Background
We issued this Order Instituting Investigation (OII) to determine whether Titan and Christopher Bucci have 1) violated Rule 1 by including false and/or misleading information on Titan's application for a CPCN (Application (A.) 99-07-029); and 2) used money wrongfully obtained through slamming ACI customers in establishing Titan. We further issued this OII to determine whether respondent Bucci is an alter ego of ACI and/or Titan. The Commission's Consumer Protection and Safety Division (CPSD)1 investigated the statements in Titan's application and alleged that Bucci knowingly made false statements in order to avoid Commission inquiry into his behavior as the Chief Executive Officer of ACI. The OII set hearings for two phases to permit CPSD to present evidence on the alter ego issue after CPSD had completed its discovery.
We granted ACI a CPCN to operate as a reseller of long distance services in D.97-05-013. San Diego Superior Court appointed a receiver for ACI on February 26, 1999. On June 24, 1999, we opened an investigation (I.99-06-035), into the operations, practices, and conduct of ACI and Larry Cornwell, in his capacity as receiver for ACI, to determine whether ACI had violated Pub. Util. Code § 2889.5 by switching subscribers' long distance provider without the subscribers' authorization. We revoked ACI's CPCN and ordered ACI to pay $200,000 restitution in D.00-04-012, issued April 6, 2000. As noted in that decision, ACI's receiver and CPSD stipulated that ACI had switched subscribers' long distance service provider without the subscribers' authorization.
Titan filed its CPCN application with the Commission on July 19, 1999, pursuant to the Commission's registration process, an abbreviated application procedure. We granted that application in D.99-08-049, issued on August 23, 1999, and authorized Titan to operate as a switchless reseller of interLATA and intraLATA services.
In the first phase of this OII, the Commission held an evidentiary hearing on January 8, 2002. Opening and reply briefs were filed on February 15 and March 8, 2002, respectively. Pursuant to an administrative law judge's ruling, CPSD filed a supplemental brief on March 28, 2002, and Respondents filed a supplemental reply brief on April 30, 2002. With the filing of supplemental briefs, Phase I was submitted.
In Phase II, the Commission held evidentiary hearings on April 24 and 25, 2002. Opening and reply briefs were filed on June 6 and 27, 2002, respectively.2 With the filing of reply briefs, Phase II was submitted.
1 CPSD was formerly the Consumer Services Division. 2 CPSD requested and was granted an extension until June 10, 2002 to file its Phase II opening brief.
