3. Motion to Withdraw

On June 6, 2011, Applicant formally filed a Motion to Withdraw Application (Motion) with the Commission. Applicant alleged invasive, overly burdensome and unrelated information requests by CPSD. Applicant further alleged mischaracterization by CPSD of the information provided by Applicant. America Net concluded that the "expenditure of time and resources necessary to respond or object to these intrusive and burdensome requests no longer justifies the benefit of pursuing service in the State of California."2

On June 14, 2011, CPSD filed its response to the Motion.3 While CPSD did not object to the Motion, it requested that America Net and its principals be required to disclose the circumstance of this proceeding in all future applications. CPSD alleged evidence of possibly serious violations by America Net and mischaracterization by America Net of CPSD's investigation. CPSD contends that it is charged with ensuring the protection and safety of California consumers which includes thoroughly examining applications for operating authority.

2 Motion to Withdraw, America Net, June 7, 2011, at 2.

3 The assigned ALJ e-mailed the parties on June 9, 2011, limiting the time to respond to the June 6, 2011 Motion to Withdraw to 5:00 p.m. on June 14, 2011.

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