BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA ) ) ) ) )

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1 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Order Instituting Rulemaking to Establish Uniform Construction Standards for Pole- Top Antennas. Rulemaking (Filed December 6, 2007 REPLY COMMENTS OF (U 338-E TO ORDER INSTITUTING RULEMAKING TO ESTABLISH UNIFORM CONSTRUCTION STANDARDS FOR POLE-TOP ANTENNAS JAMES M. LEHRER ROBERT F. LeMOINE Attorneys for 2244 Walnut Grove Avenue Post Office Box 800 Rosemead, California Telephone: ( Facsimile: ( Dated: February 15, 2008 LAW #

2 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Order Instituting Rulemaking to Establish Uniform Construction Standards for Pole- Top Antennas. Rulemaking (Filed December 6, 2007 REPLY COMMENTS OF (U 338-E TO ORDER INSTITUTING RULEMAKING TO ESTABLISH UNIFORM CONSTRUCTION STANDARDS FOR POLE-TOP ANTENNAS I. INTRODUCTION AND SUMMARY Pursuant to Rules 6.2 and 14.2 of the Rules of Practice and Procedure of the California Public Utilities Commission (Commission, Southern California Edison Company (SCE respectfully files its Reply Comments to the Order Instituting Rulemaking (OIR to Establish Uniform Construction Standards for Pole-Top Antennas. SCE, PG&E, SDG&E, the Wireless Parties, 1 ExteNet Systems LLC (ExteNet and NewPath Networks LLC (NewPath filed Opening Comments to, which was initiated in response to Petition (P filed by the GO 95/128 Rules Committee. In that Petition, the Rules Committee submitted proposed rule changes, but noted that although a consensus among its members was reached for a majority of the proposed rule changes, consensus was not reached with respect to the vertical clearance required for antennas constructed above electric supply lines. 1 The parties jointly filing as the Wireless Parties are: AT&T Mobility, Crown Castle USA Inc., NextG Networks of California, Inc., Omnipoint Communications, Inc. dba T-Mobile, Sprint Nextel, and Verizon Wireless. 1

3 On February 6, 2008, Administrative Law Judge (ALJ Timothy Kenney issued a ruling setting a pre-hearing conference (PHC for March 5, 2008, ordering the parties to meet and confer, and ordering the parties to file PHC statements by noon on March 3, In their PHC statements (which can be filed jointly by all or some of the parties, the parties must address (i the scope of this proceeding; (ii the exact issues in dispute; (iii the preferred procedures for resolving disputed issues (e.g., comments, workshops, or hearings; and (iv a schedule of milestones that provides a proposed decision to be ready for the Commission meeting on September 18, In light of the upcoming meet and confer with all parties, the filing of PHC statements, and the PHC, SCE will not burden the ALJ and the other parties with extensive reply comments in support of its own positions. Instead, SCE states in these Reply Comments that it affirms its own Opening Comments and supports, in full, the Opening Comments of PG&E and SDG&E. Below, SCE briefly addresses certain irrelevant or erroneous statements made in the Opening Comments of ExteNet and New Path. II. REPLY TO EXTENET AND NEWPATH OPENING COMMENTS In their Opening Comments (at p. 1 ExteNet and NewPath state that (i pole-top antennas are a critical requirement for the continuing deployment of wireless services and (ii that the limited available space in the communications zone on utility poles is becoming exhausted. Both statements are unsubstantiated assertions. First, neither party offers proof that additional wireless networks in California are needed, especially in light of the recent FCC report stating there is effective competition in the CMRS marketplace. 3 Through their Opening Comments, ExteNet and NewPath attempt improperly to entwine their individual business needs and concerns with an 2 ALJ s February 6, 2008 Ruling Setting a Prehearing Conference in, at p See FFC s Twelfth Annual Report to Congress on the State of Competition in the Commercial Mobil Radio Services (CMRS Industry, FCC 08-28, p. 5, available at A1.pdf (report, and (press release. 2

