IX. Conclusion
We conclude that the application conforms to our rules for certification as a CLC. Accordingly, we shall grant Applicant a CPCN to provide limited facilities-based and resold local exchange service in Pacific and Verizon's service territories of subject to compliance with the terms and conditions set forth herein.
1. A notice of the filing of the application and the amendment appeared in the Daily Calendar on November 26, 2001 and January 14, 2002, respectively.
2. There were no protests to this application.
3. A hearing is not required.
4. In prior decisions, the Commission authorized competition in providing local exchange telecommunications services within the service territories of Pacific, Verizon, RTC, and CTC.
5. 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.
6. Applicant will not be required to provide deposits to other telecommunications carriers in order to provide the proposed service.
7. Applicant's management possesses sufficient experience and knowledge to provide local exchange services to the public.
8. As part of its application, Applicant submitted a draft of its initial tariff that contained the deficiencies identified in Attachment A to this decision. Except for these deficiencies, Applicant's draft tariffs complied with the Commission's requirements.
9. Applicant does not propose to construct any facilities, except for equipment to be installed in existing buildings or structures, in order to provide the proposed service.
1. Applicant has the financial ability to provide the proposed service.
2. Applicant has made a reasonable showing of technical expertise in, or related to, telecommunications.
3. Public convenience and necessity require the competitive local exchange services to be offered by Applicant, subject to the terms and conditions set forth herein.
4. The application should be granted to the extent set forth below.
5. Applicant, once granted a CPCN, should be subject to the applicable Commission rules, decisions, General Orders and statutes that pertain to California public utilities.
6. Since Applicant does not propose to construct any facilities, except for equipment to be installed in existing buildings or structures, it can be seen with certainty that granting it authority to provide local exchange services will not have a significant adverse effect upon the environment.
7. Because of the public interest in competitive local exchange services, the following order should be effective immediately.
IT IS ORDERED that:
1. A certificate of public convenience and necessity (CPCN) is granted to Ciera Network Systems, Inc., (Applicant) to provide limited facilities-based and resold local exchange services in the service territories of Pacific Bell Telephone Company and Verizon California Inc., subject to the terms and conditions set forth below.
2. Applicant is authorized to file tariff schedules for the provision of competitive local exchange services. Applicant may not offer competitive local exchange services until tariffs are on file. Applicant's initial filing shall be made in accordance with General Order (GO) 96-A, excluding Sections IV, V, and VI, and shall correct the deficiencies noted in Attachment A. The tariff shall be effective not less than one day after approval by the Commission's Telecommunications Division. Applicant shall comply with its tariffs.
3. The certificate granted and the authority to render service under the rates, charges, and rules authorized herein will expire if not exercised within 12 months after the effective date of this order.
4. The corporate identification number assigned to Applicant, U-6208-C, shall be included in the caption of all original filings with this Commission, and in the titles of other pleadings filed in existing cases.
5. Applicant shall comply with all applicable rules adopted in the Local Exchange Competition proceeding (Rulemaking 95-04-043/Investigation 95-04-044), as well as all other applicable Commission rules, decisions, GOs and statutes that pertain to California public utilities, subject to the exemptions granted in this decision.
6. Applicant shall comply with the requirements applicable to competitive local exchange carriers included in Attachment B to this decision.
7. Applicant is not authorized to construct facilities, except for equipment to be installed in existing buildings or structures.
8. This proceeding is closed.
This order is effective today.
Dated May 16, 2002, at San Francisco, California.
LORETTA M. LYNCH
President
HENRY M. DUQUE
CARL W. WOOD
GEOFFREY F. BROWN
MICHAEL R. PEEVEY
Commissioners
ATTACHMENT A
List of deficiencies in tariffs filed by Ciera Network Systems, Inc. in A.01-11-025 to be corrected in its tariff compliance filing.
1. On the top right-hand corner of every tariff sheet, add the words "Cal. P.U.C." between the words "Original" and "Sheet". Refer to G.O.96-A page 4, Exhibit A-1.
2. Sheet 6: The tariff must be available for inspection at an office in California. Also indicate a telephone number in which customer can order, change or cancel a service. Refer to D.01-07-026.
3. Sheet 8: Include the actual service area map.
4. Sheet 60: Include the following rates and charge for ULTS:
Establishment $10.00
Flat Rate 5.34
Measured Rate 2.85
5. Sheet 67, Rule 3: Include the 1st and 2nd paragraph from Rule 2 from Appendix B of D.95-07-054.
6. Sheet 72, Rule 5A: Say that the advance payment will not exceed the nonrecurring and the first month's recurring rate. Advance payments will not be required for usage. In addition, where special construction is involved, the advance payment may also include an amount equal to the estimated non-recurring charges. The advance payment will be credited to the Customer's first bill.
7. Sheet 77, Rule 7C: Say that the late payment date will be displayed prominently on the customer's bill. Refer to Rule 9 of Appendix B of D. 95-07-054.
8. Sheet 79, Rule 7F: Include the fee and surcharges shown in Attachment B to this decision.
9. Sheet 80, Rule 8A: The CLC needs to say that the "Due by" date shall be no sooner than 15 days of the date of presentation. Refer to Rule 8B from Appendix B of D.95-07-054. Also, include Rule 8G of Appendix B of D.95-07-054.
10. Sheet 81, Rule 9: If the CLC is a carrier of last resort, say that Basic Service will not be disconnected for non-payment of anything other than residential and single line business, Flat Rate and/or Measured Rate Service as defined in D. 96-10-066, Appendix B, page 5. Refer to D. 00-03-020. Also, include Rule 10A(3) from Appendix B of D.95-07-054.
11. Sheet 108, Rule 25: Incomplete rule on Change of Service Providers. Refer to Rule 11 of Appendix B of D.95-07-054.
(END OF ATTACHMENT A)
