BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF

Order Instituting Rulemaking to Examine Electric Utility De-Energization of Power Lines in R.18-12-005 Dangerous Conditions. (Filed December 13, 2018)

JOINT COMMUNICATIONS PARTIES COMMENTS ON PROPOSED DECISION ADOPTING DE-ENERGIZATION (PUBLIC SAFETY POWER SHUT-OFF) GUIDELINES (PHASE 1 GUIDELINES)

David J. Miller Jeanne B. Armstrong AT&T Services Inc. Goodin, MacBride, 430 Bush Street, Room 310 Squeri & Day, LLP San Francisco, CA 94108 505 Sansome Street, Suite 900 Tel: (415) 268-9497 San Francisco, CA 94111 Fax: (281) 664-9478 Tel: (415) 392-7900 E-mail: [email protected] Email: [email protected] For AT&T For CTIA

Jerome F. Candelaria Charles H. Carrathers III California Cable & Telecommunications Association 2560 Teller Road 100 K Street 2nd floor Newbury Park, CA 91320 Sacramento, CA 95814 Tel: (805) 375-4374 Tel: (916) 446-7732 E-mail: [email protected] Email: [email protected] For Frontier For California Cable & Telecommunications Association Leon M. Bloomfield Law Offices of Leon M. Bloomfield Suzanne Toller 1901 Harrison Street, Suite 1400 Jim Tomlinson Oakland, CA 94612 Davis Wright Tremaine LLP Tel: (510) 625-8250 505 Montgomery Street, Suite 800 Email: [email protected] San Francisco, CA 94111-6533 For T-Mobile West LLC dba T-Mobile Tel: (415) 276-6500 Email: [email protected] Jesus G. Roman E-mail: [email protected] Jane Whang For Comcast Phone of California, LLC Verizon 201 Spear Street, 7th Floor San Francisco, CA 94105 Tel: (415) 778-1022 E-mail: [email protected] For Verizon

Kristin L. Jacobson Mark P. Schreiber Law Offices of Kristin L. Jacobson Patrick M. Rosvall 491 Gray Court, Suite 1 Cooper, White & Cooper LLP Benicia, CA 94510 201 California Street, 17th floor Cell: (707) 816-7583 San Francisco, CA 94111 Office: (707) 742-4248 Tel: (415) 433-1900 E-mail: [email protected] Email: [email protected] Outside Counsel to Sprint For Consolidated Communications of For Sprint Communications California Company and the Small LECs

May 16, 2019

Pursuant to Rule 14.3 of the Rules of Practice and Procedure of the California Public

Utilities Commission (“Commission”), Telephone Company d/b/a AT&T California

(U 1001 C) (“AT&T California”), AT&T Mobility1 and AT&T Corp. (U 5002 C) (collectively

“AT&T”); the California Cable and Telecommunications Association (“CCTA”); CTIA; Cellco

Partnership (U 3001 C) d/b/a Verizon Wireless; Citizens Telecommunications Company of

California Inc. d/b/a Frontier Communications of California (U 1024 C); Frontier

Communications of the Southwest Inc. (U 1026 C) and Frontier California Inc. (U 1002 C)

(collectively “Frontier”); Comcast Phone of California, LLC (U 5698 C); Consolidated

Communications of California Company (U 1015 C); the “Small LECs”;2 Sprint

Communications Company, L.P. (U 5112 C), Sprint Spectrum L.P. (U 3062 C) and Virgin

Mobile USA, L.P. (U 4327 C) (collectively “Sprint”); and T-Mobile West LLC dba T-Mobile

(collectively “Joint Communications Parties”) comment on the Proposed Decision Adopting De-

energization (Public Safety Power Shutoff) Guidelines (Phase 1 Guidelines) issued on April 26,

2019 (“PD”). With the exception of CTIA, which received party status via oral ruling at the

February 19, 2019 prehearing conference, and T-Mobile, which received party status by way of a

March 20, 2019 e-mail ruling of the Assigned Administrative Law Judge, the remainder of the

Joint Communications Parties received party status by virtue of filing comments on the Order

Instituting Rulemaking on February 8, 2019.

1 As used herein, “AT&T Mobility” refers to, collectively, AT&T Mobility Wireless Operations Holdings, Inc. (U 3021 C); New Cingular Wireless PCS, LLC (U 3060 C) d/b/a AT&T Mobility; and Santa Barbara Cellular Systems, Ltd. (U 3015 C). 2 The Small LECs are the following carriers: Calaveras Telephone Company (U 1004 C), Cal-Ore Telephone Co. (U 1006 C), Ducor Telephone Company (U 1007 C), Foresthill Telephone Co. (U 1009 C), Happy Valley Telephone Company (U 1010 C), Hornitos Telephone Company (U 1011 C), Kerman Telephone Co. (U 1012 C), Pinnacles Telephone Co. (U 1013 C), The Ponderosa Telephone Co. (U 1014 C), Sierra Telephone Company, Inc. (U 1016 C), The Siskiyou Telephone Company (U 1017 C), Volcano Telephone Company (U 1019 C), and Winterhaven Telephone Company (U 1021 C).

