5. Assignment of Proceeding

Catherine J.K. Sandoval is the assigned Commissioner, and Kelly A. Hymes is the assigned ALJ in this proceeding.

Findings of Fact

1. Public Utilities Code Section 1013(d) requires that prior to designating any telephone corporation for registration status, the Commission shall adopt rules to verify the financial viability of the corporation and verify that the officers of the corporation have no prior history of committing fraud on the public.

2. Public Utilities Code Section 309.7(b) provides that CPSD shall exercise all powers of investigation granted to the Commission.

3. CPSD is charged with ensuring the protection and safety of California consumers.

4. CPSD is charged with investigating potential telephone corporations to ensure the financial viability of the corporation and to ensure no prior history of fraud.

Conclusions of Law

1. The Motion to Withdraw the Application filed by America Net, LLC should be granted conditionally.

2. Any future filings by America Net, LLC or its principals should include disclosure of the circumstances of this proceeding and its withdrawal.

ORDER

IT IS ORDERED that:

1. The motion of America Net, LLC to dismiss Application 11-04-005 is granted, conditionally.

2. Future filings by America Net, LLC or representatives of America Net, LLC shall disclose the circumstances of this proceeding and its withdrawal.

3. Application 11-04-005 is closed.

This order is effective today.

Dated July 28, 2011, at San Francisco, California.

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