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ALJ/GEW/MOD-POD/jva Mailed 6/17/2005

Decision 05-06-033 June 16, 2005


Investigation on the Commission's Own Motion Into the Fitness of the Officers, Directors, Owners and Affiliates of Clear World Communications Corporation, U-6039, Including Individual Officers, Directors and Shareholders James, Michael, and Joseph Mancuso, and Into the Conduct of Other Utilities, Entities, or Individuals (including Christopher Mancuso) Who or That May Have Facilitated the Mancusos' Apparent Unlicensed Sale of Telecommunications Services.

Investigation 04-06-008

(Filed June 9, 2004)

Table of Contents

Table of Contents

Findings of Fact 5555

Conclusions of Law 6060

ORDER 6161


1. Summary

Following a lengthy investigation, we conclude that two predecessor companies of Clear World Communications Corporation (Clear World) operated as unauthorized resellers of long distance service in California between the years 1997 and 1999 and were not "agents" of other licensed resellers, and we further conclude that the assets of one of these companies were transferred to Clear World without authorization. Based on penalties assessed in similar cases in the past, we impose a fine of $100,000. As to Clear World itself, we further conclude that while incidents of fraudulent sales of long distance service by some of its telemarketers may have occurred, the evidence is insufficient to show systemic violations by Clear World or its principals. However, because the record demonstrates inconsistencies in regulatory compliance by this company, we impose additional reporting requirements on Clear World to ensure its continued compliance with requirements of the Public Utilities Code. The appeals of the decision of the Presiding Officer by two parties are denied.

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