Assignment of Proceeding

John A. Bohn is the assigned Commissioner and Sarah R. Thomas is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. Devine Communications, Incorporated, filed the application on November 1, 2006, and the application appeared in the Commission's Daily Calendar on November 3, 2006.

2. The Consumer Protection and Safety Division of the California Public Utilities Commission filed a timely protest on November 21, 2006, and this protest was amended on January 10, 2007.

3. CPSD and the AG filed an official complaint in the San Francisco Superior Court against Devine, alleging violations of Pub. Util. Code §§ 885-86 and B&P Code § 17538.9 on April 12, 2007.

4. Prior to filing the complaint, the CPSD and AG met and reached agreement reflected in a Stipulation for Entry of Final Judgment and Permanent Injunction, an All-Party Settlement resolving the issues in this protested application, A.06-11-001, and a Declaration executed by Devine's principal, Douglas S. Devine, averring that certain representations made to AG and CPSD were true and correct.

5. The Commission approved the Stipulation on April 12, 2007.

6. The AG and Commission Staff presented the San Francisco Superior Court with the Stipulation and Proposed Judgment on April 12, 2007.

7. The Superior Court entered the Judgment pursuant to the Stipulation of the parties on April 13, 2007.

8. CPSD has withdrawn its timely protest to this application.

9. CPSD and Devine jointly move for approval of an All-Party Settlement Agreement intended to resolve the issues raised by the protest against Devine's carrier application.

10. The draft tariffs were not rejected by the Commission's Communications Division.

Conclusions of Law

1. The All-Party Settlement Agreement between the Consumer Protection and Safety Division of the Commission and Devine Communications is reasonable in light of the whole record.

2. The Settlement Agreement is consistent with law.

3. The Settlement Agreement is in the public interest.

4. The Settlement Agreement should be approved.

5. Devine should be granted the requested certificate of public convenience and necessity subject to the conditions in attached Appendices A-D.

ORDER

IT IS ORDERED that:

1. The Settlement Agreement, attached hereto as Exhibit A, shall be approved.

2. A certificate of public convenience and necessity is granted to Devine Communications, Incorporated to provide InterLATA and IntraLATA telecommunications service in California as a switchless reseller subject to the conditions set forth in attached Appendices A-D. Applicant is assigned corporate identification number U7053C which shall be included in the caption of all filings made with this Commission.

3. Any default on Devine's payment obligations under the Judgment entered in the Superior Court on April 12, 2007, may be grounds for the immediate suspension and/or revocation of any operating authority or license granted to it by this Commission, including but not limited to its authority to offer prepaid ANI services, as described in the Settlement Agreement.

4. The Consumer Protection and Safety Division (CPSD) shall monitor Devine's payments and compliance with the Judgment and the Settlement Agreement. CPSD shall immediately notify the Commission's Executive Director in the event that Devine fails to comply with the Judgment or Settlement Agreement so that the Commission may begin proceedings to consider whether to suspend or revoke Devine's license or operating authority.

5. Application 06-11-001 is closed.

This order is effective today.

Dated November 1, 2007, at San Francisco, California.

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