CPUC Certificate of
Public Convenience and Necessity
ATTACHMENT 2.1
438989 - 1 -
A L J / S M W / g d 2 Date of Issuance 12/3/2010
Decision 10-12-004 December 2, 2010
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Application of Mobilitie, LLC for a
Certificate of Public Convenience and
Necessity to Provide Full Facilities-Based
and Resold Competitive Local Exchange
Service, Access and Interexchange Service
in the State of California.
Application 10-07-023
(Filed July 22, 2010)
DECISION GRANTING MOBILITIE, LLC A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY IN ORDER TO PROVIDE RESOLD
AND FULL FACILITIES-BASED LOCAL EXCHANGE SERVICE
AND INTEREXCHANGE SERVICE
1. Summary
Mobilitie, LLC filed an application for a certificate of public convenience and necessity for authority to provide resold and full facilities-based local exchange telecommunications services in the service territories of Pacific Bell Telephone d/b/a AT&T California, Verizon California Inc., Citizens Telecommunications Company of California, Inc., and SureWest Communications, and to provide resold interexchange service in California.
By this decision, we grant Mobilitie, LLC a certificate of public convenience and necessity to provide resold and full facilities-based local exchange telecommunications services and resold interexchange in California on the terms and conditions set forth in the Ordering Paragraphs.
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2. Background
On July 22, 2010, Mobilitie, LLC, (a Nevada limited liability corporation authorized to operate in California as a foreign corporation) filed an application for a certificate of public convenience and necessity (CPCN) to provide resold and full facilities-based telecommunications services in the service territories of Pacific Bell Telephone d/b/a AT&T California (AT&T), Verizon California Inc. (Verizon), Citizens Telecommunications Company of California, Inc. (Citizens), and SureWest Communications (SureWest) and provide interexchange service in California. On July 22, 2010, Mobilitie, LLC also filed a motion for leave to file under seal its Exhibit E to the application. Notice of Application (A.) 10-07-023 appeared on the Commission’s Daily Calendar on July 29, 2010.
On September 1, 2010, the assigned Administrative Law Judge (ALJ) issued Administrative Law Judge Ruling Requiring Applicant to File a Response to Information Request Within 10 Days (Ruling), to which Mobilitie, LLC filed a response on September 7, 2010.
Mobilitie, LLC proposes to provide both intrastate and interstate services on a platform known as a “Distributed Antenna System” (DAS). The services will be customized to the transport and backhaul needs of carrier customers, and may also include services related to fiber based backhaul for macro, micros, and pico cellular sites. Mobilitie, LLC may also provide enterprise data networking services to Internet Service Providers (ISP) or other large enterprise data customers. Mobilitie, LLC’s principal place of business is located at 660 Newport Center Drive, Suite 200, Newport Beach, CA 92660.
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3. California Environmental Quality Act (CEQA)
Pursuant to CEQA and Rule 2.4
1 of the Commissions Rules of Practice and
Procedure, the Commission examines projects to determine any potential environmental impacts in order that adverse effects are avoided and environmental quality is restored or enhanced to the fullest extent possible under CEQA.
In its application and Proponent’s Environmental Assessment, Mobilitie, LLC proposed construction activities that will generally include but not be limited to micro-trenching, regular trenching, directional bore digging, installation of underground conduit in existing rights of way and utility easements, replacement of existing utility poles, installation of new poles, and installation of underground vaults to accommodate communications equipment.
Construction will take place in existing rights-of-way and utility easements.
These activities may fall within the following (Non-Exhaustive) classes of projects that are exempt from CEQA and for which neither an EIR nor a Negative Declaration is required.
• Class 3 Exemption: construction including water main, sewage, electrical, gas and other Mobilitie, LLC extensions of reasonable length to serve such construction. This includes the construction of limited numbers of new small facilities or Mobilitie, LLC extensions. 14 CCR § 15303.
• Class 4 Exemption: minor public or private alterations in the condition of land, water, and/or vegetation which do not involve the removal of healthy, mature, scenic trees except for forestry and agricultural purposes. Among other things, this
1 Unless otherwise noted, items labeled “Rule” are from the Commission’s Rules of Practice and Procedure.
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included filling of earth into previously excavated land with material compatible with the natural features of the site, and minor trenching and backfilling where the surface is restored. 14 CCR § 15304.
• Class 32 (“in fill”) Exemption: applies where: i) the projects are consistent with the applicable general plan designation and applicable general plan policies and applicable zoning designation and regulation; ii) proposed development occurs within city limits on a project site of more than five acres substantially surrounded by urban uses; iii) the project site has no value as habitat for endangered, rare or threatened species; iv) approval of the project would not result in significant effects relating to traffic, noise, air quality, or water quality; and v) the site can be adequately served by all required utilities and public services. 14 CCR § 15332.
