STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

December 11, 2003

TO: ALL PARTIES OF RECORD IN APPLICATION 03-02-001

Decision 03-12-017 is being mailed without the Dissent of Commissioner Wood. The Dissent will be mailed separately.

Very truly yours,

/s/ Angela K. Minkin

Angela K. Minkin, Chief

Administrative Law Judge

ANG/avs

ALJ/KJB/avs Mailed 12/11/2003

Decision 03-12-017 December 4, 2003

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Zephyr Communications, L.L.C. for a Certificate of Public Convenience and Necessity to Provide Limited Facilities-Based and Resold Competitive Local Exchange Services, Resold IntraLATA and InterLATA Telephone Services, and High Speed Data Services.

Application 03-02-001

(Filed February 3, 2003)

OPINION

I. Summary

Zephyr Communications, L.L.C. (Applicant) seeks a certificate of public convenience and necessity (CPCN) under Pub. Util. Code § 1001 for authority to provide local exchange, resold intraLATA and interLATA telephone service, and high speed data services. This decision grants the requested authority subject to the terms and conditions set forth below.