STATE OF CALIFORNIA GRAY DAVIS, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

8

March 27, 2002 4/4/02

Agenda ID #382

TO: PARTIES OF RECORD IN APPLICATION 99-04-011

This is the proposed decision of Administrative Law Judge (ALJ) O'Donnell. It will be on the Commission's agenda at the meeting on April 4, 2002. The Commission may act then, or it may postpone action until later.

When the Commission acts on the proposed decision, it may adopt all or part of it as written, amend or modify it, or set it aside and prepare its own decision. Only when the Commission acts does the decision become binding on the parties.

Public Utilities Code Section 311(d) provides that there must be a 30-day review and comment period on proposed decisions, unless there is an unforeseen emergency situation, the parties to the proceeding so stipulate, or otherwise provided by law. In this case, all parties have stipulated to reduce the comment period to three days.

Parties to the proceeding may file comments on the proposed decision as provided in Article 19 of the Commission's "Rules of Practice and Procedure." These rules are accessible on the Commission's website at http://www.cpuc.ca.gov. In addition to service by mail, parties should send comments in electronic form to those appearances and the state service list that provided an electronic mail address to the Commission, including ALJ O'Donnell at jpo@cpuc.ca.gov. Finally, comments must be served separately on the Assigned Commissioner, and for that purpose I suggest hand delivery, overnight mail, or other expeditious methods of service.

/s/ CARL K. OSHIRO

Carl K. Oshiro, Interim Chief

Administrative Law Judge

CKO:tcg

Attachment

ALJ/JPO/tcg DRAFT 8

4/4/02

Agenda ID #382

Decision PROPOSED DECISION OF ALJ O'DONNELL (Mailed 3/27/2002)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

VarTec Telecom, Inc. for a Certificate of Public Convenience and Necessity To Offer Local Exchange and Access Services and to Acquire the Majority Membership Interest in, and the Certificate of Public Convenience and Necessity of Choctaw Communications, LLC.

Application 99-04-011 (Filed April 14, 1999)

OPINION

Daniel W. Douglass, and Philip L. Chabot, Jr., Attorneys at Law, for VarTec Telecom, Inc., applicant.

Cleveland W. Lee, Attorney at Law, for the Consumer Services Division, interested party.