Procedural Matters

In Resolution ALJ 176-3090, dated June 27, 2002, the Commission preliminarily categorized this application as ratesetting, and preliminarily determined that hearings were not necessary. No protests have been received. Therefore, a public hearing is not necessary, and it is not necessary to alter the preliminary determinations.

This is an uncontested matter in which the decision grants the requested relief. Therefore, pursuant to Section 311(g)(2) of the Public Utilities Code, the otherwise applicable 30-day period for public review and comment is being waived.

Findings of Fact

1. By D.00-01-031 and D.00-03-047, WINCO was granted CPCNs to operate in California as a limited facilities-based and resale provider of interexchange services, and local exchange services, respectively.

2. WINCO, its parent and its affiliates filed for bankruptcy on March 11, 2002 under Chapter 11 of the United States Bankruptcy Code.

3. The proposed transaction is subject to approval by the Commission and the Bankruptcy Court.

4. As a result of the proposed transaction, WINCO's assets, customer base, and CPCNs will be acquired by SureWest.

5. Absent the proposed acquisition, customers' service would likely be interrupted because of the bankruptcy.

6. SureWest has sufficient financial resources to meet the Commission's requirements to provide facilities-based and resold local exchange and interexchange services.

7. SureWest possesses the necessary technical expertise required by the Commission.

8. Notice of this application appeared on the Commission's Daily Calendar on June 24, 2002.

9. There were no protests to this application.

10. No hearings are necessary.

Conclusions of Law

1. The Commission will apply the same requirements to a request for approval of an agreement to acquire control of a facilities-based and resale provider of local exchange and interexchange telecommunications services within California as it does to an applicant for authority to provide such services.

2. SureWest meets the Commission's requirements for the issuance of a CPCN to provide facilities-based and resold local exchange and interexchange telecommunications services.

3. The acquisition of WINCO by SureWest is not adverse to the public interest.

4. In order to avoid delaying this transaction, the approval of the application should be made effective immediately.

ORDER

IT IS ORDERED that:

1. Pursuant to Public Utilities Code Section 854, the joint application of Western Integrated Networks of California Operating LLC (WINCO) and SureWest TeleVideo (SureWest) for approval for SureWest to acquire the assets, customer base, and the certificates of public convenience and necessity of WINCO is approved.

2. This application is closed.

This order is effective today.

Dated July 17, 2002, at San Francisco, California.

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