period will begin in six months, while the implementation will be complete in November 2012.  The Proposed Decision also requires the Industry to implement a Public Education Program ("PEP") consistent with the PEPs authorized for the 760 and 818 area codes.

Regulatory Update -- Week of September 13, 2011

Commission Adopts Decision Bringing 211 Service to Areas without 211 Centers.   Last week the CPUC unanimously approved a decision authorizing the provision of emergency access to 211 services in localities that do not have regular 211 service centers. The Decision incorporates CCTA's recommendation to retain a requirement that allows Cable and other voice service providers to enable 211 calling by means of a simple, cost effective, "point-to" toll-free number as authorized in a previous Commission Order.  The Decision also rejects the more severe reporting and operating rules originally proposed by the Commission's Division of Ratepayer Advocates.
The Decision allows for the provision of 211 information services to areas without 211 Centers only in times of emergency. Commenting before the vote, Commissioner Ferron indicated that he would like to see 211 dialing available to rural residents all of the time, and not just in times of emergency.

Regulatory Update -- Week of August 26, 2011

Energy Efficiency Standards for Set Top Boxes.  The California Energy Commission (CED) will hold a workshop on Wednesday, August 31, 2011, to consider the adoption of energy efficiency standards for a number of appliances, including set top boxes. The CEC considered adopting energy efficiency standards for set top boxes in 2004, but dropped its consideration after CCTA presented the clear and unambiguous Cable Act's federal preemption of state or local regulation of technical standards for subscriber equipment.  CCTA will file similar comments, due August 30th, regarding the CEC's prior exemption of set top boxes from its regulations and reinforce the fact that the CEC remains federally preempted from adopting energy efficiency standards for set top boxes.

Special Advisor to the California Public Utilities Commission.  Jeanne Clinton, a Democrat from Berkeley, has been appointed special advisor to the California Public Utilities Commission.   According to CalTax, Ms. Clinton has been a manager of the Climate Strategies Branch of the commission since 2009, and was an advisor on clean energy and policy planning to the commission from 2006 to 2009 and a consultant to former California Energy Commissioner Jackalyne Pfannenstiel from 2005 to 2006. Ms. Clinton served as an international energy efficiency advisor for the Vietnam Ministry of Industry from 2004 to 2005, and as deputy director for the California Consumer Power and Conservation Financing Authority from 2001 to 2004.  

Regulatory Update -- Week of July 1, 2011

CPUC Safety Rulemaking: This week CCTA, Comcast, and Time Warner Cable filed comments in response to a Proposed Decision issued in Phase 2 of the California Public Utilities Commission's (CPUC) Fire Safety Rulemaking.  The Cable comments asked the CPUC to reject a proposed facilities identification tagging rule, which would require the physical marking of all facilities state-wide by January 1, 2015.  The joint Cable filing proposes that an identification database system should be used instead since that method would be more accurate, cost effective and safer than tagging.

Regulatory Update -- Week of June 24, 2011

Status of Telecommunications Competition. The pending Rulemaking to Evaluate the Status of Telecommunications Competition in California and its Implications for Regulatory Policies has been withdrawn from the Commission's agenda. During the Commission's June 23rd meeting, President Peevey remarked that the Rulemaking has been withdrawn and "won't be back for months, if at all." President Peevey's remarks implied that the Commission's agenda in the telecommunications arena would be focused on the AT&T/T-Mobile merger. Notwithstanding President Peevey's remarks, in a meeting with CCTA June 23rd, Commissioner Catherine Sandoval indicated repeatedly that she is firmly committed to the Competition proceeding, that she continues to work with the ALJ to refine the Rulemaking, and that it will be released in the Fall and will include an examination of VoIP, DIVCA and the level of competition for all telecommunications and video, broadband services.        

Regulatory Update -- Week of June 17, 2011

On Thursday, June 16, 2011, Jack Luetza, Director of the CPUC's Communications Division, announced in a letter the elimination of jeopardy conditions and related rationing for area codes throughout California effective immediately. In response to that letter, the North American Number Plan Administration (NANPA) announced that it "rescinds the jeopardy status, removes the rationed amounts and the associated set aside codes" for the 209, 323,415,530,562,619,650,707,805,916,925, and 949 NPAs effective immediately.  NANPA also announced that it would dismiss the suspended relief project currently open for the 415, 619, 650, and 707. 

