5. Discussion
Pub. Util. Code § 854 requires Commission authorization before a company may "merge, acquire, or control...any public utility organized and doing business in this state...." The purpose of this and related sections is to enable the Commission, before any transfer of public utility property is consummated, to review the situation and to take such action, as a condition of the transfer, as the public interest may require. (San Jose Water Co. (1916) 10 CRC 56.)
The proposed transfer of control here promises improved services for California consumers. No changes in the existing services of OmniCall are proposed. Access One has the financial qualifications necessary to support the OmniCall operation.
There have been no protests to this application, and the contemplated transfer of control appears to be noncontroversial. The application requests expedited approval of the application. Expedited approval may be granted by the Executive Director pursuant to authority delegated to him by the Commission to grant "noncontroversial applications for authority to transfer assets or control under [Pub. Util.] Code §§ 851-855..." (CAWC, Inc., D.87-04-017 (1987).)
In Resolution ALJ 176-3029, dated December 16, 1999, the Commission preliminarily categorized this proceeding as ratesetting, and preliminarily determined that hearings were not necessary. Based on the record, we conclude that a public hearing is not necessary, nor is it necessary to alter the preliminary determinations in ALJ 176-3029.
The application is granted, subject to the terms and conditions set forth below.
1. Notice of this application appeared in the Commission's Daily Calendar of December 2, 1999.
2. Applicants seek approval pursuant to Pub. Util. Code § 854 of a transaction that will transfer control of OmniCall to Access One.
3. OmniCall is authorized to provide intrastate interexchange services in 32 states and local service in eight jurisdictions. It is authorized to provide resold local exchange services and interexchange services in California.
4. Access One provides integrated voice, data and video transmission services, and its wholly owned subsidiary, Other Phone, is authorized to provide resold local exchange and interexchange telecommunications services in nine states.
5. There will be no change in name, current services or rates provided by OmniCall as a result of the transfer of control.
1. The proposed transfer of control is not adverse to the public interest.
2. This proceeding is designated a ratesetting proceeding; no protests have been received; no hearing is necessary.
3. The application is noncontroversial and may be granted by the Executive Director pursuant to authority delegated by the Commission.
4. The application should be approved.
IT IS ORDERED that:
1. Access One Communications Corp. (Access One), OmniCall Acquisition Corp. and OmniCall, Inc. (OmniCall) are authorized pursuant to Section 854 of the Public Utilities Code to enter into the transaction, as more fully described in the application and its exhibits, by which Access One will acquire control of OmniCall.
2. Access One and OmniCall shall notify the Director of the Commission's Telecommunications Division in writing of the transfer of authority, as authorized herein, within 10 days of the date of consummation of such transfer. A true copy of the instruments of transfer shall be attached to the notification.
3. Access One and OmniCall shall make all books and records available for review and inspection upon Commission staff request.
4. The authority granted herein shall expire if not exercised within one year of the date of this order.
5. Application 99-11-035 is closed.
This order is effective today.
Dated January 28, 2000, at San Francisco, California.
/s/ WESLEY M. FRANKLIN |
WESLEY M. FRANKLIN Executive Director |