Mobilitie, LLC’s proposed activities involve: 1) construction of reasonably short extensions (Class 3); 2) ground disturbing activity limited to primarily minor trenching and back filling (Class 4); and will occur in heavily developed urban and suburban areas which meet the criteria for urban in-fill (Class 32). In order to provide its service, Mobilitie, LLC will install its Distributed Antenna System (DAS), including a Base Station Hotel, Base Transceiver Station (BTS) Equipment, Optical Conversion equipment, fiber optic cable, remote nodes, antenna, underground conduit, and access points, on utility poles and in underground vaults. Exemption of these activities is consistent with Commission precedent. Mobilitie, LLC’s proposed new construction activities are similar to those undertaken by other carriers that we have decided are categorically exempt from CEQA.
2 2 See Decision (D.) 10-04-038 (SnowCrest Telephone, Inc.) and D.10-01-014 (Pacific Lightwave).
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Mobilitie, LLC requests leave to utilize a procedure for expedited review of its projects once it is aware of a specific site(s) in which it plans construction.
The proposed procedure tracks the expedited review process that we have approved for other carriers. Such a process will expedite CEQA review and is appropriate for any type of construction that is categorically exempt. By establishing this expedited review process, we are able to review the information on a specific project to confirm that it is categorically exempt from CEQA or explain why further environmental review is required. At the same time, the proposed CEQA review process will enable Mobilitie, LLC to undertake construction of its projects in an efficient manner without experiencing delays caused by an unnecessarily protracted CEQA review.
Similar to the procedure approved for other carriers, the following procedure will be used to obtain Commission approval of Mobilitie, LLC’s claimed CEQA exemptions for proposed construction projects:
• Mobilitie, LLC will provide the Commission’s Energy Division with:
o A detailed description of the proposed project, including:
• Customer(s) to be served;
• The precise location of the proposed construction project; and
• Regional and local site maps.
o A description of the environmental setting, to include at a minimum:
• Cultural, historical, and paleontological resources;
• Biological resources; and
• Current land use and zoning.
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o A construction workplan, to include:
• Commission Preconstruction Survey Checklist—
Archaeological Resources;
• Commission Preconstruction Survey Checklist—Biological Resources;
• A detailed schedule of construction activities, including site restoration activities;
• A description of construction/installation techniques; • A list of other agencies contacted with respect to siting, land use planning, and environmental resource issues,
including contact information; and
• A list of permits required for the proposed project.
o A statement of the CEQA exemption(s) applicable to the proposed project; and
o Documentation and factual evidence sufficient to support a finding that the claimed exemption(s) is (are) applicable. • The Energy Division will review Mobilitie, LLC’s submission for the proposed project to confirm that the claimed exemption(s) from CEQA are applicable.
• Within 21 days from the date of Mobilitie, LLC’s submittal, the Energy Division will issue either:
o A Notice to Proceed (NTP) and file a Notice of Exemption with the State Clearinghouse, Office of Planning and
Research, or
o A letter of denial stating the specific reasons why the claimed exemption(s) are not applicable to the proposed project.
We have reviewed the application and Supplement and find that:
• Mobilitie, LLC’s proposed facilities-based project activities are very limited;
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• These activities would in almost all circumstances be very likely to qualify for an exemption from CEQA; and
• The proposed process for reviewing the applicability of CEQA exemptions to Mobilitie, LLC’s facilities-based projects is not only adequate for the Commission’s purposes as CEQA Lead Agency, but is also in the public interest because it enables Mobilitie, LLC to respond in a timely manner to requests for service without the delay or burden of a full CEQA review when such review is unnecessary.
We therefore authorize Mobilitie, LLC to follow the process described in the order herein, for Commission review of claimed CEQA exemptions for construction projects undertaken pursuant to Mobilitie, LLC’s full facilities- based authority, based on the specific facts of this case with the following modifications related to the Commission’s Energy Division review and approval or disapproval of the proposed exemptions.
• If the Energy Division disapproves Mobilitie, LLC’s claimed CEQA exemption(s), and issues a letter of denial to Mobilitie, LLC, Mobilitie, LLC must either re-design the specific project and facilities and then reapply for a finding of exemption from CEQA, or file a formal application with the Commission seeking the requisite approval and full CEQA review, before
commencing any construction activities.
Mobilitie, LLC shall not perform any full facilities-based construction activities without first obtaining an NTP from the Energy Division or authorization by the Commission after the requisite environmental review.