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I. INTRODUCTION

The Joint Communications Parties’ focus in Phase 1 of this proceeding has been to ensure

clear and advance notification of de-energization events to communication providers, and what such notification should entail. This is so that such providers, to the extent feasible, will be able to maintain their networks and thus allow local safety personnel as well as the general public to rely on communications networks during a de-energization event. The PD recognizes the critical need for such clear and advance notification to communications providers. However, as set forth below, the Joint Communications Parties respectfully suggest that certain revisions are needed to the PD and the proposed De-energization Guidelines (“Guidelines”) to ensure, in the interest of public safety, an effective notification process.

II. THE PD AND GUIDELINES SHOULD BE REVISED TO MAKE CLEAR THAT ADVANCE NOTICE OF DE-ENERGIZATION GIVEN TO COMMUNICATIONS COMPANIES MUST INCLUDE A GIS SHAPEFILE DEPICTING THE EXACT AREA SUBJECT TO DE-ENERGIZATION

The Joint Communications Parties appreciate the fact that the PD includes a specific notification timeline that electric investor-owned utilities (“IOUs”) must adhere to (whenever possible) that includes advance notice for “public safety partners,”3 and that the adopted

definition of the term “public safety partners” includes “communication service providers.”4 The

Joint Communications Parties are concerned, however, that the structure of the PD and the

Guidelines may create some uncertainty regarding the required content of advance notifications

provided to public safety partners – and thus inadvertently impact the public safety negatively.

Section 5.5.2.1 of the PD, titled “Notification Preceding a De-Energization Event –

Public Safety Partners,” provides:

3 See PD at 85 – 86; Appendix A at A-7 – A-8. 4 See PD at 72; Appendix A at A-3.

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For the 2019 wildfire season, the electric investor-owned utilities must make available a Geographic Information System (GIS) shapefile via a secure data transfer process depicting the exact area subject to de-energization to all public safety partners whose jurisdictions will be impacted by the de-energization event, including adjacent jurisdictions that could lose power as a result of de- energization in a high fire threat district (HFTD). Going forward, the electric investor-owned utilities must work to provide a secure data transfer of the de- energization boundary in GIS Representational State Transfer Service (REST) format (or other agreed upon format that is rapidly consumable by existing geospatial and situational awareness tools) and must also show affected circuits and any other information that is requested by public safety partners and can reasonably be provided by the utility, including affected circuits.5

Section 5.3 of the PD, which addresses the advance notice schedule for public safety partners (as well as the IOUs’ customers), provides:

Every effort must be made by the electric investor-owned utilities to provide notice of potential de-energization as early as the electric investor-owned utilities reasonably believe de-energization is likely. At a minimum, notification to public safety partners must occur when a utility activates its Emergency Operations Center in anticipation of a de-energization event or whenever a utility determines that de-energization is likely to occur, whichever happens first. In addition, the electric investor-owned utilities must provide notice when a decision to de- energize is made, at the beginning of a de-energization event, when re- energization begins and when re-energization is complete. The electric investor- owned utilities should, whenever possible, adhere to the following notification timeline: … 48-72 hours in advance of de-energization: notification of public safety partners/priority notification entities …6

The Joint Communications Parities are concerned that although the IOUs clearly are required to provide a GIS map of the entire area subject to de-energization prior to the fire season, there is no similar geographic requirement in Section 5.3. Such section sets forth notice requirements but does not specify the content of the advance notice that must be provided to public safety partners. Having already provided a map of all the circuits that may be subject to de-energization, it is critical the IOUs clearly identify in their initial notice which specific area is planned to be de-energized at that time. Moreover, the use of the phrase “public safety partners

5 PD at 93-93; Appendix A at A-14 – A-15. 6 PD at 85; Appendix A at A-7.

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whose jurisdictions will be impacted” in Section 5.5.2.1 is somewhat ambiguous because

communications service providers, which are public safety partners, do not have “jurisdictions,”

but rather, have service areas within California or provide service statewide.

