5. Technical Qualifications

To be granted a CPCN for authority to provide local exchange and interexchange service, an applicant must make a reasonable showing of managerial and technical expertise in telecommunications or a related business.1 Net Talk supplied biographical information on its management in Exhibit H to its application that demonstrated that it has sufficient expertise and training to operate as a telecommunications provider.

Except as noted below, Net Talk also verified that no one associated with or employed by Net Talk as an affiliate, officer, director, partner, or owner of more than 10% of Net Talk was previously associated with a telecommunications carrier that filed for bankruptcy, was sanctioned by the Federal Communications Commission or any state regulatory agency for failure to comply with any regulatory statute, rule, or order, or has been found either civilly or criminally liable by a court of appropriate jurisdiction for a violation of § 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.

During our review, we discovered that one of Net Talk's management staff appeared to have two social security numbers. In its response to the Ruling, Net Talk stated that it believes the two social security numbers separately belong to the father and son (Senior and Junior) of the same name. This explanation resolves our concern.

Since Net Talk has resolved the issues in question, we find that Net Talk is in compliance with the managerial and technical requirements of D.95-12-056.

1 D. 95-12-056 at Appendix C, Rule 4.A.

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