II. AGREEMENT
9. Acknowledgement. Kingstone acknowledges that under the Commission's Rules of Practice and Procedure, any person who transacts business with the Commission agrees to not "...mislead the Commission or its staff by an artifice or false statement of fact or law" and that Kingstone failed to properly and fully advise the Commission of the issues stated above. Kingstone states that it will fully meet its regulatory and legal obligations and its responsibilities to its customers and members of the public in California. Kingstone agrees that any future application made by Kingstone, its current owners, directors, and/or officers will reference this settlement.
10. Penalty Payment. In order to resolve the issues raised by CPSD in its Protest, Kingstone will pay a total of $6,500 to the State of California's General Fund. Such amount shall be paid in three installments, with the first installment of $2,500 to be paid within 30 days after the date of the Commission's approval of this Agreement, and the second and third installments of $2,000 each to be paid within 60 days and 90 days respectively after the date of the first installment. The memo area of the check shall indicate the Decision number approving this settlement, and shall include the words "for remittance to the State General Fund." The check shall be made payable to the California Public Utilities Commission (CPUC) and sent to the following address: CPUC Fiscal Office, 505 Van Ness Avenue, San Francisco, CA 94102, Attn: Beverly Sligh or Elsa Cerezo.
11. Other Terms and Conditions of Settlement. In order to resolve the issues raised by CPSD in its Protest, Kingstone agrees to engage a regulatory consultant or attorney, at its own expense, to ensure future compliance with the Commission's rules and regulations. An affidavit attesting to this agreement is attached as Attachment 2.
12. Scope and Effect of Agreement. This Agreement represents a full and final resolution of CPSD's Protest, and the matters giving rise thereto. If the Commission does not approve this Agreement in full, it shall have no force and effect.
13. Successors. This Agreement and all covenants set forth herein shall be binding upon and shall inure to the benefit of the respective Parties hereto, their successors, heirs, assigns, partners, representatives, executors, administrators, subsidiary companies, divisions, units, agents, attorneys, officers, and directors.
14. Knowing and Voluntary Execution. The Parties acknowledge each has read this Agreement, that each fully understands the rights, duties and privileges created hereunder, and that each enters this Agreement freely and voluntarily. Each Party further acknowledges that it has had the opportunity to consult with counsel and discuss the provisions hereof and the consequences of signing this Agreement, and that they have not relied and do not rely upon any statement, promise or representation by any other party or its counsel, whether oral or written, except as specifically set forth in this Agreement.
15. Authority to Execute Agreement. The undersigned acknowledge and covenant that they have been duly authorized to execute this Agreement on behalf of their respective principals and that such execution is made within the course and scope of their respective agency or employment.
16. Entire Agreement. The Parties expressly acknowledge that the consideration recited in this Agreement is the sole and only consideration of this Agreement, and that no representations, promises, or inducements have been made by the Parties or any director, officer, employee, or agent thereof other than as set forth expressly in this Agreement.
17. Choice of Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California and the rules, regulations and General Orders of the California Public Utilities Commission.
18. Execution in Counterparts. This Agreement may be executed by any of the Parties in counterparts with the same effect as if all Parties had signed one and the same document. All such counterparts shall be deemed to be an original and shall together constitute one and the same Agreement. A signature transmitted by facsimile shall be regarded as an original signature.
KINGSTONE TELECOMMUNICATIONS, INC.
Dated: March 13, 2012 /s/ JESSE M. AHN
Dated: March 13, 2012 /s/ ANITA TAFF-RICE
Walnut Creek, CA 94597
CONSUMER PROTECTION AND SAFETY DIVISION
Dated: March 13, 2012 /s/ MICHELLE COOKE
Dated: March 13, 2012 /s/ KIMBERLY J. LIPPI
(END OF ATTACHMENT E)