This return to numbering normalcy by the CPUC seemingly ends an era of intense oversight of service provider telephone numbering allocation practices. That oversight included number lotteries and a successful petition to the FCC for authority to establish a technology-specific overlay for VoIP, ATMs, and other devices. The CPUC never acted on that particular authority.

According to Mr. Leutza's letter, the CPUC recognizes that the current projected life of those area codes "makes rationing and jeopardy unnecessary."   However, it is not believed that this action reflects a decreased demand for numbering resources by carriers.  The NANPA recently reported to the North American Numbering Council (NANC) that demand for central office codes is at its highest since 2006.

The 408 area code relief process will, presumably, continue as scheduled.

Regulatory Update -- Week of June 3, 2011

Conference of California Public Utility Counsel - MCLE Seminar.  On June 9, 2011, from 3-5 pm at the CPUC's Auditorium in San Francisco the Conference of California Public Utility Counsel (CCPUC) will hold a MCLE seminar.  The Program will explore how the CPUC practitioner needs to be mindful that the practice often requires advocacy beyond the CPUC's "5th floor" and can include the Governor's Office, the Legislature, and other State Agencies. 

The Panel will be moderated by Rachelle Chong, Regional Vice President, Government Affairs, California Comcast. The panelists are experienced practitioners and leaders from a variety of regulated entities and government and include: V. John White, Executive Director, Center for Energy Efficiency and Renewable Technologies; Cliff Rechtschaffen, Special Advisor to the Governor; Ed Randolph California Public Utilities Commission; and Susan Lipper, Senior Manager, Government Affairs at T-Mobile. 

A reception will follow to welcome new CPUC Commissioner Sandoval and Commissioner Ferron. 
 
CCTA's Jerome Candelaria is President of the CCPUC. To find out more go to http://www.ccpuc.org/.

Regulatory Update -- Week of May 27, 2011

CPUC Draft Rulemaking Released to Examine The Level of Competition In The Communications Market, and To Determine If Regulatory Revisions Are Necessary To Produce Just and Reasonable Rates.  A draft Order Instituting Rulemaking to assess whether developments in communications markets warrant changes to the California Public Utilities Commission's (CPUC) current regulatory program for telecommunications services has been released by the CPUC, but the final Order has been held for further consideration by the Commission before the Investigation is commenced.

The Rulemaking is being opened to determine whether the passage of time and the changes in technology and markets that characterize telecommunications warrant a revision to the Commission's Uniform Regulatory Framework (a largely deregulatory program) to ensure that "regulation in California continues to produce just and reasonable rates."  The Commission tentatively concludes that the communications market is moving away from the "voice communications" as a single marketplace to a broad "communications market" consisting of both voice and broadband connections, where broadband connections include both wireline and wireless broadband "because they are capable of providing voice services as well."

Central questions in the Rulemaking include whether voice, text, data and broadband should be considered a single market, or whether the Commission should continue to use voice or some other service to define the relevant market for regulatory analysis, and whether developments in telecom markets provide evidence that the Uniform Regulatory program should be changed, including changes to the monitoring of service quality.  The Rulemaking also inquires as to the success of DIVCA and the reliance on competition for broadband deployment and investment, or "whether there is some other source for the improvements in broadband infrastructure."  Clearly, the Rulemaking opens the door for a broad discussion of the role of regulation in California, and further, there is a potential for an alternate rulemaking to be issued that more stridently promotes a re-regulation.

Regulatory Update -- Week of May 13, 2011

Service Quality Issues.  The Utility Reform Network (TURN) requested the Commission to issue an Order Instituting Investigation or Rulemaking to address telephone service outage and service quality issues. TURN cited telephone outages experienced by AT&T and Verizon customers following severe rainstorms this past winter, and alleged that these outages were the result of inadequate maintenance of the network. TURN also alleged that warm line "phantom calls" were similarly due to inadequate maintenance of the POTS network. Disability Rights Advocates, CalTel (CLECs) and the Division of Ratepayer Advocates (DRA) filed in support of TURN's request. DRA also suggested that service quality rules be applied to VoIP services "in the interest of competitive neutrality."     