We have previously determined that the public convenience and necessity require that competition be allowed in the provision of competitive local exchange service, R.95-04-043/I.95-04-044. Granting this application will benefit the public interest by expanding the availability of technologically advanced telecommunications services within the state.
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4. Financial Qualifications
Pursuant to Rule 4.B of D.95-12-056, an applicant for a CPCN for authority to provide facilities-based local exchange service must demonstrate that it has $100,000 cash or cash equivalent to meet the firm’s start-up expenses. Applicant must also demonstrate that it has sufficient additional resources to cover all deposits required by other telecommunications carriers in order to provide service in California.
In Exhibit E to the application and Exhibit A to its response to the Ruling, Mobilitie, LLC provided bank statements showing that $100,000 plus an amount equal to any deposits required by AT&T, Verizon, Citizens, and SureWest would be available to Mobilitie, LLC. Mobilitie, LLC has therefore demonstrated that it has sufficient funds to meet its start-up expenses and any deposits required by service providers, and has fulfilled this requirement.
5. Technical Qualifications
To be granted a CPCN for authority to provide local exchange and interexchange service, an applicant must make a reasonable showing of managerial and technical expertise in telecommunications or a related business. 3 Mobilitie, LLC supplied biographical information on its management in Exhibit F to its application that demonstrated that it has sufficient expertise and training to operate as a telecommunications provider.
Mobilitie, LLC also verified that no one associated with or employed by Mobilitie, LLC as an affiliate, officer, director, partner, or owner of more than 10% of Mobilitie, LLC was previously associated with a telecommunications
3 D.95-12-056 at Appendix C, Rule 4.A.
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carrier that: filed for bankruptcy; was sanctioned by the Federal Communications Commission or any state regulatory agency for failure to comply with any regulatory statute, rule, or order; or has been found either civilly or criminally liable by a court of appropriate jurisdiction for a violation of § 17000, et seq. of the California Business and Professions Code, or for any actions which involved misrepresentations to consumers, nor is currently under investigation for similar violations.
For the above reasons, we find that Mobilitie, LLC is in compliance with the managerial and technical requirements of D.95-12-056.
6. Tariffs
Commission staff reviewed Mobilitie, LLC’s draft tariffs for compliance with Commission rules and regulations. The deficiencies are noted in Attachment A to this decision. In its compliance tariff filing, Mobilitie, LLC shall correct these deficiencies as a condition of our approval of its application.
7. Map of Service Territory
To be granted a CPCN for authority to provide local exchange service, an applicant must provide a map of the service territories it proposes to serve. 4 In
Exhibit D to the application, Mobilitie, LLC provided a map of the location of its proposed service territory, in compliance with this requirement.
8. General Order 104-A Statement
Rule 3.1(i) sets forth the requirement that a utility filing an application under Pub. Util. Code §1001, provide a statement regarding General Order (GO) 104-A. In Section 14 of the application, Mobilitie, LLC states that it has no
4 D.95-12-056 at Appendix C, Rule 4.E.
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reportable matters pursuant to GO 104-A, Section 2. On a going forward basis, though, Mobilitie, LLC must file all reports required of a public utility under Commission jurisdiction.
9. Expected Customer Base
Mobilitie, LLC provided its estimated customer base for the first and fifth years of operation in Section 15 of its application. Therefore, Mobilitie, LLC has complied with this requirement.
10. Request for Treatment as a Non-dominant Carrier
Mobilitie, LLC requests treatment as a non-dominant carrier, which would include exemption from the requirements of Pub. Util. Code §§ 816-830 concerning stocks and security and § 851 concerning the encumbrance and transfer of Mobilitie, LLC property. The Commission detailed its rules regarding exemption of non-dominant carriers in D.85-01-008, and subsequently modified in D.85-07-081 and D.85-11-044. We grant Mobilitie, LLC’s request for non-dominant carrier status, provided that they follow all rules detailed in the above referenced decisions.
11. Conclusion
We conclude that the application conforms to our rules for certification as a competitive local exchange and interexchange carrier. Accordingly, we grant Mobilitie, LLC a CPCN to provide resold and full facilities-based local exchange telecommunications service in the service territories of AT&T, Verizon, Citizens, and SureWest, and resold interexchange services in California, subject to compliance with the terms and conditions set forth in the Ordering Paragraphs.
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12. Request to File Under Seal
Pursuant to Rule 11.4 of the Commission’s Rules of Practice and Procedure, Mobilitie, LLC has filed motions for leave to file Exhibit E to the application and Exhibit A to its response to the Ruling as confidential materials under seal. Mobilitie, LLC represents that the bank statements included in these exhibits are of a sensitive nature, and disclosure could place Mobilitie, LLC at a competitive disadvantage. We have granted similar requests in the past and do so here.
