General Order 95
SETTLEMENT AGREEMENT AMONG AT&T CALIFORNIA, CALIFORNIA CABLE & TELECOMMUNICATIONS ASSOCIATION, CLEARLINX NETWORK CORPORATION, COMMUNICATIONS WORKERS OF AMERICA DISTRICT 9, CONSUMER PROTECTION AND SAFETY DIVISION, CROWN CASTLE USA INC., INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 1245, NEW CINGULAR WIRELESS PCS, LLC, NEXTG NETWORKS OF CALIFORNIA INC., OMNIPOINT COMMUNICATIONS, INC., dba T-MOBILE, PACIFIC GAS AND ELECTRIC COMPANY, SOUTHERN CALIFORNIA EDISON COMPANY, SPRINT NEXTEL, VERIZON CALIFORNIA INC., VERIZON WIRELESS AND WILLIAM ADAMS
1. On February 24, 2005, the Commission issued an Order Instituting Rulemaking in R.05-02-023 to consider a new rule to GO 95 to establish uniform construction standards for attaching wireless antennas to jointly used utility poles.
2. Evidentiary hearings were conducted in the proceeding on February 7-9, 2006, during which the Commission heard testimony from nine witnesses and received 22 exhibits into evidence.
3. Opening and reply briefs were filed on March 13 and 28, 2006, respectively, at which time the matter was submitted for Commission decision.
4. On April 25, 2006, the Assigned Administrative Law Judge, ALJ Walker, issued his Proposed Decision (“the PD”). Opening and Reply Comments on the PD were filed on May 15 and 22, 2006, respectively. ALJ Walker has issued two revised versions of his Proposed Decision, which adopted Proposal 1 in its entirety, including the provisions of Rule 94.6 and 94.7.
5. On July 18, 2006, several parties in the proceeding submitted a joint petition to set aside submission of the proceeding pursuant to Rule 84 of the Commission’s Rules of Practice and Procedure. The petition requested the Commission set aside the submission of the proceeding temporarily to allow the parties to pursue settlement discussions. On July 20, 2006, Assigned Commissioner Geoffrey F. Brown and Administrative Law Judge Michelle Cooke ruled that the parties shall submit any settlement on or before August 10, 2006.
6. Pursuant to Rule 51.1(b) of the Commission’s Rules of Practice and Procedure, on July 28, 2006, the Settling Parties served notice of a settlement conference to be held telephonically on August 4, 2006.
7. On August 4, 2006, the settlement conference was held as scheduled. Following the settlement conference, the Settling Parties continued settlement discussions, resulting in this Agreement.