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8 Addendum Startpage Control Number: 35800 Item Number: 8 Addendum StartPage: 0 Barry T. Smitherman Chairman A Julie Caruthers Parsley :'i Commissioner Paul Hudson Commissioner c~~c~° ~. ~► ~ W. Lane Lanford Executive Director Public Utility Commission of Texas , eel ~ CP TO: Central Telephone Company of Texas d/b/a Embarq Commission Staff - Legal Division Commission Staff - Infrastructure Reliability Division FROM: Andrew Kang Administrative Law Judge RE: Docket No. 35800 - Application of Central Telephone Company of Texas d1b/a Embarq to Amend a Certificate of Convenience and Necessity for a Minor Boundary Change between the Waller Exchange of Embarq Texas and the Plantersville Exchange of Embarq NOTICE OF APPROVAL This notice approves the application of Central Telephone Company of Texas d/b/a Embarq (Embarq) for a minor boundary amendment between the Waller exchange of AT&T Texas (AT&T) and the Plantersville exchange of Embarq. The application was filed pursuant to PURA §§ 14.001, 54.053, and 54.054.' Embarq is requesting to amend the boundary between its Plantersville exchange and AT&T's Waller exchange to accommodate the expansion of the Saddle Creek Subdivision. This docket was processed in accordance with applicable statutes and Commission rules. No protests, motions to intervene, or requests for hearing were filed. Commission Staff recommended approval of Embarq's application. Based on all requirements being met, the following fact statements and legal conclusions are administratively approved. I Public Utility Regulatory Act, TEX. UTIL. CODE ANN. §§ 11.001-66.016 (Vernon 2007 & Supp. 2008) (PURA). ® Printed on recycled paper An Equal Opportunity Employer 1701 N. Congress Avenue PO Box 13326 Austin, TX 78711 512/936-7000 Fax: 512/936-7003 web site: www.puc.state.tx.us 9 Docket No. 35800 Notice of Approval Page 2 of 5 Procedural History 1. On June 20, 2008, Embarq filed an application to amend its Certificate of Convenience and Necessity (CCN) to realign the boundary between its Plantersville exchange and AT&T's Waller exchange within Grimes and Waller Counties. 2. On June 25, 2008, Order No. 1 was filed, requiring comments on sufficiency of application, notice and other procedural matters. 3. On July 8, 2008, Commission Staff filed its response to Order No. 1, stating that the application was sufficient and complete as filed and that Texas Register notice was sufficient notice. Commission Staff also recommended that the application be deemed a minor boundary change. 4. On July 11, 2008, Order No. 2, addressing sufficiency of application and notice; and establishing a procedural schedule was filed acknowledging that Embarq's application was sufficient and materially complete. 5. On July 28, 2008, Commission Staff filed its final recommendation regarding Embarq's application. Commission Staff concluded that Embarq has met the criteria for an amendment to its CCN pursuant to PURA and P.U.C. SuBST. R. 26.101. Commission Staff recommended that the Commission approve Embarq's application. Notice 6. Notice of the application was published in the Texas Register on July 11, 2008. Proiect Description 7. Embarq requested the amendment to its CCN to realign the service area boundary between its Plantersville exchange and AT&T's Waller exchange to serve the expansion of the Saddle Creek Subdivision. 8. Currently a portion of Embraq's Plantersville exchange is part of the expansion of the Saddle Creek subdivision. Embarq has agreed to let AT&T serve the expansion of the Saddle Creek subdivision so that the entire subdivision may be served by one provider, AT&T. Docket No. 35800 Notice of Approval Page 3 of 5 9. Embarq proposes to transfer a small portion of its Plantersville exchange to AT&T's Waller exchange along the Grimes and Waller County line, within the Houston local access and transport area (LATA), within the State of Tex as. 10. Embarq indicated that this minor boundary change request would have no effect on existing customers. 11. Customer notice was sent on May 16, 2008, informing the 12 existing Embarq customers of (1) of a change in their local exchange carrier, (2) that they will be grandfathered with Embarq, and (3) affording them a choice of provider if desired. 12. There would be no change in calling scope, rates or phone numbers. The boundary change would have no effect on telecommunication privacy issues, improvements of service or lowering of cost to consumers in the area, environmental integrity, histo rical and aesthetic values, recreational and park areas, and community values. 13. The new boundary will follow the rear property lots, along the no rthern property lines of Saddle Creek subdivision, to include Sections 2, 3, and 4. Beginning at a point on the Grimes and Waller County line which is the existing boundary line between Embarq and AT&T, this point being the western edge of the Saddle Creek development continue north along the western property line of Saddle Creek Section 4 for 989.96 feet. At this point turning northeasterly along the northern property line of Saddle Creek Section 4 for 5,391.72 feet. At this point continuing on a easterly heading following the northern property line of Saddle Creek Section 2 for 4,119.33 feet. At this point continuing on a easterly heading 180 feet crossing a Houston Lighting & Power Co. 180 foot wide fee strip called 17.42 acres, Volume 250 pg. 668 of Grimes County deed records. At this point continuing easterly heading along the north property line of Saddle Creek Section 3 for 2,102.83 feet. At this point continue south along the eastern property line of Saddle Creek Section 3 for 1,407.06 feet. At this point continue south on the same heading from the southeastern corner of Saddle Creek Section 3 for 480 feet to the Grimes and Waller County line which intersects the existing boundary line between AT&T and Embarq. Docket No. 35800 Notice of Approval Page 4 of 5 Informal Disposition 14. No protests, motions to intervene, or requests for hearing have been filed. No issues of fact or law are disputed by any party. Statutory Findings 1. Embarq is a public utility, as defined in PURA § 51.002(8) and a telecommunications utility, as defined in PURA § 51.002(11). 2. The Commission has jurisdiction over these matters pursuant to PURA §§ 14.001, 54.053, and 54.054. 3. Published notice is not required under P.U.C. Pxoe. R. 22.52(b) because this application is a minor boundary change. 4. Embarq is entitled to approval of the application described above, having demonstrated that the proposed service area boundary change is necessary for the service, accommodation, convenience, or safety of the public within the meaning of PURA § 54.054 and P.U.C. SUSST. R. 26.101(b). 5. The application may be approved without a hearing pursu ant to the Administrative Procedure Act, TEx. Gov'T CODE ANN. 2001.001-.902 (Vernon 2000 & Supp. 2007) (APA). 6. This application does not constitute a major rate proceeding as de fined by P.U.C. P1toc. R. 22.2. 7. The requirements for informal disposition pursuant to P.U.C. PROC. R. 22.35 have been met in this proceeding. OrderinQ Paragraphs 1. Embarq's application for an amendment to its CCN No. 40096 and AT&T's CCN No. 40079 is approved. Embarq is authorized to realign the service area boundary along the Grimes and Waller County line, as indicated in the maps filed with the application. This application affects a limited area; therefore, the notice requirements of P.U.C. PROC. R. 22.52(b) do not apply in this application. Docket No. 35800 Notice of Approval Page 5 of 5 2. The Commission's official service area boundary maps for Embarq and AT&T shall be revised in Central Records in order to reflect this change. 3. All other motions, requests for entry of specific fact statements and legal conclusions, and any other requests for general or specific reliet if not expressly granted herein are denied. SIGNED AT AUSTIN, TEXAS on the J~ay of August 2008. PUBLIC UTILITY COMMISSION OF TEXAS q:\cadm\docket management\telephone\ccn\35000-36xxx\35800 app.docx.
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