13. Categorization and Need for Hearings
In Resolution ALJ 176-3259, dated August 12, 2010, the Commission preliminarily categorized this application as ratesetting, and preliminarily determined that hearings were not necessary. No protests have been received.
There is no apparent reason why the application should not be granted. Given these developments, a public hearing is not necessary, and it is not necessary to disturb the preliminary determinations.
14. Comments on Proposed Decision
The proposed decision of ALJ Wilson in this matter was mailed to parties in accordance with Section 311 of the Public Utilities Code, and comments were allowed under Rule 14.3 of the Commission’s Rules of Practice and Procedure.
No comments were filed.
15. Assignment of Proceeding
Timothy Alan Simon is the assigned Commissioner and Seaneen M Wilson is the assigned ALJ in this proceeding.
Findings of Fact
1. Notice of the application appeared on the Daily Calendar on July 29, 2010.
No protests have been filed. A hearing is not required.
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2. The Commission is the Lead Agency for this project under CEQA.
3. Mobilitie, LLC’s proposed construction activity falls within one or more CEQA categorical exemptions.
4. Mobilitie, LLC’s authority to provide local exchange services will not have a significant adverse effect upon the environment.
5. Mobilitie, LLC has a minimum of $100,000 of cash or cash equivalent that is reasonably liquid and readily available to meet its start-up expenses.
6. Mobilitie, LLC has sufficient additional cash or cash equivalent to cover deposits that may be required by other telecommunications carriers in order to provide the proposed service.
7. Mobilitie, LLC’s management possesses sufficient experience, knowledge, and technical expertise to provide local exchange services to the public.
8. No one associated with or employed by Mobilitie, LLC as an affiliate, officer, director, partner, or owner of more than 10% of Mobilitie, LLC was:
previously associated with a telecommunications carrier that filed for bankruptcy; was sanctioned by the Federal Communications Commission or any state regulatory agency for failure to comply with any regulatory statute, rule, or order; or was previously associated with any telecommunications carrier that has been found either civilly or criminally liable by a court of appropriate jurisdiction for a violation of § 17000, et seq. of the California Business and Professions Code, or for any actions which involved misrepresentations to consumers, nor is currently under investigation for similar violations.
9. Except for the deficiencies identified in Attachment A to this decision, Mobilitie, LLC’s draft tariffs comply with the Commission’s requirements.
10. Mobilitie, LLC provided a map of the location of its proposed service territory.
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11. Mobilitie, LLC has no information to report under Rule 3.1(i), which requires that a utility filing an application under Pub. Util. Code §1001, provide a statement regarding compliance with GO 104-A.
12. Mobilitie, LLC provided an estimate of its customer base for the first and fifth year of operation.
13. Pursuant to Rule 11.4, Mobilitie, LLC filed a motion for leave to file confidential materials under seal, including Exhibit E to the application and Exhibit A to its response to the Ruling.
Conclusions of Law
1. Mobilitie, LLC should be granted a CPCN to provide resold and full facilities-based local exchange telecommunications service in the service territories of AT&T, Verizon, Citizens, and SureWest and resold interexchange service in California, subject to the terms and conditions set forth in the Ordering Paragraphs.
2. Mobilitie, LLC should be allowed to use the Energy Division 21-day CEQA exemption process.
3. Mobilitie, LLC, once granted a CPCN, should be subject to the applicable Commission rules, decisions, General Orders, and statutes that pertain to California public utilities.
4. Mobilitie, LLC’s initial tariff filing should correct the tariff deficiencies shown in Attachment A to this decision.
5. Mobilitie, LLC’s motions to file under seal its Exhibit E to the application and Exhibit A to its response to the Ruling, should be granted for two years.
6. Mobilitie, LLC should be granted non-dominant carrier status, subject to Commission rules and regulations as detailed in D.85-01-008 and modified in D.85-07-081 and D.85-11-044.
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ORDER
IT IS ORDERED that:
1. A certificate of public convenience and necessity is granted to Mobilitie, LLC to provide resold and full facilities-based local exchange telecommunications services in the territories of Pacific Bell Telephone d/b/a AT&T California, Verizon California Inc., Citizens Telecommunications Company of California, Inc., and SureWest Communications, and provide resold interexchange service in California, subject to the terms and conditions set forth below.
2. Mobilitie, LLC may not offer competitive local exchange services until tariffs are filed with and authorized by this Commission, in accordance with General Order 96-B and as corrected for deficiencies set forth in Exhibit A.
3. Mobilitie, LLC is granted non-dominant carrier status, subject to Commission rules and regulations as detailed in D.85-01-008 and modified in D.85-07-081 and D.85-11-044.
4. The corporate identification number assigned to Mobilitie, LLC, U-7203-C, must be included in the caption of all original filings with this Commission, and in the titles of other pleadings filed in existing cases.
5. In addition to all the requirements applicable to competitive local exchange carriers and interexchange carriers included in Attachments B, C, and D to this decision, Mobilitie, LLC is subject to the Consumer Protection Rules contained in General Order 168, and all applicable Commission rules, decisions, General Orders, and statutes that pertain to California public utilities.
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6. Mobilitie, LLC must file, in this docket, a written acceptance of the certificate granted in this proceeding within 30 days of the effective date of this order.
7. Mobilitie, LLC must annually pay the user fee and public purpose surcharges specified in Attachment B. Per the instructions in Exhibit E to Decision 00-10-028, the Combined California Public Utilities Commission Telephone Surcharge Transmittal Form must be submitted even if the amount due is $0. Under Public Utilities Code Section 405, carriers that are in default of reporting and submitting user fees for a period of 30 days or more will be subject to penalties including suspension or revocation of their authority to operate in California. Therefore, carriers should report user fees even if the amount due is $0.
8. Prior to initiating service, Mobilitie, LLC must provide the Commission’s Consumer Affairs Branch with the name and address of its designated contact person(s) for purposes of resolving consumer complaints. This information must be updated if the name or telephone number changes, or at least annually.
9. Mobilitie, LLC must notify the Director of the Communications Division in writing of the date that local exchange service is first rendered to the public, no later than five days after service first begins.
10. Mobilitie, LLC must file an affiliate transaction report with the Director of the Communications Division, in compliance with Decision 93-02-019, on a calendar year basis using the form contained in Attachment D.
11. Mobilitie, LLC must file an annual report with the Director of the Communications Division, in compliance with General Order 104-A, on a calendar-year basis with the information contained in Attachment C to this decision.
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12. Mobilitie, LLC must file a tariff within 12 months of the effective date of this order, or its certificate will be cancelled.
13. The staff of the Commission’s Energy Division is authorized to review, process, and act upon Mobilitie, LLC’s requests for a determination that its full facilities-based construction activities are exempt from the requirements of the California Environmental Quality Act.
14. If Mobilitie, LLC wishes to engage in full facilities-based construction activities and believes that these activities are exempt from California Environmental Quality Act, Mobilitie, LLC must first apply to the Commission’s Energy Division staff for a determination of exemption from California Environmental Quality Act using the following procedure set forth below.
Mobilitie, LLC will provide the Commission’s Energy Division with:
a. A detailed description of the proposed project, including:
i. Customer(s) to be served;
ii. The precise location of the proposed construction
project; and
iii. Regional and local site maps.
b. A description of the environmental setting, including at a minimum:
i. Cultural, historical, and paleontological resources; ii. Biological resources; and
iii. Current land use and zoning.
c. A construction workplan, including:
i. Commission Preconstruction Survey Checklist—
Archaeological Resources;
ii. Commission Preconstruction Survey Checklist—
Biological Resources;
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iii. A detailed schedule of construction activities, including site restoration activities;
iv. A description of construction/installation techniques; v. A list of other agencies contacted with respect to siting, land use planning, and environmental resource issues,
including contact information; and
vi. A list of permits required for the proposed project. d. A statement of the California Environmental Quality Act exemption(s) claimed to apply to the proposed project; and e. Documentation supporting the finding of exemption from California Environmental Quality Act.
f. The Energy Division will then review the submittal and notify Mobilitie, LLC of either its approval or its denial of Mobilitie, LLC’s claim for exemption from California Environmental Quality Act review within 21 days from the time that Mobilitie, LLC’s submittal is complete.
g. If the Energy Division approves Mobilitie, LLC’s claimed California Environmental Quality Act exemption(s), the staff will prepare a Notice to Proceed and file a Notice of Exemption with the State Clearinghouse, Office of Planning and Research.
h. If the Energy Division disapproves Mobilitie, LLC’s claimed California Environmental Quality Act exemptions, the staff will issue to MOBILITIE, LLC a letter which states the specific reasons that the claimed California Environmental Quality Act exemptions do not apply to the proposed project.
i. If the Energy Division disapproves Mobilitie, LLC’s claimed California Environmental Quality Act exemption(s), Mobilitie, LLC shall either re-design the specific project and facilities and then reapply for a finding of exemption from California Environmental Quality Act, or file a formal application with the Commission seeking the requisite approval and full California Environmental Quality Act review, before commencing any full facilities-based construction activities.
