ALJ/TRP/epg DRAFT CA-7

1/4/2001

Decision DRAFT DECISION OF ALJ PULSIFER (Mailed 12/5/2000)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Cmetric, Inc., for a certificate of public convenience and necessity to provide competitive local exchange services and high speed digital private line communications service.

Application 00-02-017 (Filed February 11, 2000)

O P I N I O N

By this decision, we dismiss the above-referenced application of Cmetric, Inc. (Applicant)¹ for lack of prosecution. Applicant, a Delaware Corporation, originally requested a Certificate of Public Convenience and Necessity (CPCN) for facilities-based and resale local exchange and interexchange authority through the filing of a petition (Petition # 146) in the Local Competition Dockets (R.95-04-043/I.95-04-044). Applicant was granted limited facilities-based and resale local exchange and interexchange authority in Decision (D.) 98-10-025 in that proceeding. As prescribed in that decision, the facilities-based authority was limited to the placement of facilities on or in previously existing buildings and structures. This limited authority did not require the preparation of an environmental document pursuant to the California Environmental Quality Act (CEQA). Since it was determined that Cmetric sought a more expanded scope of facilities-based authority in its petition, that portion of the petition was deferred to a separate proceeding.

By ruling dated February 11, 2000 in the Local Competition proceeding, the Cmetric petition (#146) was converted into a new application for the purposes of addressing the portion of its original request for authority relating to full facilities-based authority requiring the preparation of an environmental document. The new application was docketed on February 11, 2000 as A.00-02-017.

Although Applicant was informed by Commission staff several months ago that a Proponent's Environmental Assessment (PEA) was required in order to move forward with processing its request for full facilities-based authority, no PEA has been forthcoming. This application cannot be left open indefinitely while waiting for Applicant to comply with the PEA requirement. The application shall therefore be dismissed without prejudice for lack of prosecution. If or when Applicant chooses to proceed with its request for full facilities-based CPCN local authority, it may do so by filing a new application with a PEA that provides a full description of the planned construction, and otherwise complies with applicable Commission rules in effect at the time.

Application 00-02-017 is hereby closed.

Comments on Draft Decision

The draft decision of the ALJ Thomas Pulsifer in this matter was mailed to the parties in accordance with Pub. Util. Code Section 311(g)(1) and Rule 77.7 of the Rules and Practice and Procedure. Comments were filed on ______________, and reply comments were filed on _________________.

Findings of Fact

1. Cmetric, Inc., now Telseon Carrier Services, Inc., (Applicant) originally requested a Certificate of Public Convenience and Necessity (CPCN) for facilities-based and resale local exchange and interexchange authority through the filing of a petition (Petition # 146) in the Local Competition Dockets (R.95-04-043/I.95-04-044).

2. Applicant was granted limited facilities-based and resale local exchange and interexchange authority in D.98-10-025 in that proceeding.

3. By ruling dated February 11, 2000 in the R.95-04-043/I.95-04-044 proceeding, the Cmetric petition (#146) was converted into a new application for the purposes of addressing the portion of its original request for authority relating to full facilities-based authority requiring the preparation of an environmental document.

4. Although Applicant was informed by Commission staff several months ago that a Proponent's Environmental Assessment (PEA) was required in order to move forward with processing its request for full facilities-based authority, no PEA has been forthcoming.

Conclusions of Law

1. This application cannot be left open indefinitely while waiting for Applicant to comply with the PEA requirement.

2. The application should therefore be dismissed without prejudice for lack of prosecution.

3. The applicant should be free to file a new application without prejudice at such time that it is ready to provide a proper PEA.

ORDER

IT IS ORDERED that:

1. Application (A.) 00-02-017 is hereby dismissed without prejudice due to lack of prosecution.

2. The Applicant is free to file a new application at such time that it is ready to provide a proper Proponent's Environmental Assessment and otherwise comply with applicable Commission rules in effect at the time.

3. A.00-02-017 is hereby closed.

This order is effective today.

Dated , at San Francisco, California.