IX. Assignment of Proceeding

Susan P. Kennedy is the Assigned Commissioner and Bertram D. Patrick is the assigned Administrative Law Judge in this proceeding.

1. TCI possesses a CPCN to provide resold local exchange telecommunications services within the territories of Pacific, Verizon, SureWest and CTC and statewide interexchange services within California under the U 6829-C corporate identification number.

2. Applicants seek authority for John Toepfer to acquire control of TCI. Toepfer currently owns 20% of the voting stock of TCI and proposes to purchase additional stock from Alice Burk, a co-founder of TCI and its majority shareholder. Upon completion of the transaction Toepfer will own 81% of the voting stock of TCI and will have direct control over TCI.

3. Pub. Util. Code § 854(a) requires Commission authorization to transfer control of a public utility. Any transfer of control without Commission authorization is void under the statute.

4. TCI has sufficient cash and cash equivalence to provide the necessary funding for daily operations.

5. TCI will continue offering its current services and use the same name and authority after the transfer of control.

6. TCI is current on reporting and transmitting the user fees applicable to its California operations.

7. Upon completion of the transaction, TCI will continue to be operated by the same existing management team.

8. Toepfer is qualified to own and operate TCI.

9. There is no opposition to this application.

1. This is a ratesetting proceeding and no hearing is necessary.

2. This application should be approved and become effective immediately because it is not adverse to the public interest and the public may benefit from ability of TCI to maintain and expand its services and operations in California.

3. Approval of this application is not a finding of value of the rights and property being transferred.

ORDER

IT IS ORDERED that:

1. John Toepfer is authorized pursuant to §§ 851-844 of the Public Utilities Code to acquire 81% of the ownership interests of Telecom Consultants, Inc., (TCI) as more fully described in the application and exhibits attached to the application.

2. TCI shall notify the Director of the Commission's Telecommunications Division in writing of the transfer of control, as authorized herein, within 30 days of this order. A true copy of the instrument(s) of transfer shall be attached to the notification.

3. Application 05-09-024 is closed.

This order is effective today.

Dated December 15, 2005, at San Francisco, California.

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