Rachelle B. Chong is the assigned Commissioner and Myra J. Prestidge is the assigned Administrative Law Judge in this proceeding.
1. IBFA is a Michigan limited liability company with its principal business offices located in Elk Grove Village, Illinois.
2. Telava is a Delaware corporation formed in September 2007 for the purpose of consummating a business combination in the telecommunications and technology sectors.
3. TNI is a Nevada corporation and is the parent and sole shareholder of Telava.
4. TNI is an ICP and owns a wireless broadband network covering more than 45 cities and towns in 22 states.
5. In D.05-07-034, we granted IBFA a CPCN authorizing the company to provide limited facilities-based and resold local exchange and interexchange services in California.
6. As a result of the transaction, Telava will acquire a 100% ownership interest in IBFA and will therefore have ultimate control of IBFA.
7. Telava does not hold a CPCN that authorizes the provision of telecommunications services in California.
8. There will be no change in the name or day-to-day management of IBFA as a result of the transaction.
9. IBFA's customers will continue to receive service under the same rates, terms, and conditions after the transaction.
10. Telava has access to sufficient financial resources to meet the Commission's requirements to provide resold local exchange and interexchange services.
11. This transaction will give IBFA access to increased capital and the management experience of Telava and TNI's management team.
12. Since IBFA's day-to-day management will remain the same, Telava has met the requirements for technical and managerial expertise to provide telecommunications services, for the purposes of this transaction only.
13. Notice of this application appeared on the Commission's Daily Calendar on February 21, 2008. There were no protests to this application.
14. No hearings are necessary.
1. The Commission will apply the same requirements to a request for approval of an agreement to acquire control of a provider of limited facilities-based and resold local exchange and interexchange telecommunications services within California as it does to an applicant for authority to provide such services.
2. Telava meets the Commission's requirements for the issuance of a CPCN to provide limited 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.
IT IS ORDERED that:
1. Pursuant to Public Utilities Code Section 854, the application of IBFA Acquisition Company (U6961-C) (IBFA), James Grabowski and Casimir Wojciechowski, and Telava Acquisitions, Inc. (Telava) for approval of the transfer of ownership of IBFA to Telava is approved.
2. Application 08-02-012 is closed.
This order is effective today.
Dated June 12, 2008, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners