ALJ/JPO/avs * DRAFT Agenda ID #1479
Ratesetting
2/27/2003 H-6
Decision _____________________
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 and Services Division,
interested party.
OPINION DENYING APPLICATION
TABLE OF CONTENTS
Title Page
OPINION DENYING APPLICATION 3
I. Summary 3
II. Application 3
III. Opposition of the Commission's Consumer Protection and Safety Division (CPSD) 3
IV. Background of Worldwide, Clear World and the Mancusos 4
Worldwide 4
Clear World 5
Christopher Mancuso 6
James Mancuso 10
Michael Mancuso 10
Joseph Mancuso 10
V. Discussion of Issues 11
Worldwide-Agreement with WTS 11
Worldwide-False Statement 13
Worldwide-Concealment of True Address 14
Worldwide-Concealment of the Role of Christopher Mancuso 14
Worldwide-Failure to Comply with D.02-06-045 15
Clear World-Slamming 16
Clear World-Altered Document 22
Clear World-Aiding Unlicensed Sale of Telephone Services by Worldwide 23
Clear World-Sale of Telephone Service Without a CPCN 25
Clear World-Adequacy of Financial Records 26
Clear World-Failure to Produce Documents 27
Christopher Mancuso 28
Clear World-Ex Parte Contact 29
VI. Conclusion 30
VII. Categorization and Need for Hearings 31
VIII. Comments on Proposed Decision 31
IX. Assignment of Proceeding 33
Findings of Fact 33
Conclusions of Law 45
ORDER 48
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.
