VII. Settlement

In its protest, CSD expressed its concern that applicant may intend to use names of affiliated entities such as "I Don't Care," "I Don't Know," and "No Me Importa" in its California operations. CSD also stated that applicant has not provided sufficient proof that it meets the minimum financial requirements.

Applicant responded that it does not intend to use any name other than its own, and if it decides to change its name, it will apply for authority to do so, with timely notice to CSD. Applicant stated that it would provide information to CSD to demonstrate its financial qualifications.

In the settlement the parties agree that applicant will: (1) not use any of the fictitious names of its affiliates; (2) do business in California using only one or more of the fictitious names "Pacific-South Telecom, Inc."; "Pacific-South Telecom"; or "Pacific-South"; (3) comply with Commission rules and regulations and state and local statutes and ordinances to affect a name change; and (4) notify CSD in writing of any name change. The parties also agree that the settlement resolves all issues between them.

Rule 51.1 (e) states that the Commission will not approve a settlement unless it is reasonable in light of the whole record, consistent with law and in the public interest. In this case, the settlement precludes applicant from using specified fictitious names. Use of such names could result in customers being switched to applicant when the customers did not intend to do so. Nothing in the record alleges that applicant has or intends to use such names. Additionally, applicant has satisfied the financial requirements. As a result, CSD's protest has been resolved. Therefore, the settlement is consistent with the whole record. The settlement is not contrary to any law, rule or regulation. Therefore, the settlement is consistent with law. The settlement reduces the possibility that customers will be switched to applicant without the customer's consent. Therefore, the settlement is in the public interest. We will approve it.