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15. Mobilitie, LLC’s motions to file under seal its Exhibit E to its application and Exhibit A to its response to Administrative Law Judge Ruling Requiring Applicant to File a Response to Information Request Within 10 Days is granted. The information will remain under seal for a period of two years after the date of this order. During this two-year period, this information will remain under seal and may not be viewed by any person other than the assigned Commissioner, the assigned Administrative Law Judge, the Assistant Chief Administrative Law Judge, or the Chief Administrative Law Judge, except as agreed to in writing by Mobilitie, LLC or as ordered by a court of competent jurisdiction. If Mobilitie, LLC believes that it is necessary for this information to remain under seal for longer than two years, Mobilitie, LLC may file a new motion at least 30 days before the expiration of this limited protective order.
16. This proceeding is closed.
This order is effective today.
Dated December 2, 2010, at San Francisco, California.
MICHAEL R. PEEVEY
P r e s i d e n t
D I A N M . G R U E N E I C H
J O H N A . B O H N
T I M O T H Y A L A N S I M O N
N A N C Y E . R Y A N
C o m m i s s i o n e r s
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Attachment A
List of deficiencies in draft tariff submitted by Mobilitie, LLC in Application 10-07-023 to be corrected in its initial tariff compliance filing.
1. Sheet 11 - Taxes and Surcharges: Utility tariff must concur with the tariff provision for fees and surcharges in AT&T California tariffs pursuant to Resolution T-16901.
(END OF ATTACHMENT A)
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ATTACHMENT B
REQUIREMENTS APPLICABLE TO COMPETITIVE LOCAL EXCHANGE
CARRIERS AND INTEREXCHANGE CARRIERS
1. Applicant shall file, in this docket with reference to this decision number, 1 a written acceptance of the certificate granted in this proceeding within 30 days of the effective date of this order.
2. Applicant is subject to the following fees and surcharges that must be regularly remitted. Per the instructions in Exhibit E to Decision (D.) 00-10-028, the Combined California PUC Telephone Surcharge Transmittal Form must be submitted even if the amount due is $0.
a. The current 1.150% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as
modified by D.95-02-050, to fund the Universal Lifeline Telephone Service Trust Administrative Committee Fund
(Pub. Util. Code § 879; Resolution T-17071, dated
March 1, 2007, effective April 1, 2007);
b. The current 0.200% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as
modified by D.95-02-050, to fund the California Relay
Service and Communications Devices Fund (Pub. Util.
Code § 2881; D.98-12-073 and Resolution T-17127, dated
December 20, 2007, effective January 1, 2008);
c. The user fee provided in Pub. Util. Code §§ 431-435, which is 0.180% of gross intrastate revenue (Resolution M-4819), dated June 7, 2007, effective July 1, 2007;
d. The current 0.110% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as
modified by D.95-02-050, to fund the California High Cost
1 Written acceptance filed in this docket does not reopen the proceeding.
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Fund-A (Pub. Util. Code § 739.3; D.96-10-066, at 3-4,
App. B, Rule 1.C; Resolution T-17259, dated April 8, 2010, effective May 1, 2010);
e. The current 0.450% surcharge (effective December 1, 2009) applicable to all intrastate services except for those
excluded by D.94-09-065, as modified by D.95-02-050, to fund the California High Cost Fund-B (D.96-10-066, p. 191, App. B, Rule 6.F.; D.07-12-054, Resolution T-17215, dated October 15, 2009, effective December 1, 2009.);
f. The current 0.000% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as
modified by D.95-02-050, to fund the California Advanced Services Fund (D.07-12-054); Resolution T-17248, dated
December 17, 2009, effective January 1, 2010; and
g. The current 0.079% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as
modified by D.95-02-050, to fund the California
Teleconnect Fund (D.96-10-066, p. 88, App. B, Rule 8.G; Resolution T-17142, dated April 29, 2008, effective
June 1, 2008).
Note: These fees change periodically. In compliance with Resolution T-16901, December 2, 2004, Applicant should
check the joint tariff for surcharges and fees filed by Pacific Bell Telephone Company (dba AT&T California) and apply
the current surcharge and fee amounts in that joint tariff on end-user bills until further revised.
3. Applicant is a competitive local exchange carrier (CLC). The effectiveness of its future tariffs is subject to the requirements of General Order (GO) 96-B and the Telecommunications Industry Rules (D.07-09-019).
4. Applicant is a non-dominant interexchange carrier (NDIEC). The effectiveness of its future NDIEC tariffs is subject to the requirement of GO 96-B and the Telecommunications Industry Rules (D.07-09-019).
