10. Assignment of Proceeding

John A. Bohn is the assigned Commissioner and Bertram D. Patrick is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. Lightyear is authorized by D.04-04-044 to provide facilities-based and resold local exchange and interexchange telecommunications services in California.

2. Applicants seek authorization of the transfer of indirect control of Lightyear whereby Wherify will become the ultimate parent of Lightyear.

3. Pub. Util. Code § 854(a) requires Commission authorization to transfer control of a public utility. Any transfer of control without Commission authorization is void under the statute.

4. Lightyear will continue offering current services and use the same name and authority after the transfer of control.

5. Lightyear is current on reporting and transmitting the user fees applicable to its California operations.

6. Upon completion of the transaction, Lightyear will not change its name or its rates, terms or conditions of service as a result of the change in ultimate control.

7. Applicants contend that the transaction will be transparent to California consumers.

8. There is no opposition to this application.

Conclusions of Law

1. This is a ratesetting proceeding and no hearing is necessary.

2. This application should be approved and become effective immediately because it is not adverse to the public interest.

3. Approval of this application is not a finding of value of the rights and property being transferred.

ORDER

IT IS ORDERED that:

1. Lightyear Network Solutions, LLC (Lightyear) and Wherify Wireless, Inc. (jointly Applicants), are authorized, pursuant to Pub. Util. Code §§ 851-854 to implement the transfer of control as described in the application.

2. The request of Applicants to have the financial information filed with this application kept under seal is granted for two years from the effective date of this decision. During that period, the information shall not be made accessible or disclosed to anyone other than the Commission staff except on the further order or ruling of the Commission, the assigned Commissioner, the assigned Administrative Law Judge (ALJ), or the ALJ then designated as Law and Motion Judge.

3. If the Applicants believe that further protection of the information kept under seal is needed, they may file a motion stating the justification for further withholding of the information from public inspection, or for such other relief as the Commission's rules may then provide. This motion shall be filed no later than one month before the expiration date.

4. Lightyear shall notify the Director of the Commission's Communications Division in writing of the transfer of control, as authorized herein, within 30 days of completion of the transaction. The authority to transfer control granted herein is limited to a 12-month period commencing from the date of this decision.

5. Application 08-08-024 is closed.

This order is effective today.

Dated December 4, 2008, at San Francisco, California.

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