CCTA Asks Commission to Reject Excessively Burdensome Regulations for 211 Providers.  Commenting on draft rules governing the provision of 211 dialing for community and social services in times of emergency for areas currently not served by 211 services, CCTA filed comments recommending that the Commission reject excessively restrictive certification requirements for the 211 Lead Entity.  The Commission's draft rules would require non-profit 2-1-1 Lead Entities to meet obligations similar to those imposed on telephone corporations. CCTA also opposed a draft rule that would impose duplicative reporting requirements upon 211 providers.  CCTA noted that 211 providers must recover costs through donations, typically through United Way contributions, and shouldn't be burdened by reporting requirements that are merely duplicative of the CPUC's existing 211 provider reporting requirements.

Regulatory Update -- Week of April 22, 2011

Cable/Broadcaster Technical EAS SubCommittee Meets For First Time.  A technical subcommittee of cable and broadcasters established by CCTA and the California Broadcasters Association (CBA) met this week to discuss issues related to Emergency Alert System (EAS) system limitations and capabilities and how those issues would need to be addressed as California plans for Tsunami tests for the Bay Area, the implementation of the FCC-mandated Common Alert Protocol (CAP) this September, and the FCC-mandated national live code test.  The subcommittee discussed limitations of a proposed "radio only" Tsunami alert test, broadcast system override, "force-tuning", issues stemming from the recent local EAS alerts related to the Japanese Tsunami, and the public education component to EAS messaging.  The subcommittee reached common understanding on each issue - an understanding that is necessary as both broadcasters and cable now work with CalEMA in fashioning the particulars of California EAS testing.

Regulatory Update -- Week of April 8, 2011

Commissioner Mike Florio Event.  The Federal Communications Bar Association (FCBA) will hold an event for CPUC Commissioner Mike Florio on April 12, from 6-8:00 p.m. The event will be at Davis Wright Tremaine, 505 Montgomery, Suite 800. Admission is $25.00 for non members.

Regulatory Update -- Week of April 1, 2011

CPUC Releases Report Entitled "Market Share Analysis of Retail Communications in California 2001 through 2009, Expanding markets, Market Concentration, and the Impact of Merger Activity." In an apparent effort to gear up for a review on the level of competition for basic services, and the need to re-regulate those services, the CPUC's Communications Division (CD) released a Report  entitled "Market Share Analysis of Retail Communications in California 2001 through 2009, Expanding markets, Market Concentration, and the Impact of Merger Activity."  The study concluded that 1) Intermodal competition reduces total market concentration; 2) Wireline telephone is the most concentrated of the individual technology modes; 3) Market concentration remains evident - the overall market is led by only two parent provider companies across all technologies. AT&T's and Verizon's combined market shares of all wireline telephone, wireless, voice, broadband and VoIP subscribership totals 66% of all communication subscribership in California. The study indicated that 54% of fixed broadband was provided by AT&T and Comcast; that 50% of the interconnected VoIP market was provided by Comcast and Time Warner Cable; that 68% of the total voice market, including wireline, wireless and VoIP was provided by AT&T and Verizon; that 66% of all connections in the market were those of AT&T and Verizon. The study concluded that most individual communication technology modes, except VoIP, are HHI concentrated. The Report is dated March 10, 2011, and is available at: Market Share Analysis of Retail Communications in California 2001 - 2009

Inland Empire Gathers Emergency Alert System (EAS) Community.  This week Riverside and San Bernardino Counties hosted a Local Emergency Communications Committee (LECC) meeting where broadcasters, Cable, County Emergency Managers, FCC representatives and state EAS representatives met to discuss the status of the Inland Empire's yet to be adopted 2007 EAS Plan and to explore that general status of federal, state, and local EAS roles and responsibilities.
 
There was a general recognition that local EAS plans in California are rarely reviewed and revised but the FCC's rollout of national EAS tests, Common Alert Protocols (CAP) and other "next generation" EAS necessitates renewed partnerships between CalEMA, local emergency managers, and those providers who convey EAS messages to the public.  Jim Gabbert, Chair of the State Emergency Communications Committee, reported that California's EAS progress continues to wait for federal action on key matters. Fore example, FEMA has yet to release a list of certified EAS devices thereby delaying California's ability to fully comply with the FCC's CAP September 2011 implementation and that more FCC guidance is needed if we are to conduct the first-ever live code National test this fall.
 