4 otherwise simple and straight-forward deliberative process for considering revisions to GO 95 construction standards. ExteNet and NewPath s individual or collective business ventures and access concerns are not relevant to this matter. ExteNet and NewPath also state (at p. 2 that [t]here is little likelihood that workshops or unverified comments would achieve a different result [as the Rules Committee workshops], as there are disputes on material issues of fact that require an evidentiary record to resolve. However, the workshop process proposed by SCE in its Opening Comments will present an important opportunity for other parties that are not Rules Committee members, like the Consumer Protection and Safety Division, to express their views on the proposed rule changes in a face-to-face environment. And all workshop participants, including ExteNet and NewPath representatives, will benefit from the type of technically oriented workshops that were routinely conducted during proceeding R Specifically, although SCE fully supports the Rules Committee s submittal of new and revised GO 95 rules, there is value in a public vetting within a Commission sanctioned workshop environment. SCE remains hopeful that a series of technical workshops will yield a consensus among the parties on each of the four proposals submitted by the Rules Committee. 4 However, if consensus is unattainable, a Workshop Report that captures the disputed technical issues could be submitted to the assigned Commissioner and ALJ. After reviewing the report, the ALJ could then order evidentiary hearings, but with the knowledge that each proposal was scrutinized for technical validity and that all parties had ample opportunity to participate in the development process. 4 Moreover, SCE notes ExteNet s and NewPath s references to the NESC in their comments even though the CPUC has not adopted the NESC for use in the State of California. Again, SCE recommends that technical workshops are the best forum for discussing all the issues raised by the proposed rule changes. 3

5 III. CONCLUSION SCE appreciates the opportunity to submit these Reply Comments to the OIR. SCE supports the opening of a rulemaking, the need for workshops and perhaps evidentiary hearings, and further supports the proposed rule changes submitted by the Rules Committee relating to the installation of non-utility wireless pole-top antennas. Respectfully submitted, JAMES M. LEHRER ROBERT F. LeMOINE /s/ Robert F. LeMoine By: Robert F. LeMoine Attorneys for 2244 Walnut Grove Avenue Post Office Box 800 Rosemead, California Telephone: ( Facsimile: ( Robert.F.LeMoine@sce.com February 15,

6 CERTIFICATE OF SERVICE I hereby certify that, pursuant to the Commission s Rules of Practice and Procedure, I have this day served a true copy of the REPLY COMMENTS OF SOUTHERN CALIFORNIA EDISON COMPANY (U 338-E TO ORDER INSTITUTING RULEMAKING TO ESTABLISH UNIFORM CONSTRUCTION STANDARDS FOR POLE-TOP ANTENNAS on all parties identified on the attached service list(s. Service was effected by one or more means indicated below. Transmitting the copies via to all parties who have provided an address. First class mail will be used if electronic service cannot be effectuated. Executed this 15th day of February, 2008, at Rosemead, California. _/s/_alejandra Arzola ALEJANDRA ARZOLA PROJECT ANALYST 2244 Walnut Grove Avenue Post Office Box 800 Rosemead, California 91770

7 Friday, February 15, 2008 CASE ADMINISTRATION 2244 WALNUT GROVE AVE., RM 370 ROSEMEAD, CA GREG BASS SEMPRA ENERGY SOLUTIONS 101 ASH STREET. HQ09 SAN DIEGO, CA LEON N. BLOOMFIELD WILSON & BLOOMFIELD LLP 1901 HARRISON ST., SUITE 1620 OAKLAND, CA Andrew Campbell CALIF PUBLIC UTILITIES COMMISSION 505 VAN NESS AVENUE ROOM 5304 SAN FRANCISCO, CA MATT CASELLI PACIFIC GAS AND ELECTRIC 77 BEALE STREET MC B8M BRIAN CHERRY PACIFIC GAS AND ELECTRIC COMPANY PO BOX SAN FRANCISCO, CA PAUL DELANEY AMERICAN UTILITY NETWORK (A.U.N DEER CANYON DRIVE ALTA LOMA, CA Raymond G Fugere CALIF PUBLIC UTILITIES COMMISSION 320 WEST 4TH STREET SUITE 500 LOS ANGELES, CA PAT GEOFFREY PACIFIC GAS AND ELECTRIC 77 BEALE STREET, MC H12A REBECCA W. GILES SDG&E AND SOCALGAS 8330 CENTURY PARK COURT, CP32D SAN DIEGO, CA GRANT GUERRA PACIFIC GAS AND ELECTRIC COMPANY 77 BEALE STREET, MC B30A ROB GUNNIN VICE PRESIDENT SUPPLY COMMERCE ENERGY, INC. 600 ANTON BLVD., SUITE 2000 COSTA MESA, CA KRISTIN L. JACOBSON, ESQ. SPRINT NEXTEL 200 MISSION STREET, SUITE 1400 AKBAR JAZAYEIRI PO BOX 800 ROSEMEAD, CA JOHN JENSEN PRESIDENT MOUNTAIN UTILITIES PO BOX. 205 KIRKWOOD, CA Timothy Kenney CALIF PUBLIC UTILITIES COMMISSION 505 VAN NESS AVENUE ROOM 5021 SAN FRANCISCO, CA GREGORY J. KOSIER PORTFOLIO MANAGER CONSTELLATION NEWENRGY, INC. 350 SOUTH GRND AVENUE, 38TH FLOOR LOS ANGELES, CA ALISON KOTT ASSISTANT CITY ATTORNEY CITY OF ANAHEIM 200 S. ANAHEIM BLVD., SUITE 356 ANAHEIM, CA Page 1 of 3

