Assignment of Proceeding

Rachelle B. Chong is the assigned Commissioner and Robert Barnett is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. In D.09-03-009, NH-California was granted a CPCN to provide limited facilities-based and resold local exchange and interLATA and intraLATA services in California.

2. New Horizons has sufficient financial resources to meet the Commission's requirement to provide facilities-based and resold local exchange and interLATA and intraLATA services.

3. New Horizons management has met the requirements for technical and managerial expertise to provide telecommunications services in this state.

Conclusions of Law

1. The Commission will apply the same requirements to a request for approval of an agreement to acquire control of a facilities-based and resale provider of local exchange and interLATA and intraLATA telecommunications services within California as it does to an applicant for authority to provide such services.

2. New Horizons meets the Commission's requirements for the transfer of a CPCN to provide facilities-based and resold local exchange and interLATA and intraLATA telecommunications services.

3. This transaction is in the public interest.

ORDER

IT IS ORDERED that:

1. Pursuant to Public Utilities Code Sections 852 and 854, the application of New Horizons Communication of California Corp. (U7133C) to transfer its Certificate of Public Convenience and Necessity to operate as a limited facilities based and resale provider of competitive local exchange services to New Horizons Communications Corporation (U6896C), is granted.

2. Within 30 days after the transfer is completed New Horizons Communications Corporation shall inform the Communications Division of that fact, at which time Utility ID Number U7133C shall be cancelled.

3. Application 09-07-005 is closed.

This order is effective today.

Dated September 10, 2009, at San Francisco, California.

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