This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Section 311(g)(2) of the Public Utilities Code and Rule 14.6(c)(2) of the Commission's Rules of Practice and Procedure, the otherwise applicable 30-day period for public review and comment is waived.
Findings of Fact
1. On January 11, 2011, Americatel and CPSD filed a joint motion requesting the Commission to adopt a settlement agreement entitled "Settlement Agreement in the Above-Referenced Order Instituting Investigation."
2. All parties have agreed to settle this proceeding.
3. All issues in this proceeding are encompassed by, and resolved in, the Settlement Agreement.
4. The parties to the Settlement Agreement are all of the active parties in this proceeding.
5. The parties reflect the affected interests.
6. No term of the Settlement Agreement contravenes statutory provisions or prior Commission decisions.
7. The Settlement Agreement conveys to the Commission sufficient information to permit it to discharge its future regulatory obligations with respect to the parties and their interests.
8. The Settlement Agreement is reasonable in light of the record, is consistent with the law, and is in the public interest.
9. The operational actions set forth in Attachment A to the Settlement Agreement are reasonable.
10. The $503,000 payment by Americatel to the State of California is reasonable.
Conclusions of Law
1. The Settlement Agreement fully resolves and settles all disputed issues among the parties concerning the Order Instituting Investigation on Americatel Corporation.
2. The Settlement Agreement we approve is reasonable in light of the whole record, consistent with law, and in the public interest.
3. The Settlement Agreement should be approved.
4. This decision should be effective today so that the Settlement Agreement may be implemented expeditiously.
5. I.10-02-003 should be closed.
ORDER
IT IS ORDERED that:
1. The Joint Motion of the Consumer Protection and Safety Division and Americatel Corporation For Acceptance of Prepared Testimony For Purposes of Supporting Settlement Agreement is granted.
2. The Consumer Protection and Safety Division and Americatel Corporation Settlement Agreement set forth in Attachment A to this decision is approved.
3. Within 30 days of today's date, Americatel Corporation shall make a payment of $43,000 to the Commission. Thereafter, for a total of 23 months, Americatel Corporation shall make monthly payments of $20,000 to the Commission, due no later than the 10th day of each month in compliance with this decision.
4. Americatel Corporation shall immediately initiate implementation of all the operational changes identified in Exhibit A of the Settlement Agreement, if it has not otherwise done so. Full implementation shall occur within a reasonable period of time.
5. Investigation 10-02-003 is closed.
This order is effective today.
Dated May 5, 2011, at San Francisco, California.
MICHAEL R. PEEVEY
President
TIMOTHY ALAN SIMON
MICHEL PETER FLORIO
CATHERINE J.K. SANDOVAL
MARK FERRON
Commissioners