Discussion

This is an all-party settlement agreement. In Decision (D.) 05-03-022, we specified four conditions that must be satisfied in order for us to approve an all-party settlement. The sponsoring parties must show the following:

1) The settlement agreement commands the unanimous sponsorship of all parties to the proceeding.

2) The sponsoring parties are fairly reflective of the affected interests.

3) No term of the settlement contravenes statutory provisions or prior Commission decisions; and

4) The settlement conveys to the Commission sufficient information to permit it to discharge its future regulatory obligations with respect to the parties and their interests.

The Settlement Agreement satisfies all four conditions. CPSD and Speedypin Prepaid are the only parties and represent the only affected interests. Nothing in the Settlement Agreement contravenes any statutory provisions or prior Commission decisions and it provides sufficient information for us to discharge our future regulatory obligations with respect to the parties and their interests.

We have historically favored settlements that are fair and reasonable in light of the record as a whole. In this case, although Speedypin Prepaid maintains that its failure to comply with our regulations was inadvertent, it acknowledges that it did fail to comply and as a result, it will pay a fine to the General Fund and modify its operations to insure future compliance. The Settlement Agreement resolves a potentially time-consuming and disruptive dispute and avoids future litigation. The benefits to the public, including the payment to the General Fund and avoidance of litigation, clearly outweigh the benefits of continued litigation with its associated cost and uncertainty of outcome. We conclude that the Settlement Agreement is reasonable in light of the record as a whole, consistent with law, and in the public interest. The draft tariffs submitted with the Application were not rejected by the Commission's Communications Division. Accordingly, we adopt the Settlement Agreement and Applicant is granted a registration CPCN consistent with the terms and conditions set forth in the Settlement Agreement.