Assignment of Proceeding
Geoffrey F. Brown is the Assigned Commissioner and Robert Barnett is the assigned Administrative Law Judge in this proceeding.
Findings of Fact
1. The California Environmental Quality Act (CEQA) Guideline Section 15061(b)(3) provides that projects are exempt from CEQA review when it can be seen with certainty that the activity will not have a significant effect on the environment.
2. The proposed transfer will not affect the terms and conditions under which current customers receive service.
3. vCustomer is qualified technically and financially to support the services to be transferred.
4. No term of the proposed transfer contravenes statutory provisions or prior Commission decisions.
5. The transfer of assets is reasonable in light of the record, is consistent with law, and is in the public interest.
6. Transfer of the assets which MCI uses to deliver Contract 03PS5313 are linked to the approval of the assignment of this contract by the Department of General Services (DGS).
1. The transfer of assets subject to this application is exempt from CEQA review pursuant to CEQA Guideline Section 15061(b)(3).
2. The transfer of assets should be approved with the exception that the transfer of the assets used in the provision of Contract 03PS5313 should be approved conditioned upon DGS approval of the assignment to vCustomer of the California Relay Center Services Contract by DGS.
3. The motion of MCI for leave to file confidential materials under seal is granted.
IT IS ORDERED that:
1. MCI WorldCom Communications, Inc. may sell to vCustomer Corporation (vCustomer) the assets and facilities set forth in the Asset Purchase Agreement dated as of April 15, 2005 between the parties.
2. The Commission's permission to transfer the assets used in the provision of the Relay Center Services Contract (03PS5313) becomes effective only upon the approval of the assignment of this contract to vCustomer by the Department of General Services.
3. The authority granted by this decision shall expire if not exercised by July 1, 2006.
4. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
