V. Assignment of Proceeding

Geoffrey F. Brown is the Assigned Commissioner and Sarah R. Thomas is the assigned ALJ in this proceeding.

Findings of Fact

1. In D.05-03-033, the Commission imposed the following condition on Almendral:


As a condition of the granting of this application, within 30 days of the effective date of this decision, Almendral shall furnish paperwork to the Administrative Law Judge and the Commission's Telecommunications division,
505 Van Ness Avenue, 3rd Floor, San Francisco, Ca 94102 (Attention: Joseph McIlvain) certifying that it has deposited - or already has on deposit - at least $25,000 in a FDIC - insured U.S. bank account.

2. Almendral is acquiring Telecom Italia's interest in ENTEL Chile, and with it control of Americatel.

3. Almendral is not attempting to start up a new telecommunications carrier.

4. Americatel is already a switchless reseller of telecommunications service in California.

5. As a result of the transaction, none of Americatel's services, management or rates will change, and the change will be transparent to customers.

6. A $25,000 deposit is not necessary to cover the switchless reseller's start-up costs in this case, since Americatel is already a going concern.

Conclusions of Law

1. The Commission has the authority pursuant to Pub. Util. Code § 854 to take such action, as a condition of a transfer, as the public interest may require.

2. The Petition for Modification should be granted.

ORDER

IT IS ORDERED that:

1. The Petition for Modification of Decision 05-03-033 filed by Americatel Corporation and Almendral, S.A. (Almendral) is granted.

2. Application 05-01-030 is closed.

This order is effective today.

Dated June 30, 2005, at San Francisco, California.

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