Assignment of Proceeding

Michael R. Peevey is the Assigned Commissioner and Jacqueline A. Reed is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. This Commission authorized ACC to provide facilities-based and resold local exchange and interexchange telecommunications services in California in 2001.

2. ACC seeks authority to withdraw its offering and provision of facilities-based and resold local exchange and interexchange telecommunications services, and dedicated services in Los Angeles, Orange County, and San Diego, to avoid unnecessary cash drain and undue delay.

3. ACC has approximately 106 business customers and approximately 16 dedicated customers in Los Angeles and Orange County combined, that it notified in writing of its request to withdraw service.

4. ACC did not cite any imminent prospective business opportunities or a potential timeframe for when one might arise.

5. Applicant's customer notices: (1) were in writing; (2) advised customers at least 30 days prior to the service termination date; (3) directly explained the need for customers to select an alternative provider of their choice; and (4) provided a toll-free number for customer questions.

6. No protest of the application has been filed.

Conclusions of Law

1. Under GO 96-A, Commission approval is required before a carrier may withdraw from the provision of public utility service.

2. ACC should be authorized to withdraw from the provision of facilities-based and resold local exchange and interexchange telecommunications services, and dedicated services in Los Angeles, Orange County, and San Diego, California.

3. ACC should retain its CPCN and U-number for six months since it would like to re-enter the California telecommunications market; however, ACC reported no imminent business prospects or suggested a timeframe and its authorization cannot be held in abeyance indefinitely.

4. Since the matter is uncontested, the decision should be effective on the date it is signed.

ORDER

IT IS ORDERED that:

1. The Application of ACC Telecommunications, L.L.C. (ACC) to immediately withdraw its offering and provision of facilities-based and resold local exchange and interexchange telecommunications services, and dedicated services in Los Angeles, Orange County, and San Diego, California, is granted.

2. Within six months from the mailing date of this order, if ACC intends to resume providing all or any of the telecommunications services authorized under its certificate of public convenience and necessity (CPCN) or pursues and enters into a feasible business opportunity related to its CPCN, it shall immediately inform the Commission and, if appropriate, shall make the requisite filing for transfer of utility assets under Section 851 of the California Public Utilities Code.

3. If ACC does not resume providing all or any of its authorized telecommunications services or pursue and enter into a feasible business opportunity within six months from the mailing date of this order, its CPCN and its U-number shall be revoked.

4. This proceeding is closed.

This order is effective today.

Dated April 3, 2003, at San Francisco, California.

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