Assignment of Proceeding

Timothy Alan Simon is the assigned Commissioner and Jacqueline A. Reed is the assigned ALJ in this proceeding.

Findings of Fact

1. This consolidated proceeding was initiated on February 8, 2008.

2. Fones4All, which is the complainant in the first of the consolidated proceedings and the defendant in the second, filed for bankruptcy protection in August 2008.

3. Based upon the statutory deadline, this proceeding must be resolved within 12 months of its initiation unless this date is extended.

4. In January 2009, the assigned ALJ issued a ruling holding the consolidated matter in abeyance until Fones4All's bankruptcy case is resolved.

5. In D.09-01-028, the Commission extended the statutory deadline 180 days until August 8, 2009.

6. In D.09-08-016 and D.09-11-022, the Commission twice further extended the statutory deadline another 180 days until February 3, and August 2, 2010, respectively.

7. In D.10-07-010, the Commission extended the statutory deadline until August 2, 2011.

8. A further extension of the 12-month deadline is necessary because it is unlikely that the pending bankruptcy proceeding will be resolved by August 2, 2011, and the remaining issues are complex.

Conclusions of Law

9. The 12-month statutory deadline imposed by Pub. Util. § 1701.2(d) should be extended until December 2, 2011, to accommodate the stay granted these consolidated complaints until the resolution of Fones4All's bankruptcy case and the issuance of the presiding officer's decision on any unresolved issues in this proceeding.

10. This matter should be effective immediately.

IT IS ORDERED that the statutory deadline in this proceeding, August 2, 2011, is further extended one year until December 2, 2011.

This order is effective today.

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

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