5. Assignment of Proceeding
Timothy Alan Simon is the assigned Commissioner and Jacqueline A. Reed is the assigned ALJ in this proceeding.
1. Robinson, an individual doing business as Have Van-Will Travel, operates an unlicensed moving business in the cities of San Francisco and San Leandro, California.
2. Robinson has falsely held himself out to the public as a licensed household goods carrier by displaying an invalid permit number on the side of his truck and in advertisements on flyers throughout San Francisco and San Leandro intermittently from May 2003 until as recently as May 2008.
3. AT&T Mobility disconnected telephone number (510) 451-5000, upon receipt from the CPSD of a Finding of Probable Cause, signed by Judge Vernon Nakahara and dated March 14, 2008.
4. Pursuant to Pub. Util. Code § 5322(d), Robinson filed a complaint seeking restoration of the telephone number disconnected by AT&T Mobility, and a timely hearing was held on the complaint on June 20, 2008.
5. The CPSD presented credible evidence through an investigator and 17 exhibits that the telephone service at issue here was being used to violate and assist in the violation of the state laws governing the licensing and conduct of household goods carriers.
6. An unlicensed moving company poses a danger to public welfare and safety.
1. In Goldin, the California Supreme Court approved a process similar to that set out in Pub. Util. Code § 5322, against constitutional challenges.
2. Goldin and Pub. Util. Code § 5322 require the Commission to examine the face of the affidavit supporting the finding of probable cause on which the disconnection of telephone service is based in order to determine the adequacy of the affidavit and weigh any request for relief.
3. Pub. Util. Code § 5322 places the burden on the law enforcement agency responsible for a disconnection to (1) show that the telephone service was used directly or indirectly to violate or assist in violating the law; (2) show that the character of the violation was such that significant dangers to public health, safety, or welfare would result if immediate and summary action had not been taken; and (3) show that the service should not be restored.
4. The affidavit set forth in Exhibit 16, and the seven attachments which were affixed to the affidavit presented to the Court, are adequate to support the Court's disconnection order of March 14, 2008.
5. The request for immediate restoration of the disconnected telephone lines should be denied, and the complaint should be dismissed.
6. Because the complaint seeks immediate action by the Commission, this order should be made effective immediately.
IT IS ORDERED that:
1. The complaint of Ross Robinson, an individual doing business as Have Van-Will Travel, seeking restoration of telephone line (510) 451-5000, disconnected pursuant to Public Utilities Code Section 5322, is denied.
2. Case 08-05-037 is closed.
This order is effective today.
Dated November 20, 2008, at San Francisco, California.