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5. Tariff filings shall reflect all fees and surcharges to which Applicant is subject, as reflected in #2 above.
6. Applicant shall file a service area map as part of its initial tariff.
7. Prior to initiating service, Applicant must provide the Commission’s Consumer Affairs Branch with the name and address of its designated contact person(s) for purposes of resolving consumer complaints. This information shall be updated if the name or telephone number changes, or at least annually.
8. Applicant shall notify the Director of the Communications Division in writing of the date that local exchange service is first rendered to the public, no later than five days after service first begins.
9. Applicant shall notify the Director of the Communications Division in writing of the date local service is first rendered to the public within five days after service begins.
10. Applicant shall notify the Director of the Communications Division in writing of the date interLATA service is first rendered to the public within five days after service begins, and again within five days after intraLATA service begins.
2 11. Applicant shall keep its books an d records in accordance with the Generally Accepted Accounting Principles.
2 California is divided into ten Local Access and Transport Areas (LATAs), each containing numerous local telephone exchanges. InterLATA describes services, revenues and functions relating to telecommunications originating within one LATA and terminating in another LATA. IntraLATA describes services, revenues and functions relating to telecommunications originating within a single LATA.
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12. In the event Applicant’s books and records are required for inspection by the Commission or its staff, it must either produce such records at the Commission’s offices or reimburse the Commission for the reasonable costs incurred in having Commission staff travel to its office.
13. Applicant shall file an annual report with the Director of the Communications Division, in compliance with GO 104-A, on a calendar-year basis with the information contained in Attachment C to this decision.
14. Applicant shall file an affiliate tran saction report with the Director of the Communications Division, in compliance with D.93-02-019, on a calendar-year basis using the form contained in Attachment D.
15. Applicant shall ensure that its employees comply with the provisions of Pub. Util. Code § 2889.5 regarding solicitation of customers.
16. Within 60 days of the effective date of this order, Applicant shall comply with Pub. Util. Code § 708, Employee Identification Cards, and notify the Director of the Communications Division in writing of its compliance.
17. If Applicant is 90 days or more late in filing an annual report, or in remitting the surcharges and fee listed in #2 above, and has not received written permission from the Communications Division to file or remit late, the Communications Division shall prepare for Commission consideration a resolution that revokes Applicant’s CPCN.
18. Applicant is exempt from Rule 3.1(b) of the Commission Rules of Practice and Procedure.
19. Applicant is exempt from Pub. Util. Code §§ 816-830.
20. Applicant is exempt from the requir ements of Pub. Util. Code § 851 for the transfer or encumbrance of property whenever such transfer or encumbrance serves to secure debt.
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21. If Applicant decides to discontinue service or file for bankruptcy, it shall immediately notify the Communications Division’s Director.
22. Applicant shall send a copy of this decision to concerned local permitting agencies no later than 30 days from the date of this order.
(END OF ATTACHMENT B)
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ATTACHMENT C
ANNUAL REPORT
An original and a machine readable, copy using Microsoft Word or compatible format must be filed with the California Public Utilities Commission, State Office Building, 505 Van Ness Avenue, Room 3107, San Francisco, CA 94102-3298, no later than March 31st of the year following the calendar year for which the annual report is submitted.
Failure to file this information on time may result in a penalty as provided for in Pub. Util. Code §§ 2107 and 2108.
Required information:
1. Exact legal name and U # of the reporting Mobilitie, LLC.
2. Address.
3. Name, title, address, and telephone number of the person to be contacted concerning the reported information.
4. Name and title of the officer having custody of the general books of account and the address of the office where such books are kept.
5. Type of organization (e.g., corporation, partnership, sole proprietorship, etc.).
If incorporated, specify:
a. Date of filing articles of incorporation with the Secretary of State. b. State in which incorporated.
6. Number and date of the Commission decision granting the Certificate of Public Convenience and Necessity.
7. Date operations were begun.
8. Description of other business activities in which Mobilitie, LLC is engaged.
9. List of all affiliated companies and their relationship to Mobilitie, LLC.
State if affiliate is a:
a. Regulated public utility.
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b. Publicly held corporation.
10. Balance sheet as of December 31st of the year for which information is submitted.
11. Income statement for California operations for the calendar year for which information is submitted.
12. Cash Flow statement as of December 31
st
of the calendar year for
which information is submitted, for California operations only.
For answers to any questions concerning this report, call (415) 703-2883.
(END OF ATTACHMENT C)
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ATTACHMENT D
CALENDAR YEAR AFFILIATE TRANSACTION REPORT
An original and a machine readable, copy using Microsoft Word and Excel, or compatible format must be filed with the California Public Utilities Commission, State Office Building, 505 Van Ness Avenue, Room 3107, San Francisco, CA 94102-3298, no later than March 31st of the year following the calendar year for which the annual report is submitted.
