X. RECOMMENDATIONS

Based on Staff's findings in this report, CPSD requests that the Commission open an OII into OSP's actions. CPSD believes that competent evidence exists to warrant an OII.

If the Commission finds that OSP violated any laws, rules, or regulations of this State as described in this report, the Commission should impose penalties against OSP and John Vogel and consider other restrictions on John Vogel, including whether he should be allowed to provide telecommunications service or place charges on telephone bills of California consumers. Since Mr. Vogel was the sole officer and the only

managing member of OSP, it appears that Mr. Vogel controlled and participated directly in the cramming of hundreds of thousands of California consumers. Therefore, Staff believes Mr. Vogel should be held personally liable for apparently defrauding California consumers and should be appropriately sanctioned and fined.