08 Crown Castle DAS - City Council - City of Davis

7901.1.
CPUC Action (See Application of NextG Networks of California,Inc. (U6745C) for
Authority to Engage in Ground-Disturbing Outside Plant Construction (CPUC D. 11-01-
027 and D. 10-10-007)) – The CPUC prepared a negative declaration for NextG’s
project. NextG also challenged NextG’s right to access the PROW under PUC §§ 7901
and 7901.1, asserting that NextG, which like NewPath builds facilities for wireless
providers but does not directly provide wireless services, was not a “telephone
corporation” and that its facilities were not “telephone lines” under PUC § 7901.
o The CPUC disagreed and concluded that NextG is a “telephone corporation”
permitted to use the PROW pursuant to PUC § 7901 and that the CPUC granted
NextG a CPCN as a telephone corporation.
o The CPUC further concluded that PUC § 7901 applies to wireless carriers, as well
as wireline carriers, because the definition of a “telephone line” is broad enough
to reach wireless equipment.
o According the CPUC, the applicability of PUC § 7901 is a determination that lies
exclusively with the CPUC in its regulation of telephone corporations (i.e., the
CPUC asserts it has exclusive jurisdiction to decide applicability of PUC § 7901).
o The validity of the CPUC’s decision is now pending before the Fourth District
Court of Appeal, Division 3 (Court of Appeal Case No. G044796).
State Court Action – NextG challenged the city’s application of its undergrounding and
permitting requirements to NextG under PUC §§ 7901 and 7901.1. The city likewise
challenged NextG’s authority to access the city’s PROW under PUC § 7901.
o In February 2011, the trial court agreed with the CPUC’s ruling that NextG was a
“telephone corporation” and that its wireless facilities were “telephone lines”
pursuant to PUC § 7901.
o The Court of Appeal stayed the trial court action pending resolution of its review
of the CPUC’s decision in Case No. G044796 (see Court of Appeal Case No.
G045030). A status conference is currently set in the trial court for April 13,
2012.
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04-03-12 City Council Meeting 08 - 14