Representatives from Charter and Time Warner Cable provided a cable perspective to the group, describing how some cable operators remain under unique local franchise requirements concerning  local EAS. They also reminded county emergency managers and law enforcement officials that Cable serves as a conduit for public warnings and that Cable does not originate warnings.
 
The Inland Empire LECC meeting was recognized as a valuable opportunity for stakeholders to come together to address the evolving EAS landscape and CalEMA and the State Emergency Communications Committee committed to initiate meetings in other local EAS regions throughout the State to help facilitate EAS Plan updates and preparation for next generation EAS.

Regulatory Update -- Week of March 25, 2011

Governor Brown announced this week that he has appointed Mark Ferron as Commissioner of the California Public Utilities Commission. The appointment is Governor Brown's third and final appointment, assuming that President Peevey does not leave the Commission. Commissioner Ferron was a senior partner at Silicon Valley Social Ventures and is a board fellow of the New Teacher Center. From 2001 to 2009 he worked as chief operating officer for the Global Markets Division of Deutsche Bank in London, and has worked previously at Solomon Brothers and the Bank of America. The CPUC Commissioners now includes Commissioners Mark Ferron, Catherine Sandoval, Michael Florio, Timothy Simon and President Michael Peevey.  Ferron, Sandoval and Florio must be confirmed by the California State Senate within one year of their appointment.

 Regulatory Update -- Week of March 11, 2011

CPUC Rulemaking: VoIP Contribution to Public Purpose Programs.   CCTA filed Opening Comments in the CPUC's Rulemaking proposing to require interconnected VoIP providers to contribute and remit surcharges associated with public purpose (universal service) programs, and defining interconnected VoIP providers as "telephone corporations" as the basis for jurisdiction to do so. CCTA's comments focused on the necessity for the Commission to obtain legislation to expand the surcharge base, and given the need for legislation, argued that there was no basis to treat interconnected VoIP providers as telephone corporations for any reason. CCTA's comments were largely mirrored by other providers. TURN's comments argued that interconnected VoIP providers should be classified as telephone corporations for all purposes. The Commission's Consumer Protection and Safety Division filed comments, and a Motion to Modify the Proceeding, both arguing that interconnected VoIP providers should be subject to the Commission's consumer protection rules. Reply Comments are due March 22, 2011. Responses to the CPSD Motion are due April 4, 2011.       

Local Jurisdiction and Public Meetings on Area Code Relief.  Next week, the CPUC will conduct a series of local jurisdiction and public meetings in the South Bay to present plans for establishing a new area code to relieve the near depleted 408 area code.  The telecommunications industry has unanimously recommended that the new 669 area code be implemented in the form of an overlay, a plan that will require ten-digit dialing but will not require existing customers to change area codes.  A plan to split the current 408 (where some customer must change area codes) will also be presented. The North American Numbering Plan Administrator (NANPA) predicts that the 408 will exhaust in the fourth quarter of 2012.  No other California area code is predicted to exhaust within the next 36 months, though yesterday NANPA reported that NXX code assignments nation-wide have rebounded from recession-era lows.  Assignments for 2010 were second only to the year 2006. Moreover, carriers are returning less numbers than ever before suggesting a steady and strong demand for telephone numbers - and area codes.

Regulatory Update -- Week of February 25, 2011

CPUC Rulemaking: VOIP Contribution to Universal Service Surcharges: The CPUC opened a Rulemaking in December 2010 proposing to require interconnected VoIP service providers to contribute and remit surcharges to its public purpose programs, such as the universal service program, the high cost funds, the teleconnect fund and the deaf and disabled fund. The CPUC has tentatively determined that it has the authority to require contributions from VoIP providers, since, "for the purpose of this proceeding" the CPUC has determined that interconnected VoIP service providers are "telephone corporations." Notwithstanding this determination, it is accepted by many that the CPUC will need legislation to implement its proposal. AT&T is now sponsoring AB 841, currently a spot bill introduced by Assembly member Buchanan, to ensure that legislation can be adopted to meet the CPUC goal.  Comments on the Rulemaking are due March 7.     

