Assignment of Proceeding

Timothy Alan Simon is the assigned Commissioner and Jacqueline A. Reed is the assigned ALJ and presiding officer in this proceeding.

Findings of Fact

1. Binstok, an individual doing business as A Admiral or J B Moving, operates an unlicensed moving business in Los Angeles County, California.

2. A Admiral or J B Moving has falsely held itself out to the public as a licensed household goods carrier by displaying an invalid permit number in its advertisements in two Los Angeles area AT&T Yellow Pages directories in November 2006 and April 2007.

3. AT&T California and Verizon disconnected telephone numbers (323) 934-6683 and (800) 831-6683, respectively, upon receipt from the CPSD of a Finding of Probable Cause, signed by Judge Maral Injejikian and dated September 18, 2007.

4. Pursuant to Pub. Util. Code § 5322(d) and Tariff Rule 31(A)(2), Binstok filed a complaint seeking restoration of the telephone numbers disconnected by AT&T California and Verizon, and a timely hearing was held on the complaint on October 18, 2007.

5. The CPSD presented credible evidence through three investigators and a supervisor of CPSD's transportation Enforcement Section that the telephone service at issue here was being used to violate and assist in the violation of the state laws governing the licensing and conduct of household goods carriers.

6. A Admiral or J B Moving, an unlicensed moving company, poses a danger to public welfare and safety because it operates without accountable to State laws.

Conclusions of Law

1. In Goldin, the California Supreme Court approved the process set out in Tariff Rule 31, against constitutional challenges.

2. Goldin, Pub. Util. Code § 5322 and Rule 31 require the Commission to examine the face of the affidavit supporting the finding of probable cause on which the disconnection of telephone service is based in order to determine the adequacy of the affidavit and weigh any request for relief.

3. Pub. Util. Code § 5322 and Rule 31 place the burden on the law enforcement agency responsible for a disconnection to (1) show that the telephone service was used directly or indirectly to violate or assist in violating the law; (2) show that the character of the violation was such that significant dangers to public health, safety, or welfare would result if immediate and summary action had not been taken; and (3) show that the service should not be restored.

4. In satisfaction of Pub. Util. Code § 5322(e), the CPSD demonstrated at hearing that Complainant had been utilizing the disconnected telephone numbers to operate an unlicensed moving company, and if the telephone services were restored, Complainant would likely resume the illegal activity.

5. The affidavit set forth in Exhibit 1, and the ten attachments which were affixed to the affidavit presented to the Court, are adequate to support the Court's disconnection order of September 18, 2007.

6. The request for immediate restoration of the disconnected telephone lines should be denied.

7. Complainant's appeal of the Presiding Officer's Decision should be denied.

8. Because the complaint seeks immediate action by the Commission, this order should be made effective immediately.

ORDER

IT IS ORDERED that:

1. The complaint of Jacob David Binstok, doing business as A Admiral or J B Moving, seeking restoration of telephone lines (323) 934-6683 and (800) 831-6683, disconnected pursuant to Public Utilities Code Section 5322 and AT&T California and Verizon Tariff Rules No. 31, is denied.

2. Complainant's appeal of the Presiding Officer's Decision is denied.

3. Case 07-09-023 is closed.

This order is effective today.

Dated April 10, 2008, at San Francisco, California.

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