08-21-1996 - Laserfiche WebLink

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• State Level • • California Public Utilities Commission In 1911, California voters passed a constitutional amendment establishing the Railroad Commission. In 1946, the Railroad Commission was renamed the California Public Utilities Commission (CPUC). The CPUC has broad powers to regulate safety, standards of service, and rates paid to privately-owned companies that provide public utilities in California. The CPUC, whose members are appointed by the Governor and approved by the Senate, has a quasi-legislative and quasi-judicial authority in that it establishes and enforces administrative regulations, and,like a court of law,may take testimony,subpoena witnesses and records,and issue decisions and orders. Of the three types of wireless communications services discussed in this paper, the CPUC presently regulates only cellular providers, which are considered public utilities. The CPUC regulates the terms and conditions of cellular service in the state. However, federal-legislation preempts the authority of the CPUC to regulate cellular rates and market entry. As previously noted, ESMR licensees operate private systems, over which the CPUC has no jurisdiction pursuant to federal legislation. At this time, the CPUC also has no regulatory authority over PCS providers. However, the CPUC may pursue acquiring the authority to regulate the terms and conditions of both ESMR and PCS services (as it currently regulates the cellular industry), given that both ESMR and PCS providers will be considered common carriers in the federal regulatory framework. General Order 159 The primary state regulation governing cellular providers is General Order 159 (G.O. 159), which was approved by the CPUC in 1990. The purpose of G.O. 159 is to ensure that: (1) the potential environmental impacts of all cellular sites are reviewed and considered in a manner consistent with the California Environmental Quality Act (CEQA); (2) affected local citizens, orgsni7ations, and jurisdictions are given reasonable notice and opportunities for input into the review process; (3) the public health and welfare, and zoning concerns of local jurisdictions are addressed; (4) cellular service providers-are not tmnecessaril delayed-by site-review;-and (5)-cellular-service-providers provide high quality, reliable and widespread cellular service to California residents. The main requirement imposed by the CPUC on cellular carriers is that they comply with all local rules and regulations. Under G.O. 159, cellular communications facilities may not be constructed until a carrier demonstrates that it has complied with all local regulations and obtained the necessary permits, and has filed with the CPUC either an advice letter or an application for preemptive authority to construct. The CPUC also actively enforces rules to assure compliance with local requirements and has the authority to override local decisions. The CPUC essentially serves as an agency of last resort, to which providers may appeal local determinations when all other local avenues for appeal are exhausted. Although the CPUC has the ability to override local decisions, it has used this preemptive authority in only one case in California, where a cellular 23