VI. Technical Qualifications of Applicant

To be granted a CPCN for authority to provide local exchange service, an applicant must make a reasonable showing of technical expertise in telecommunications or a related business. Applicant supplied biographical information on its management that demonstrates that it has sufficient business expertise and training to operate as a telecommunications carrier.

Applicant represents that no one associated with or employed by Applicant as an affiliate, officer, director, partner, or owner of more than 10% of Applicant was previously associated with nondominant interexchange carrier (NDIEC) that filed for bankruptcy or went out of business, or was sanctioned by the Federal Communications Commission or any state regulatory agency for failure to comply with any regulatory statute, rule, or order, except as follows.

Applicant received a complaint filed with the Georgia Public Service Commission (GPSC) alleging that it failed to provide toll-free calling for certain interLATA intercounty calls, as required. The GPSC held a hearing and subsequently adopted Applicant's stipulation to, among other things, issue a credit to all affected Georgia customers and pay a $10,000 penalty. The GPSC closed the docket by an order dated July 18, 2000.

In 1997, Applicant, then known as UniDial Communications, Inc., purchased Metracom Corporation (Metracom). Prior to the purchase, Metracom had been sanctioned by the Vermont Public Service Board (VPSB) for providing local service without authority. Pursuant to a stipulation entered into by Metracom and the VPSB dated March 18, 1998, Metracom was to be on probation for two years and to refund and/or credit all revenues earned by Metracom from Vermont customers back to the customers. The customers have received their refunds and/or credits and the probation period has passed. The VPSB subsequently approved Metracom's application to provide toll and local service in Vermont.

By D.94-02-009 and D.94-12-037, Applicant was granted a CPCN to provide interexchange telecommunications services. By D.97-03-036, Applicant was authorized to resell local exchange services (U-5359-C).

There are no current actions pending against Applicant in California. Therefore, we are satisfied that Applicant has corrected its past mistakes.

We find that Applicant has met our requirement that it possesses adequate technical expertise to operate as a CLC.

Commission staff also reviewed Applicant's draft tariffs for compliance with Commission rules and regulations. The deficiencies are noted in Attachment B of this decision. In its compliance tariff filing, Applicant is directed to correct these deficiencies as a condition of our granting approval of the tariffs.