Therefore, in order to eliminate any possible ambiguity, the Joint Communications

Parties respectfully request minor changes to the PD and the Guidelines:

The Joint Communications Parties request that the PD be clarified to require that IOUs,

48 to 72 hours in advance of a de-energization, provide public safety partners with a GIS

shapefile depicting the exact area to be de-energized.7 Specifically, Section 5.3 of the PD and

the “Timing of Notification” section of the Guidelines should be revised as follows:

Every effort must be made by the electric investor-owned utilities to provide notice of potential de-energization as early as the electric investor-owned utilities reasonably believe de-energization is likely. At a minimum, notification to public safety partners must occur when a utility activates its Emergency Operations Center in anticipation of a de-energization event or whenever a utility determines that de-energization is likely to occur, whichever happens first. In addition, the electric investor-owned utilities must provide notice when a decision to de- energize is made, at the beginning of a de-energization event, when re- energization begins and when re-energization is complete. The first notice of a de-energization event provided to public safety partners must include a GIS shapefile of the exact area to be de-energized, including affected circuits. The electric investor-owned utilities should, whenever possible, adhere to the following notification timeline: … 48-72 hours in advance of de-energization: notification of public safety partners/priority notification entities …

In addition, Section 5.5.2.1 of the PD and the “Notification Preceding a De-Energization

Event” section of the Guidelines should be revised as follows:

For the 2019 wildfire season, the electric investor-owned utilities must make available a Geographic Information System (GIS) shapefile via a secure data

7 The GIS map showing the specific area identified for de-energization in 48-72 hours would be in addition to the GIS map required “[f]or the 2019 wildfire season” showing areas “subject to” the IOU’s de-energization program. (PD at 93-94.) That GIS map, showing the full extent of the IOU’s circuits that might be de-energized during a particular fire season, is essential for advance resource allocation and response planning. The map provided with the 48-72 hour notice is essential to initiate response plans for specific geographic areas.

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transfer process depicting the exact area subject to de-energization to all public safety partners whose jurisdictions or service areas will be impacted by the de- energization event, including adjacent jurisdictions or service areas that could lose power as a result of de-energization in a high fire threat district (HFTD).8

III. THE GUIDELINES SHOULD BE REVISED TO CLARIFY THE EXTENT, AND REQUIRE EXPLANATION, OF THE NOTIFICATION EXCEPTION

The proposed Guidelines correctly require IOUs to implement a notification protocol that starts 48 to 72 hours in advance of a de-energization event, with additional notices sent 24 to 48 hours, and 1 to 4 hours, in advance of the event. This requirement, however, is qualified by the language “whenever possible.” The Joint Communications Parties respectfully request that this exception be expressly limited to circumstances that are beyond an IOU’s control, such as significant changes in forecasted weather conditions. Limiting the use of the exception is particularly important where recipients, such as communications providers, rely on adequate and accurate notice to take actions intended to mitigate network impacts. Moreover, to ensure the exception is not misused, the Commission should require any IOU that fails to adhere to the required notification timeline to provide, as part of its post-de-energization event report to the

Commission, a full explanation of the circumstances that resulted in its failure to provide the required notice. Such information, in addition to stakeholders’ input on the notification process, will be useful to the Commission and its staff in evaluating the efficacy of de-energization as a wildfire mitigation measure and its effective implementation as the Commission continues to refine its guidelines.

Specifically, the “Timing and Notification” section of the Guidelines should be modified as follows:

8 PD at 93-93; Appendix A at A-14 – A-15.

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Except as a result of circumstances beyond the electric investor-owned utilities control, the electric investor-owned utilities should, whenever possible, adhere to the following notification timeline:

o 48-72 hours in advance of de-energization: notification of public safety partners/priority notification entities o 24-48 hours in advance of de-energization: notification of all other affected customers and stakeholders o 1-4 hours in advance of de-energization: notification of all affected customers o When de-energization is initiated o When re-energization begins o When re-energization is complete

In addition, the “What Information Should be Included in Post Event Reporting” section of the

Guidelines should be modified as follows:

 In addition to the reporting requirements in Resolution ESRB-8, the electric investor-owned utilities must provide the following information: … 2) A copy of all notifications, the timing of notifications, the methods of notifications and who made the notifications (the utility or local public safety partners);

3) If an IOU fails to provide the required notifications within the timeframes set forth in the Guidelines, an explanation of the circumstances that resulted in such failure;

…

IV. CONCLUSION

The Commission should approve expeditiously the PD with the modifications set forth

above.

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Respectfully submitted this May 16, 2019, at San Francisco, California.

GOODIN, MACBRIDE,9 SQUERI & DAY, LLP Jeanne B. Armstrong 505 Sansome Street, Suite 900 San Francisco, California 94111 Telephone: (415) 392-7900 Facsimile: (415) 398-4321 E-Mail: [email protected]

By /s/Jeanne B. Armstrong Jeanne B. Armstrong Attorneys for CTIA®

3100/016/X208533.v1

9 In accord with Rule 1.8 of the Commission’s Rules of Practice and Procedure, counsel for CTIA has been authorized to sign this pleading on behalf of each of the Joint Communications Parties.

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