4. Technical Qualifications

An applicant for authority to provide local exchange service must make a reasonable showing of managerial and technical expertise in telecommunications or a related business. Pacific Lightwave supplied biographical information on its management that demonstrates that it has sufficient expertise and training to operate as a telecommunications provider.4

Pacific Lightwave verified that no one associated with or employed by it as an affiliate, officer, director, partner, or owner of more than 10% of it was previously associated with a telecommunications carrier that filed for bankruptcy, or was sanctioned by the Federal Communications Commission (FCC) or any state regulatory agency for failure to comply with any regulatory statute, rule, or order.

Pacific Lightwave also verified that no one associated with or employed by it as an affiliate, officer, director, partner, or owner of more than 10% of it was previously associated with any telecommunications carrier that filed for bankruptcy, or has been found either civilly or criminally liable by a court of appropriate jurisdiction for a violation of Sections 17000, et seq. of the California Business and Professions Code, or for any actions which involved misrepresentations to consumers, nor is currently under investigation for similar violations.

The name Pacific Lightwave has been used by a telecommunications utility, GST Pacific Lightwave Inc., in the past. The Applicant stated that neither it nor its officers are related to GST Pacific Lightwave Inc. in any way.

For the above reasons, we find that Pacific Lightwave is in compliance with the requirements of D.95-12-056.

4 A.09-07-017 at Exhibit H.

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