Assignment of Proceeding

Geoffrey F. Brown is the Assigned Commissioner and Myra J. Prestidge is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. TSI is a wholly owned subsidiary of Teligent.

2. Although Teligent does not hold a CPCN to provide telecommunications services, the Commission has previously found that Teligent meets the requirements for technical and managerial expertise as necessary to provide telecommunications services in this state.

3. By D.97-12-078 and D.99-10-025 , TSI was granted a CPCN to operate in California as a limited facilities-based and an interexchange carrier.

4. Aspen - Series A does not hold a CPCN to provide telecommunications services in this state.

5. As a result of the transaction, Aspen - Series A will have an approximately 95.31% ownership interest in Teligent and will therefore have ultimate control of Teligent and TSI.

6. There will be no change in the name or management of TSI as a result of the transaction.

7. TSI Customers will continue to receive service under the same rates, terms, and conditions after the transaction.

8. Aspen - Series A has sufficient financial resources to meet the Commission's requirements to provide facilities-based and resold local exchange and interexchange services.

9. Since Teligent and TSI will potentially have access to Aspen - Series A's financial resources, this transaction will improve the financial stability of Teligent and TSI.

10. Since Aspen - Series A will own Teligent, which has substantial experience in the telecommunications field, and TSI's management will remain the same, Aspen - Series A has met the requirements for technical and managerial expertise to provide telecommunications services, for the purposes of this transaction only.

11. Notice of this application appeared on the Commission's Daily Calendar on April 9, 2004. There were no protests to this application.

12. No hearings are necessary.

Conclusions of Law

1. The Commission will apply the same requirements to a request for approval of an agreement to acquire control of a facilities-based and resale provider of local exchange and interexchange telecommunications services within California as it does to an applicant for authority to provide such services.

2. Aspen - Series A meets the Commission's requirements for the issuance of a CPCN to provide facilities-based and resold local exchange and interexchange telecommunications services, for the purposes of this transaction only.

3. This transaction is in the public interest.

4. In order to avoid delaying this transaction, the approval of the application should be made effective immediately.

ORDER

IT IS ORDERED that:

1. Pursuant to Public Utilities Code Sections 852 and 854, the joint application of Teligent, Inc., (Teligent) , Teligent Services, Inc., (TSI), and Aspen Partners - Series A (Aspen - Series A) for approval of the indirect transfer of control of TSI to Aspen - Series A is approved.

2. This proceeding is closed.

This order is effective today.

Dated May 27, 2004, at San Francisco, California.

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