SBOE Opinion on Possessory Interest Usage Report Confidentiality: Tax Counsel at the State Board of Equalization has provided an opinion concluding that the express terms of confidentiality statutes from the Revenue and Taxation statutes do not require county assessors to keep the Possessory Interests Annual Usage Reports secret. Comments are due by March 4, and an interested parties meeting will be held at the Board's headquarters on March 14, 2011.   

Basic Telephone Rate Deregulation: A Ruling was issued in the High Cost Fund proceeding in December 2010 by Commissioner Bohn, just prior to leaving his office. The Ruling was designed to investigate whether or not competition was sufficient in the telephone market to adequately protect ratepayers from unreasonable rate increases for basic telephone rates, and was released on the heels of total basic telephone rate deregulation in California. In January, President Peevey issued a second Ruling in the proceeding delaying the investigation, and suggesting a potential separate proceeding form the High Cost Fund issue.

New Commissioners at the CPUC: The terms of two CPUC Commissioners, Bohn and Greuneich, expired at the end of 2010. Governor Brown has appointed two consumer advocates,  Catherine Sandoval and Michael Florio to replace them. Both Commissioners must be confirmed by the State Senate but may serve up to one year without confirmation.  A third Commissioner, Nancy Ryan, was never confirmed, and Governor Brown appointed her to the position of Assistant Executive Director at the CPUC, leaving her position as Commissioner open for another Brown appointment. Further it is rumored that current Commission President Peevey may not stay on the Commission for his full term, leaving a fourth potential appointment for Governor Brown.  If that occurs, the only remaining Commissioner appointed by former Governor Schwarzenneger would be Commissioner Simon.      

Regulatory Update -- Week of July 30

CPUC Holds Workshop Addressing E911 in Multi-Line Business Environment
This week the California Public Utilities Commission conducted a two-day workshop to examine the “regulatory contours” of enhanced 9-1-1 provisioning for multi-line telephone systems (MLTS) used by business customers of California local exchange carriers. The Commission heard from CALNENA, the California County Coordinator Task Force, ILECs, vendors, and CalTel regarding the need, challenges, and solutions related to providing accurate caller location and call back information from businesses that rely on MLTS.  Workshop participants recognized that carriers and vendors offer a variety of solutions for providing accurate 911 location data to customers with both traditional PBXs and newer IP based systems. Participants also acknowledged decisions and responsibility ultimately fall on the customer who must decide to subscribe to the proper service and obtain the necessary customer premise equipment needed to facilitate E 9-1-1 provisioning in an MLTS environment.
 
CALNENA recommended that California use model legislation prepared by the National Emergency Number Association (NENA) that would require sufficiently precise caller location information for 9-1-1 calls made using MLTS. The model legislation would apply to workspaces with over 7,000 sq. ft. on a single level, require automatic location identification (ALI) maintenance, and provide limitation of liability for MLTS related providers.
 
In response to questions posed at the workshop by Commissioner Simon, the Assigned ALJ indicated that MLTS-related E9-1-1 testing falls within the scope of the proceeding. The Assigned ALJ also acknowledged that workshop participants believed legislation, and not CPUC regulatory action, was needed. The Commission plans to produce a workshop report followed by the scheduling of working groups this fall.
 

 Regulatory Update -- Week of July 23

PG&E Class Action Suit.  Cable and other communications companies attached to PG&E poles received a Letter for Indemnification from PG&E for legal costs incurred associated with a pending class action suit against PG&E by California landowners. The landowners claim that PG&E has unlawfully allowed third party attachments on its poles, despite the alleged fact that the landowners gave PG&E easement rights limited to the distribution of electricity. Plaintiffs seek not only monetary damages for past practices, but also an injunction prohibiting the continued unauthorized use of the subject easements. Thus the case raises some question regarding cable’s obligation to reimburse, or indemnify PG&E, but also raises much more serious questions regarding the right of cable operators to remain on PG&E poles, as well as potential liability for alleged trespass until now. CCTA is working with its members and outside counsel to defend the industry in the litigation. Obviously, a favorable result for cable will likely deter copy-cat class actions for other utilities in California, as well as in other states; an adverse outcome will guarantee similar cases will be filed in virtually every other state.        

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.

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.

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.

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.

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.

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”).

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.