IV. Technical Qualifications

An applicant must demonstrate technical expertise in telecommunications or a related business. Tex-Link submitted information about its management personnel which demonstrates that Tex-Link has sufficient technical expertise. To further demonstrate its technical competence, Tex-Link represents that:

_ Neither Tex-Link, nor any of its affiliates, officers, directors, partners, or owners of more than 10% of Tex-Link, nor any person acting in such capacity whether or not formally appointed, has been investigated or sanctioned by the Federal Communications Commission (FCC) or state regulatory agency for failure to comply with any regulatory statute, rule, or order.

_ No affiliate, officer, director, partner, or person owning more than 10% of Tex-Link, or anyone acting in such capacity whether or not formally appointed, held one of those positions with a telecommunications carrier that has (1) filed for bankruptcy, or (2) been found criminally or civilly liable for a violation of California Business and Professions Code § 17000 et seq., or for any actions that involved misrepresentations to consumers and, to the best of Tex-Link's knowledge, no such persons are currently under investigation for similar violations.⁴