VII. Assignment of Proceeding
Geoffrey F. Brown is the Assigned Commissioner and Sarah R. Thomas is the assigned Administrative Law Judge (ALJ) in this proceeding.
1. In D.97-12-128, the Commission granted a CPCN to Americatel to operate as a switchless reseller of inter-LATA telephone service, and, to the extent authorized by D.94-09-065, intra-LATA telecommunications services offered by communication common carriers in California.
2. As a result of the transaction proposed in this application, Almendral will acquire a controlling interest in ENTEL Chile and consequently a controlling interest in Americatel.
3. There will be no change in the name or management of Americatel as a result of the transaction.
4. Americatel's customers will continue to receive service under the same rates, terms, and conditions after the transaction.
5. Provided it meets the $25,000 deposit requirement set forth herein, Almendral has sufficient financial resources to meet the Commission's requirements to provide resold local exchange and interexchange services.
6. So long as it continues with current Americatel management, Almendral possesses the necessary technical expertise required by the Commission.
7. Almendral has not committed any civil, criminal or regulatory violation that militates against granting this application.
8. There were no protests to this application.
1. The Commission applies the same requirements to a request for approval of an agreement to acquire control of a resale provider of local exchange and interexchange telecommunications services within California as it does to an applicant for authority to provide such services.
2. Provided it meets the $25,000 deposit requirement set forth herein, Almendral meets the Commission's requirements for the issuance of a CPCN to provide resold local exchange and interexchange telecommunications services.
3. The transaction is in the public interest.
4. In order to avoid delaying this transaction, the approval of the application should be made effective immediately.
5. As a condition of the granting of this application, within 30 days of the effective date of this decision, Almendral should file and serve on the ALJ and the Commission's Telecommunications division (Attention: Joseph McIlvain) documentation certifying that it has deposited - or already has on deposit - at least $25,000 in a FDIC-insured U.S. bank account.
6. Materials essential to an application - including financial information - should always be translated into English and presented in American currency.
IT IS ORDERED that:
1. Pursuant to Pub. Util. Code § 854, the joint application of Americatel Corporation and Almendral, S.A. for approval of the transfer of control of Americatel to Almendral is approved.
2. As a condition of the granting of this application, within 30 days of the effective date of this decision, Almendral shall file and serve on the Administrative Law Judge for this proceeding and the Commission's Telecommunications division, 505 Van Ness Avenue, 3rd Floor, San Francisco, CA 94102 (Attention: Joseph McIlvain) documentation certifying that Almendral has deposited - or already has on deposit - at least $25,000 in a
FDIC-insured U.S. bank account.
3. This decision does not grant Almendral or Americatel the right to provide telecommunications service other than that already granted Americatel in
Decision 97-12-128.
4. The application is noncontroversial and may be granted by the Executive Director pursuant to authority delegated by the Commission.
5. Application 05-01-030 is closed.
This order is effective today.
Dated March 21, 2005, at San Francisco, California.
/s/ STEVE LARSON |
STEVE LARSON Executive Director |
