Timothy Alan Simon is the assigned Commissioner and Darwin E. Farrar is the assigned ALJ in this proceeding.
Findings of Fact
1. On November 20, 2008, CVT filed an application for a certificate of public convenience and necessity to provide inter- and intra-local access and transport area services in California as a non-dominant interexchange carrier.
2. The CPSD of the California Public Utilities Commission filed a protest to the CVT application on January 2, 2009.
3. CVT claims to have transferred all of its assets related to the provision of prepaid calling card services, to STi on December 1, 2008.
4. A PHC was held on Wednesday, April 15, 2009; the only appearance made was by the CPSD of the California Public Utilities Commission.
5. On May 12, 2009, CVT filed a Motion to Withdraw A.08-11-022.
6. The Commission's CPSD requested that certain conditions be placed on CVT and/or its principals if CVT is allowed to withdraw A.08-11-022.
Conclusions of Law
1. CVT filed a Motion to Withdraw A.08-11-022 on May 12, 2009, pursuant to Rule 11 of the Commission's Rules of Practice and Procedure.
2. It is appropriate to treat CVT's motion as seeking dismissal pursuant to Rule 11.2 rather than withdrawal under Rule 11 of the Commission's Rules of Practice and Procedure.
IT IS ORDERED that:
1. CVT Prepaid Solutions, Inc.'s application in this proceeding is dismissed.
2. CVT Prepaid Solutions, Inc. and any of its current directors, officers or owners of more than 10% of outstanding shares are required to reference this application, the Commission's Consumer Protection and Safety Division's protest and this Decision in any future applications for authorization to provide telecommunications services in California.
3. Application 08-11-022 is closed.
This order is effective today.
Dated October 15, 2009, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners