ALJ/TOM/hkr Date of Issuance 8/4/2010
Decision 10-07-023 July 29, 2010
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application of Broadvox-CLEC, LLC for a Certificate of Public Convenience and Necessity to Provide Resold and Limited Facilities-Based Local Exchange and Interexchange Telecommunications Services within California. |
Application 09-06-004 (Filed June 4, 2009) |
DECISION GRANTING JOINT PARTIES' MOTION
FOR COMMISSION ADOPTION OF SETTLEMENT AGREEMENT
AND APPROVING SETTLEMENT AGREEMENT
1. Summary
This decision grants the joint motion of Broadvox-CLEC, LLC (Broadvox) and the Commission Consumer Protection and Safety Division (CPSD) for Commission adoption of a settlement agreement in this proceeding (Settlement Agreement) and approves the Settlement Agreement without modification.
Under the terms of the Settlement Agreement, Broadvox has agreed to pay a fine of $5,000 based on its failure to disclose a previous bankruptcy of an affiliate and regulatory violations by its affiliates in this application in violation of Rule 1.1,1 2 to file an amendment to this application which includes more complete disclosures, and to provide CPSD with verification that Mr. Engin Yesil (Yesil), who at the time of the application owned approximately 16.96 percent of Broadvox, no longer participates in any way in the management of the company. Broadvox's affiliates owned or managed by Yesil have had severe regulatory problems in a number of states. In return, CPSD has agreed to withdraw its protest to this application and to take no further enforcement action against Broadvox based on the issues raised in the protest, so long as Broadvox does not breach the Settlement Agreement or commit subsequent violations of Rule 1.1, other Commission Rules and regulations, or applicable sections of the Public Utilities Code.
Based on the above, we find that this Settlement Agreement meets the criteria stated in Rule 12.1(d), and that approval of the Settlement Agreement is in the public interest. We approve the Settlement Agreement as drafted by the parties, with the additional requirement that Broadvox shall reference this decision in any subsequent applications to the Commission.
This proceeding shall remain open so that Broadvox may file an amendment to the application as consistent with the Settlement Agreement.
1 All Rule citations are to the Commission Rules of Practice and Procedure, unless otherwise stated.
2 Rule 1.1 States:
1.1. (Rule 1.1) Ethics.
Any person who signs a pleading or brief, enters an appearance, offers testimony at a hearing, or transacts business with the Commission, by such act represents that he or she is authorized to do so and agrees to comply with the laws of this State; to maintain the respect due to the Commission, members of the Commission and its Administrative Law Judges; and never to mislead the Commission or its staff by an artifice or false statement of fact or law.
