Rachelle B. Chong is the assigned Commissioner and Robert Barnett is the assigned ALJ in this proceeding.
1. Applicant operated without a CPCN for four years. It should pay a fine of $8,000.
2. The applicant is qualified to and has requested an exemption from tariffing requirements.
3. Applicant agrees to abide by the consumer protection rules adopted in D.98-08-031, as modified from time to time.
1. Applicant should be granted the requested CPCN subject to the conditions in the attached appendices, and shall pay a fine of $8,000.
2. Applicant should be granted an exemption from the requirement to file tariffs.
IT IS ORDERED that:
1. A certificate of public convenience and necessity is granted to 88 Telecom Corporation to operate as a switchless reseller of inter - local access and transport area and, to the extent authorized by Decision 94-09-065, intra - local access and transport area telecommunications services offered by communication common carriers in California subject to the conditions set forth in the attached appendices. Applicant is assigned corporate identification number U7105C which shall be included in the caption of all filings made with this Commission.
2. Applicant is exempt from the requirement to file tariffs subject to the conditions set forth in the attached appendices.
3. 88 Telecom shall pay a fine of $8,000 to the General Fund of the Sate of California within six months of the effective date of this order, in five monthly payments of $1,334 and one payment of $1,330; the first payment to be made no later than 30 days after the effective date of this order. 88 Telecom shall send its checks made payable to the State of California's General Fund to this Commission's Fiscal Office at the State Office Building, 505 Van Ness Avenue, Room 3000, San Francisco, CA 94102. The number of this decision shall be shown on the face of the check.
4. Application 08-05-031 is closed.
This order is effective today.
Dated May 21, 2009, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners