Discussion

We authorize ACC to withdraw from providing facilities-based and resold local exchange and interexchange telecommunications services, and dedicated services in the State of California. Under General Order (GO) 96-A Section XIV, a carrier must obtain approval from the Commission before withdrawing services. D.97-06-096 imposes notice requirements on carriers seeking to withdraw service. ACC has demonstrated that it has satisfied these requirements through its written communications on October 30, 2002,⁵ with its customers.

ACC requests that its customer base be transferred to the customers' local carrier of choice, and that it be relieved of responsibility for all costs and expenses related to the transition of ACC's California customers to alternate providers since it is operating at a loss. To underscore its financial distress, ACC notes that it is in bankruptcy proceedings; however, it has not submitted any additional documents supporting the request for relief. We approve the transfer of customers to their carriers of choice, but we will not absolve ACC of its responsibility to work diligently with its remaining customers to affect a smooth transition to another provider.

We will leave ACC's certificate of public convenience and necessity (CPCN) in effect for six months. While ACC has indicated a desire to pursue other business opportunities with its existing authorization, it has cited no specific prospects or timeframe at present. We are reluctant to leave ACC's authorization in abeyance indefinitely; therefore, ACC should advise this Commission as soon as possible if it intends to resume providing all or any of its authorized telecommunications services or pursues and enters into a feasible business opportunity.

ACC states that it does not have any outstanding regulatory surcharges owed to this Commission. It has also submitted an Advice Letter revising its California Tariff. Consequently, there is no reason to delay granting the request for authority to withdraw the provided services. Public hearing and altering the preliminary determinations made in Resolution ALJ 176-3102 are not necessary.

This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Pub. Util. Code § 311(g)(2), the otherwise applicable 30-day period for public review and comment is being waived.