Assignment of Proceeding
The assigned Commissioner in this matter is Susan P. Kennedy. The assigned Administrative Law Judge is Timothy Kenney.
1. A.03-09-011 requests authority for the Proposed Transactions under Pub. Util. Code §§ 851 and 854(a).
2. A.03-09-011 is uncontested and noncontroversial.
3. CVB is qualified to acquire CTC.
4. Most or all of CTC's current senior management was associated with the Bankruptcy of CTC and will remain in place after CVB's acquisition of CTC.
5. There is no evidence in this proceeding that the bankruptcy of CTC was caused by the incompetence or malfeasance of CTC's current management.
6. CTC's current management has strived to revive CTC financially while continuing to provide service to CTC's customers.
7. No new construction is proposed in A.03-09-011.
1. This proceeding is properly categorized as ratesetting. No hearing is necessary.
2. CVB's acquisition of CTC is not adverse to the public interest.
3. It can be seen with certainty that the proposed acquisition of CTC by CVB will not have any adverse impact on the environment.
4. CTC is required to collect, report, and remit public program surcharges in accordance with the Commission's rules. The Commission may impose monetary fines and other sanctions for failure to comply with these rules.
5. The application should be approved.
6. Because A.03-09-011 is noncontroversial, it may be granted by the Executive Director pursuant to authority delegated by the Commission.
7. Because A.03-09-011 is noncontroversial and uncontested, the following order should be effective on the date it is signed.
IT IS ORDERED that:
1. Columbia Ventures Broadband LLC (CVB) is authorized pursuant to Pub. Util. Code §§ 851 and 854(a) to acquire CTC Communications d/b/a/ CT Communications, Inc. (CTC), as set forth in Application 03-09-011.
2. CVB and CTC shall notify the Director of the Commission's Telecommunications Division in writing of CVB's acquisition of CTC no later than 10 days after the date the acquisition is consummated.
3. The corporate identification numbers assigned to CTC shall continue to be used by it and included in all original filings with this Commission and in the titles of other pleadings filed in existing cases.
4. CTC shall comply with all Commission rules regarding the collection, remittance, and reporting of public program surcharges. Failure to comply with these rules may result in financial penalties and other sanctions.
5. The authority granted herein shall expire if not exercised within one year from the effective date of this order.
6. This proceeding is closed.
This order is effective today.
Dated December 15, 2003, at San Francisco, California.
/s/ WESLEY M. FRANKLIN for |
WILLIAM AHERN Executive Director |