8 Friday, February 15, 2008 STEPHEN H. KUKTA, ESQ. SPRINT PCS 201 MISSION STREET, SUITE 1400 DOUGLAS LARSON PACIFICORP 201 SOUTH MAIN SALT LAKE CITY, UT PATTY LARSON PACIFIC GAS & ELECTRIC 77 BEALE STREET, MC B8M JAMES M. LEHRER SENIOR ATTORNEY 2244 WALNUT GROVE AVENUE ROSEMEAD, CA ROBERT F. LEMOINE 2244 WLNUT GROVE AVENUE ROSEMEAD, CA CINDY MANHEIM AT&T MOBILITY PO BOX REDMOND, WA CYNTHIA MANHEIM EXECUTIVE DIRECTOR AT&T MOBILITY LLC NE 72ND WAY REDMOND, WA ROBERT MARSHALL PLUMAS SIERRA RURAL ELECTRIC COOP. PO BOX 2000 PORTOLA, CA NICOLE MASON NEXT G NETWORKS OF CALIFORNIA, INC OTOOLE AVE. SAN JOSE, CA MICHAEL MAZAR 3 PHASES ENERGY SERVICES 2100 SEPULVEDA BLVD. STE 38 MANHATTAN BEACH, CA BARRY F. MCCARTHY MCCARTHY & BERLIN, LLP 100 PARK CENTER PLAZA, SUITE 501 SAN JOSE, CA EDWARD R. MCGAH CELLCO PARTNERSHIP DBA VERIZON WIRELESS SAND CANYON AVENUE, E305 IRVINE, CA DAVID J. MILLER AT&T CALIFORNIA 525 MARKET STREET, ROOM 2018 RONALD MOORE SOUTHERN CALIFORNIA WATER COMPANY 630 EAST FOOTHILL BLVD. SAN DIMAS, CA KATIE NELSON DAVIS WRIGHT TREMAINE, LLP 505 MONTGOMERY STREET, SUITE 800 SAN FRANCISCO, CA RICK NOGER PRAXAIR PLAINFIELD, INC BISHOP DRIVE SAN RAMON, CA JOHN A. PACHECO SEMPRA ENERGY 101 ASH STREET, HQ-12 SAN DIEGO, CA STEVE RAHON DIRECTOR, TARIFF & REGULATORY ACCOUNTS SAN DIEGO GAS & ELECTRIC COMPANY 8330 CENTURY PARK COURT, CP32C SAN DIEGO, CA Page 2 of 3

9 Friday, February 15, 2008 BOB RITTER CROWN CASTLE USA, INC CORPORATE DRIVE CANONSBURG, PA EARL NICOLAS SELBY LAW OFFICES OF EARL NICOLAS SELBY 418 FLORENCE STREET PALO ALTO, CA THOMAS J. SELHORST SENIOR PARALEGAL AT&T CALIFORNIA 525 MARKET STREET, RM DON STONEBERGER APS ENERGY SERVICES 400 E. VAN BUREN STRREET PHOENIX, AZ SAM STONEROCK 2885 FOOTHILL BLVD SAN BERNARDINO, CA ANITA TAFF-RICE 1547 PALOS VERDES MALL, SUITE 298 WALNUT CREEK, CA SUZANNE TOLLER DAVIS WRIGHT TREMAINE 505 MONTGOMERY STREET, SUITE 800 SAN FRANCISCO, CA STELLA ZAHARIUDAKIS PACIFIC GAS AND ELECTRIC COMPANY 77 BEALE STREET, MCB10A Page 3 of 3

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA ) ) ) ) )

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Order Instituting Rulemaking to Establish Uniform Construction Standards for Pole- Top Antennas. ) ) ) ) ) Rulemaking 07-12-001 (Filed