V. Comments on Draft Decision

The draft decision of ALJ Myra J. Prestidge in this matter was mailed to the parties in accordance with Pub. Util. Code Section 311(g)(1) and Rule 77.1 of the Commission's Rules of Practice and Procedure. No comments were filed.

Findings of Fact

1. Applicant failed to respond to the assigned ALJ's March 1, 2005 ruling, which directed Applicant to file proper financial documentation to show that Applicant meets Commission financial requirements for issuance of a CPCN and can pay any deposits that may be required by other telecommunications carriers in order for Applicant to provide service in this state, in 30 days in order to avoid dismissal of the application without prejudice.

2. The application cannot be left open indefinitely.

3. Applicant has failed to complete the application, despite being given more than a reasonable opportunity to do so.

Conclusions of Law

1. The application should be dismissed without prejudice based on Applicant's failure to complete the application.

2. This order should be made effective immediately in order to clear this application from the Commission's list of active proceedings.

ORDER

IT IS ORDERED that:

1. Application 04-04-014 is dismissed.

2. Application 04-04-014 is closed.

This order is effective today.

Dated June 16, 2005, at San Francisco, California.

MICHAEL R. PEEVEY