XI. Use of Existing OVS Facilities Acquired from
Altrio to Provide Telecommunications Services

Altrio was not authorized to provide telecommunications services in Monrovia, Sierra Madre, Los Angeles County, and Arcadia using its OVS facilities, although it was doing so, and had an application pending for such authority as discussed above. That application has since been dismissed for failure to prosecute, and authority was not obtained. Applicant is now providing service in those cities using the OVS facilities it purchased from Altrio.

No useful purpose would be served by denying Applicant full facilities-based authority to use the existing OVS facilities acquired from Altrio to provide telecommunications services for which Altrio sought, but did not receive approval. Since the OVS facilities were constructed pursuant to agreements with the cities of Monrovia and Sierra Madre, and Los Angeles County, and a cable franchise in Arcadia, and were used for services other than telecommunications, the facilities would continue in operation irrespective of how we resolve the issue of full facilities-based authority in this proceeding. Likewise, Applicant had nothing to do with the construction of these facilities, or their initial use by Altrio in providing telecommunications services without authorization. In addition, the only way Applicant could avoid use of these facilities to provide telecommunications services would be to discontinue service to customers. Therefore, we will authorize Applicant to provide full facilities-based services using the facilities it acquired from Altrio. In addition, we see no reason to impose a penalty on Applicant for the provision of telecommunications services using the OVS facilities acquired from Altrio, which Altrio was not authorized to use for providing telecommunications services. Notwithstanding the above, we caution Applicant that if it wishes to expand its existing OVS facilities, it must obtain a facilities-based CPCN for such facilities before it can provide telecommunications services using them.