II. Discussion

On April 7, 2004, Applicant filed this application for a CPCN under Pub. Util. Code § 1001 for authority to provide facilities-based and resold local exchange telecommunications services throughout the state. However, the application did not include all of the information required for the Commission to reach a decision on this matter, such as certifications, the amount of any deposits that Applicant would be required to pay to other telecommunications carriers in order to provide service in this state, and proper financial documentation to show that Applicant meets Commission financial requirements for the issuance of a CPCN. The assigned Administrative Law Judge (ALJ) therefore directed

Applicant on several occasions to make a supplemental filing that would include the required information. On July 15, 2004, Applicant filed a supplemental filing that contained the required certifications, but did not include satisfactory financial documentation or information regarding deposits.

In November 2004, Applicant's Director of Regulatory and Compliance advised the assigned ALJ that a consultant previously hired by Applicant to handle this application had resigned without giving notice to Applicant or informing Applicant of the Commission's pending request for additional information. The assigned ALJ directed Applicant to make a supplemental filing which included the required information by November 15, 2004. On November 22, 2004, Applicant requested an extension of time, but did not respond to inquires from the assigned ALJ regarding the amount of time needed to complete the application or the reason for the delay. Applicant failed to make the supplemental filing as directed by the assigned ALJ.

On March 1, 2005, the assigned ALJ issued a ruling that required Applicant to make a supplemental filing which included proper financial documentation to show that Applicant meets Commission financial requirements and can pay any deposits that other telecommunications carriers may require in order for Applicant to provide service in California.

To date, Applicant has not made a supplemental filing which contains the required information and has not requested an extension of time in which to do so.

This application cannot be left open indefinitely. Applicant has been given more than a reasonable opportunity to complete its application for a CPCN and has failed to do so. Therefore, the application shall be dismissed without prejudice based on Applicant's failure to complete the application. This order will be made effective immediately in order to clear this application from the Commission's list of active proceedings.