C. Reimbursements from the ULTS Fund

As a designated ETC, Nexus is eligible to obtain federal Lifeline and Link Up support. Resolution T-16086 points out that ULTS payments from California be reduced by amounts received under the federal ETC program.

Comments

In compliance with PU Code § 311 (g), a notice letter was e-mailed on February 10, 2006, to all Local Exchange Carriers, all facilities-based Competitive Local Carriers, and all facilities-based broadband Commercial Mobile Radio Service carriers, advising parties of the availability of the draft resolution on the Commission website http://www.cpuc.ca.gov/static/documents/index.htm for public comments. In addition, TD informed these parties of the availability of the conformed resolution, when adopted by the Commission, at the same website.

TD received no comments on this resolution.

Findings

1. Resolution T-16086 established a procedure for California telecommunications carriers to request designation as eligible telecommunications carriers.

2. Nexus, Inc. d/b/a/ Nexus Communications TSI, Inc., (Nexus) is a Federal Communications Commission (FCC) licensed, California Public Utilities Commission (CPUC) certificated competitive local exchange carrier.

3. Nexus submitted an application letter requesting designation as an Eligible Telecommunications Carrier (ETC) on December 30, 2005.

4. The notice of filing of the application letter petition was published in the Commission Daily Calendar of January 5, 2006.

5. No protests were received on the request of Nexus for ETC designation.

6. Nexus is requesting for ETC designation in exchanges served in certain Verizon and SBC service areas as shown in Appendices A & B.

7. Nexus states that it provides the following services: Voice-grade access to the public switched network; Local Usage; Dual tone multi-frequency signaling or its functional equivalent; Single-party service or its functional equivalent; Access to emergency services; Access to operator services; Access to interexchange service; Access to directory assistance; and Toll limitation.

8. Nexus states that it provides the above services primarily through the use of Unbundled Network Elements leased from Verizon and SBC.

9. Nexus indicated that it will advertise the availability of its services and the charges for those services in the Designated Area using media of general distribution, as required by FCC rules.

10. Based on the application letter submitted by Nexus to Telecommunications Division (TD), Nexus has substantially complied with the guidelines set in Resolution T-16086 and Federal Communications Commission's service requirements for ETCs. However, TD finds that Nexus should, within 15 days from the effective date of this resolution, send an attestation letter to the Director of TD certifying, under penalty of perjury, that it will comply with the following requirements:

a. Revise its tariffs to include toll limitation as an offered service;

b. Expand its advertisement to other media of general circulation such as newspapers of general distribution, radio, website, annual bill inserts, white page directories, and other means in accordance with FCC Report and Order 97-157 in the matter of Federal-State Joint Board on Universal Service (CC Docket No.96-45); and

c. Comply with all of the requirements applicable to Competitive Local Exchange Carriers as indicated in Appendix B of Decision 04-09-019 dated September 2, 2004, granting Nexus a Certificate of Public Convenience and Necessity.

11. TD should verify that the above requirements have been met.

12. The Director of TD should be given authority to send a final approval letter to Nexus designating Nexus as an ETC after the aforementioned requirements have been met.

13. After final approval is issued by the Director of TD, Nexus, as an ETC, should file information with the federal universal service administrator, the Universal Service Administrative Company (USAC). A copy of the filing of Nexus with the USAC should be provided to the TD Director.

14. A notice letter was e-mailed on February 10, 2006 to all Local Exchange Carriers, all facilities-based Competitive Local Carriers, and all facilities-based broadband Commercial Mobile Radio Service carriers, advising parties of the availability of the draft resolution on the Commission website http://www.cpuc.ca.gov/static/documents/index.htm for public comments. In addition, TD informed these parties of the availability of the conformed resolution, when adopted by the Commission, at the same website.

15. TD received no comments on this resolution.

THEREFORE, IT IS ORDERED that:

1. Nexus, Inc. d/b/a Nexus Communications TSI, Inc., is granted conditional approval as an Eligible Telecommunications Carrier (ETC) in exchanges served by Verizon and SBC as shown in Appendices A & B.

2. Nexus shall comply with all of the requirements applicable to Competitive Local Exchange Carriers as indicated in Appendix B of Decision 02-05-031 dated May 16, 2002.

3. As a condition for being designated as an ETC, Nexus shall, within 15 days from the effective date of this resolution, submit an attestation letter to the Telecommunications Director (TD) Director certifying, under penalty of perjury, that it will:

a) Revise its tariffs to include toll limitation as an offered service;

b) Expand its advertisement to other media of general circulation such as newspapers of general distribution, radio, website, annual bill inserts, white page directories, and other means in accordance with the Federal Communications Commission's (FCC) Report and Order (FCC 97-157) in the matter of Federal-State Joint Board on Universal Service (CC Docket No.96-45); and

c) Comply with all of the requirements applicable to Competitive Local Exchange Carriers as indicated in Appendix B of Decision 04-09-019 dated September 2, 2004, granting Nexus a Certificate of Public Convenience and Necessity.

4. TD shall verify that the above requirements have been met.

5. The TD Director is granted the authority to send a final approval letter to Nexus designating Nexus, Inc. as an ETC after the aforementioned requirements have been met.

4. As a designated ETC, Nexus shall file information with the federal universal service administrator, the Universal Service Administrative Nexus (USAC). A copy of the filing of Nexus with the USAC shall be provided to the TD Director.

This Resolution is effective today.

I hereby certify that this Resolution was adopted by the Public Utilities Commission at its regular meeting on March 15, 2006. The following Commissioners approved it:

STEVE LARSON Executive Director

APPENDIX A

LIST OF EXCHANGES











APPENDIX B

SERVICE MAP