Findings of Fact

1. Notice of the application appeared in the Daily Calendar on August 23, 2001.

2. No protests have been filed.

3. A hearing is not required.

4. In prior decisions the Commission authorized competition in providing interexchange services for carriers meeting specified criteria.

5. In prior decisions the Commission authorized competition, by carriers meeting specified criteria, in providing local exchange telecommunications services within the service territories of Pacific, Verizon, RTC and CTC.

6. Applicant has a minimum of $100,000 of cash or cash equivalent that is reasonably liquid and readily available to meet its start-up expenses.

7. Applicant has sufficient additional cash or cash equivalent to cover any deposits that may be required by other telecommunications carriers in order to provide the proposed service.

8. Applicant possesses sufficient experience and knowledge to provide telecommunications services.

9. As part of its application, Applicant submitted a draft of its initial tariff that contained the deficiencies identified in Attachment B to this decision. Except for those deficiencies, its draft tariffs complied with the Commission's requirements.

10. Exemption from the provisions of Pub. Util. Code §§ 816-830 has been granted to other NDIECs and CLCs. (See, e.g., D.86-10-007, D.88-12-076, D.97-01-015, and D.96-05-060.)

11. The transfer or encumbrance of property of nondominant carriers has been exempted from the requirements of Pub. Util. § 851 whenever such transfer or encumbrance serves to secure debt. (See D.85-11-044, D.97-01-015, and D.96-05-060.)

12. By D.97-06-017, all interexchange carriers and CLCs are no longer required to comply with General Order 96-A, subsections III.G(1) and (2), and Commission Rules of Practice and Procedure 18(b).

13. Applicant will not be constructing facilities other than equipment to be installed in existing buildings or structures for the purpose of providing local exchange service.

14. Applicant requested that the financial information filed with the application be kept under seal.

15. Public disclosure of the financial information would place Applicant at an unfair business disadvantage.