VIII. Comments on Proposed Decision

The proposed decision (PD) of ALJ Jeffrey P. O'Donnell in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(d), and Rule 77.7 of the Commission's Rules of Practice and Procedure.

Both CPSD and Clear World filed comments on the PD. CPSD generally supported the PD, but felt that it did not go far enough. Clear World opposed the PD. All comments were considered. To the extent that the PD contained errors, they have been corrected. To the extent that revisions were necessary, we have made them. However, there are a few of Clear World's allegations that warrant a separate discussion.

Clear World alleges that the PD improperly evaluates the actions of Worldwide, including the agreement between Worldwide and WTS without including Worldwide or WTS as parties to this proceeding. Clear World is incorrect. The actions of Worldwide, and the agreement between it and WTS are addressed only as they relate to Joseph and James Mancuso. Joseph Mancuso, the owner of Worldwide, had ample opportunity to participate, and James Mancuso did participate in this proceeding. In addition, neither this decision nor the PD take any action against Worldwide or WTS.

Clear World says that the PD improperly holds it responsible for the actions of Christopher Mancuso. This is incorrect. The PD holds Clear World responsible for its actions, and the actions of Joseph, James and Michael Mancuso.

Clear World says that the PD fails to address its financial, technical and managerial qualifications. Since we find that Clear World is not fit to provide local exchange services, its financial, technical and managerial qualifications are moot, and it is not in the public interest to grant the application.

Clear World objects to the PD's order to show cause (OSC) why it should not be fined for slamming, and have its existing CPCN revoked. CPSD says that the OSC does not go far enough. Upon further consideration, we believe that an OII would be a more appropriate vehicle because it would allow a more comprehensive investigation of Clear World. Therefore, we will not issue an order to show cause, and will consider an OII.