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?STATE OF CALIFORNIA GAVIN NEWSOM, GovernorPUBLIC UTILITIES COMMISSION505 VAN NESS AVENUESAN FRANCISCO, CA 94102-3298August 25, 2021TO PARTIES OF RECORD IN CASE 20-08-018, DECISION 21-08-044:On July 22, 2021, a Presiding Officer’s Decision in this proceeding was mailed to all parties. Public Utilities Code Section 1701.2 and Rule 15.5(a) of the Commission’s Rules of Practice and Procedure provide that the Presiding Officer’s Decision becomes the decision of the Commission if no appeal or request for review has been filed within 30 days of the mailing of the Presiding Officer’s Decision.No timely appeals to the Commission or requests for review have been filed. Therefore, the Presiding Officer’s Decision is now the decision of the Commission.The decision number is shown above. /s/ ANNE E. SIMONAnne E. SimonChief Administrative Law JudgeAES:lilAttachmentALJ/POD-JHE/lilDate of Issuance 8/25/2021Decision 21-08-044BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIATown of Paradise, A California Municipal Corporation,Complainant,cast Phone of California, LLC d/b/a Comcast Digital Phone (U5698C), And AT&T Corporation (U5002C), Defendant.Case 20-08-018Jeffrey T. Melching, Attorney at Law, for Town of Paradise, A California Municipal Corporation, Complainant.Suzanne Toller, Attorney at Law, for Comcast Phone of California, LLC, Defendant. David Miller, for AT&T Corporation, Defendant.DECISION DISMISSING DEFENDANTSummaryThis decision dismisses Comcast Phone of California, LLC, as a defendant to this complaint proceeding with prejudice consistent with the Joint Motion of the Complainant, Town of Paradise, and Co-Defendant, Comcast Phone of California, LLC, doing business as Comcast Digital Phone (U5698C), filed on April 1, 2021. The Proceeding remains open as to Defendant AT&T Corporation. BackgroundOn August 21, 2020, the Town of Paradise (Paradise) filed this complaint naming Comcast Phone of California, LLC d/b/a Comcast Digital Phone (Comcast) and AT&T Corporation (AT&T Corp.) as defendants. In its complaint, Paradise asserts that all facilities of Comcast and AT&T Corp. within Paradise should be located underground, rather than on overhead utility poles, for safety reasons. Specifically, Paradise requests that the Commission order Comcast and AT&T Corp. to replace all overhead facilities within the town’s boundaries with underground facilities. On November 25, 2020, the defendants filed their Answers; the answer of AT&T Corp. was filed jointly with Pacific Bell Telephone Company d/b/a AT&T California (Pac Bell) (together, the AT&T entities), which the AT&T entities assert is the appropriate AT&T company to be named in this complaint. Both Answers noted that Pacific Gas and Electric Company (PG&E), which owns many of the utility poles and other infrastructure within Paradise, is undergrounding its own infrastructure in the area, and should participate in this proceeding as an interested party for informational purposes. Both PG&E and Pac Bell subsequently filed motions for and were granted party status.A prehearing conference (PHC) was held on January 12, 2021, to discuss the issues of law and fact, as well as the schedule and other procedural issues. At the PHC, parties requested assignment of a neutral mediator through the Commission’s Alternate Dispute Resolution Program to support efforts to reach a settlement on all issues. Assistant Chief Administrative Law Judge (ACALJ) Kimberly Kim and Administrative Law Judge (ALJ) Karl Bemesderfer were assigned to mediate the case, and they contacted parties to initiate the mediation on January?15, 2021. At the mediators’ request, the ALJ suspended the litigation schedule for the proceeding on February 12, 2021, to allow parties to focus on mediation and settlement discussions. On April 1, 2021, Paradise and Comcast filed a joint motion stating that they had settled all Comcast-related issues. The litigation schedule for the proceeding remained suspended to allow Paradise and the AT&T entities to continue settlement discussions. Dismissal of Defendant ComcastOn April 1, 2021, Paradise and Comcast reported that they had resolved all Comcast-related issues, and filed a joint motion requesting that the Commission dismiss Comcast as a defendant to this complaint with prejudice. Accordingly, Comcast is dismissed as a defendant to this complaint, with prejudice.Assignment of ProceedingPresident Marybel Batjer is the assigned Commissioner and Jessica T. Hecht is the assigned ALJ in this proceeding.Finding of FactOn April 1, 2021, Paradise and Comcast filed a motion stating that they had settled all Comcast-related issues and asking for Comcast to be dismissed as a defendant with prejudice. Conclusion of LawComcast should be dismissed as a defendant in this case.ORDERIT IS ORDERED that Comcast Phone of California, LLC d/b/a Comcast Digital Phone (U5698C) is dismissed as a defendant to this complaint, with prejudice.This order is effective today.Dated August 25, 2021, at San Francisco, California. ................
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