Assignment of Proceeding
The Assigned Commissioner in this matter is President Michael Peevey and the assigned Administrative Law Judge is Jacqueline A. Reed.
1. Resolution ALJ 176-3115 determined that this was a ratesetting proceeding and that hearings were not necessary.
2. Notice of this application appeared in the Commission's Daily Calendar of June 20, 2003.
3. No protests were filed.
4. Applicants requested an exemption from §§ 851 through 855 of the Code; alternatively, they sought review under § 854.
5. Pub. Util. Code § 854(b) and (c) are not applicable in this instance because neither of the applicants has more than $ 500 million in gross annual California revenues.
6. Reorganized MFN will have sufficient financial resources to meet the Commission's requirements to provide facilities-based and resold local exchange and interexchange telecommunications services.
7. Given Applicants' stated intention to make few changes in the day-to-day operations or management of MFNS, Reorganized MFN will possess the necessary technical expertise required by the Commission.
8. It is possible that one or more of the affiliates, directors, officers or partners of the reorganized holding company has been associated with a telecommunications carrier that entered bankruptcy during their association or tenure.
9. No new construction is being proposed in this application.
10. Reorganized MFN has no complaints (alleging fraud or significant wrongdoing) pending against it before this Commission, the Federal Communications Commission or any other state commission.
1. Applicants request for an exemption from §§ 851 through 855 of the Pub. Util. Code is denied so that the details of the complex transaction proposed may be reviewed.
2. The proposed transfer of control of MFNS to Reorganized MFN is not adverse to the public interest.
3. Applicants' request to change the corporate name of MFNS after it emerges from bankruptcy is reasonable.
4. Although one or more of the newly-obtained affiliates, directors, officers or partners of Reorganized MFN may have been associated with a telecommunications carrier that became bankrupt during their association or tenure, these entities and persons will be working to revive and strengthen MFNS and the other related businesses as they emerge from bankruptcy.
5. This proceeding is designated as a ratesetting proceeding; no protests have been received; no hearing is necessary.
6. It can be seen with certainty that the proposed transfer will not have any adverse impact on the environment.
7. Reorganized MFN meets the Commission's requirements for an acquiring company of authorized providers of facilities-based and resold local exchange and interexchange telecommunications services.
8. The application should be approved; since the matter is uncontested, the decision should be effective on the date it is signed.
9. The application is noncontroversial and should be granted by the Executive Director pursuant to authority delegated by the Commission.
IT IS ORDERED that:
1. Metromedia Fiber Network, Inc. (MFN) and Reorganized Metromedia Fiber Network, Inc. (Reorganized MFN) are authorized, pursuant to
Pub. Util. Code § 854(a), to transfer control of Metromedia Fiber Network Services, Inc. (MFNS) from MFN to Reorganized MFN, as set forth in Application (A.) 03-06-010.
2. MFN and Reorganized MFN shall notify the Director of the Commission's Telecommunications Division in writing of the transfer of authority, as authorized herein, within 10 days of the later of either the date of consummation of such transfer, or the date of the signing of this order.
3. If MFNS changes its corporate name after its emergence from bankruptcy, it shall file copies with the Commission of its: (1) amended Articles of Incorporation; (2) qualifying document to transact business in California as a foreign corporation reflecting the new name; (3) amended tariff; and (4) Advice Letter seeking approval of the name change.
4. The corporate identification numbers assigned to MFNS shall continue to be used by it or under its new corporate name, and shall be included in all original filings with this Commission and in the titles of other pleadings filed in existing cases.
5. The application is granted as set forth above and the authority granted shall expire if not exercised within one year after the effective date of this order.
6. A.03-06-010 is closed.
This order is effective today.
Dated August 22, 2003, at San Francisco, California.
/s/ WILLIAM AHERN |
WILLIAM AHERN Executive Director |
