ALJ/TOM/lil Date of Issuance 4/17/2009
Decision 09-04-009 April 16, 2009
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application of Bigredwire.com, Inc. for Registration as an Interexchange Carrier Telephone Corporation pursuant to the provisions of Public Utilities Code Section 1013. |
Application 07-10-003 (Filed October 3, 2007) |
DECISION GRANTING JOINT PARTIES' MOTION FOR
COMMISSION ADOPTION OF SETTLEMENT AGREEMENT AND
APPROVING SETTLEMENT AGREEMENT
1. Summary
This decision grants the joint motion of Bigredwire.com, Inc. (BRW) and the Commission's Consumer Protection and Safety Division (CPSD) for Commission adoption of a Settlement Agreement in this proceeding (Settlement Agreement) and approves the Settlement Agreement without modification.
The key provisions of the Settlement Agreement are:
· BRW admits the violations of state law and Commission Rules and orders alleged in CPSD's protest, and agrees that the Settlement Agreement is fair and reasonable;
· BRW shall pay a fine of $20,000 to the State General Fund, based on its unlawful operations in this state without a certificate of public convenience and necessity (CPCN) during 2000-2001 and from September 23, 2004 to the present, its failure to pay required fees and surcharges and to file required reports with the Commission from 2000-2008, and its violation of Rule 1.1 by failing to disclose this Commission's revocation of the company's CPCN in 2004 and the sanctions previously imposed by the Florida Public Service Commission. No interest shall accrue on the fine unless BRW defaults on its required payments;
· BRW shall pay all fees and surcharges owed to this Commission for 2008 referencing such payment with their former utility ID# 6484 by no later than August 10, 2008, with no interest, so long as timely payments are made;
· BRW shall pay all fees and surcharges owed to this Commission for the years 2000 through 2007, plus simple interest at the rate of 10% year, which amounts to $41,264.80, in installment payments. As of the payment commencement date, interest shall continue to accrue on the unpaid balance at the rate of 10% per year calculated as compound interest;
· BRW shall file the required reports for 2008 and shall timely file all required reports with the Commission in the future, so long as BRW is operating in this state;
· In order to remedy its violation of Rule 1.1, BRW shall file a new application for registration which discloses the prior revocation of its CPCN by this Commission in Resolution T-16875 in September 2004 and the regulatory sanctions imposed by the Florida Public Service Commission, within 30 days of the effective date of this order;
· CPSD will withdraw its protest to this application within five days of the effective date of this order, but shall continue to monitor BRW's compliance with the Settlement Agreement; and
· CPSD shall take no further enforcement actions against BRW based on the violations stated in the Settlement Agreement, unless BRW breaches the Settlement Agreement or this order.
Based on the above, we find that this Settlement Agreement meets the criteria for adoption stated in Rule 12.1(d),1 2 and that approval of the Settlement Agreement is in the public interest. However, in order to protect the public interest, we require BRW to disclose this order in any future application filed with this Commission for registration or for a CPCN.
We adopt the Settlement Agreement with these changes. We also deny CPSD's request to withdraw its protest, because we believe that the protest should remain part of the record. However, we note that, upon approval of the Settlement Agreement, CPSD does not object to BRW's application for registration.
We deny the motions for leave to file the Joint Stipulation of Undisputed Facts (Stipulation) and the proposed Settlement Agreement under seal, except as related to Paragraphs 21 through 28 of the Stipulation, which state BRW's California Revenues for the years 2000 through 2008. BRW shall file a new redacted version of the Joint Stipulation, consistent with this order, accompanied by a motion for leave to file the Joint Stipulation under seal, within 30 days.
This proceeding is closed.
1 All Rule citations are to the Commission Rules of Practice and Procedure, unless otherwise stated.
2 Rule 12.1(d) states: The Commission will not approve settlements, whether contested or uncontested, unless the settlement is reasonable in light of the whole record, consistent with law, and in the public interest.
