COM/LYN/tah/epg* ALTERNATE DRAFT Agenda ID 1747

Ratesetting

H-6a 2/13/03

Decision ALTERNATE PROPOSED DECISION OF COMMISSIONER LYNCH (Mailed 1/30/03)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Clear World Communications Corporation for a Certificate of Public Convenience and Necessity To Operate as a Provider of Resold Local Exchange Telecommunications Service Within the State of California.

Application 01-09-040 (Filed September 25, 2001)

David A. Simpson, and Dwight Donovan,
Attorneys at Law, for Clear World
Communications Corporation, applicant.

Chris Witteman, Attorney at Law, for the
Consumer Protection & Safety Division (CPSD),
interested party.

OPINION DENYING APPLICATION
AND ORDER TO SHOW CAUSE

TABLE OF CONTENTS

Title Page

OPINION DENYING APPLICATION AND ORDER TO SHOW CAUSE 22

I. Summary 22

II. Application 22

III. Opposition of the Commission's Consumer
Protection and Safety Division (CPSD) 22

IV. Background of Worldwide, Clear World and the Mancusos 33

Worldwide 33

Clear World 44

Christopher Mancuso 55

James Mancuso 99

Michael Mancuso 99

Joseph Mancuso 99

V. Discussion of Issues 99

Worldwide-Agreement with WTS 99

Worldwide-False Statement 1111

Worldwide-Concealment of True Address 1212

Worldwide-Concealment of the Role of Christopher Mancuso 1313

Worldwide-Failure to Comply with D.02-06-045 1414

Clear World-Slamming 1616

Clear World-Altered Document 2222

Clear World-Aiding Unlicensed Sale of Telephone
Services by Worldwide 2323

Clear World-Sale of Telephone Service Without a CPCN 2424

Clear World-Adequacy of Financial Records 2525

Clear World-Failure to Produce Documents 2626

Christopher Mancuso 2727

VI. Conclusion 2828

VII. Categorization and Need for Hearings 3030

VIII. Comments on Proposed Decision 3030

IX. Assignment of Proceeding 3131

Findings of Fact 3232

Conclusions of Law 4444

OPINION DENYING APPLICATION
AND ORDER TO SHOW CAUSE

I. Summary

Clear World Communications Corporation (Clear World) seeks a certificate of public convenience and necessity (CPCN) under Pub. Util. Code § 1001 for authority to resell local exchange telecommunications services as a competitive local carrier. By this decision, we deny the requested authority because Clear World is not fit to provide such services. In addition, we prohibit Christopher Mancuso from any involvement with any utility subject to our jurisdiction, including Clear World, and order Clear World to show cause why it should not be fined for slamming, and have its CPCN to resell interexchange services revoked.