1. Mobilitie, LLC shall list and provid e the following information for each affiliated entity and regulated subsidiary that Mobilitie, LLC had during the period covered by the Annual Affiliate Transaction Report. • Form of organization (e.g., corporation, partnership, joint venture, strategic alliance, etc.);
• Brief description of business activities engaged in;
• Relationship to Mobilitie, LLC (e.g., controlling
corporation, subsidiary, regulated subsidiary, affiliate); • Ownership of Mobilitie, LLC (including type and percent ownership)
• Voting rights held by Mobilitie, LLC and percent; and • Corporate officers.
2. Mobilitie, LLC shall prepare and submit a corporate organization chart showing any and all corporate relationships between Mobilitie, LLC and its affiliated entities and regulated subsidiaries in #1 above. The chart should have the controlling corporation (if any) at the top of the chart, Mobilitie, LLC and any subsidiaries and/or affiliates of the controlling corporation in the middle levels of the chart, and all secondary subsidiaries and affiliates (e.g., a subsidiary that in turn is owned by another subsidiary and/or affiliate) in the lower levels. Any regulated subsidiary should be clearly noted.
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3. If Mobilitie, LLC has individuals who are classified as “controlling corporations” of Mobilitie, LLC, Mobilitie, LLC must only report under the requirements of #1 and #2 above any affiliated entity that either (a) is a public utility or (b) transacts any business with the utility filing the annual report excluding the provision of tariff services.
4. Each annual report must be signed by a corporate officer of Mobilitie, LLC stating under penalty of perjury under the laws of the State of California (CCP 2015.5) that the annual report is complete and accurate with no material omissions.
5. Any required material that Mobilitie, LLC is unable to provide must be reasonably described and the reasons the data cannot be obtained, as well as the efforts expended to obtain the information, must be set forth in Mobilitie, LLC’s Annual Affiliate Transaction Report and verified in accordance with Section I-F of Decision 93-02-019.
6. Utilities that do not have affiliated entities must file, in lieu of the annual transaction report, an annual statement to the Commission stating that Mobilitie, LLC had no affiliated entities during the report period. This statement must be signed by a corporate officer of Mobilitie, LLC, stating under penalty of perjury under the laws of the State of California (CCP 2015.5) that the annual report is complete and accurate with no material omissions.
(END OF ATTACHMENT D)
ATTACHMENT 2.2
CPUC Name Change Acceptance
STATE OF CALIFORNIA Governor
PUBLIC UTILITIES COMMISSION
505 Van Ness Avenue
San Francisco CA 94102-3298
GAVIN NEWSOM,
Boldyn Networks Us Llc
IEC (Corp ID 7203)
Status of Advice Letter 17
As of November 3, 2023
Division Assigned: Telecommunications
Date Filed: 09-01-2023
Date to Calendar: 09-04-2023
Authorizing Documents:
Disposition:
Effective Date:
Resolution Required: No
Resolution Number: None
Commission Meeting Date: None
CPUC Contact Information:
AL Certificate Contact Information:
Advises Commission of name change from Mobilitie, LLC to Boldyn Networks US LLCSubject:
None
Accepted
11-03-2023
John Clark
[email protected]
925-367-5808
[email protected]
To: Telecommunications Carrier Filing Advice Letter
From: Telecommunications Division PAL Coordinator
Subject: Your Advice Letter Filing
The Telecommunications Division of the California Public Utilities Commission has processed your recent Advice Letter (AL) filing and is returning an AL status certificate for your records.
The AL status certificate indicates:
Advice Letter Number
Name of Filer
CPUC Corporate ID number of Filer
Subject of Filing
Date Filed
Disposition of Filing (Accepted, Rejected, Withdrawn, etc.) Effective Date of Filing
Other Miscellaneous Information (e.g., Resolution, if applicable, etc.) The Telecommunications Division has made no changes to your copy of the Advice Letter Filing; please review your Advice Letter Filing with the information contained in the AL status certificate, and update your Advice Letter and tariff records accordingly.
All inquiries to the California Public Utilities Commission on the status of your Advice Letter Filing will be answered by Telecommunications Division staff based on the information contained in the Telecommunications Division's PAL database from which the AL status certificate is generated. If you have any questions on this matter please contact the:
Telecommunications Division PAL Coordinator by e-mail to [email protected]
STATE OF CALIFORNIA Governor
PUBLIC UTILITIES COMMISSION
505 Van Ness Avenue
San Francisco CA 94102-3298
GAVIN NEWSOM,