Assignment of Proceeding

Susan P. Kennedy is the Assigned Commissioner and Myra J. Prestidge is the assigned Administrative Law Judge in this proceeding.

1. Focal CA is a wholly-owned subsidiary of Focal Financial Services, which is a wholly owned subsidiary of Focal.

2. Focal does not hold a CPCN to provide telecommunications services in this state but is authorized to provide local and long distance services in 20 states through its subsidiaries.

3. By D.98-01-015 and D.98-03-066, Focal CA was granted a CPCN to operate in California as a limited facilities-based and resale interexchange carrier.

4. Corvis does not hold a CPCN to provide telecommunications services in this state.

5. Corvis has experience in the telecommunications field, because its subsidiary, Broadwing, has a CPCN to provide facilities-based and resold interexchange services in this state, and because Corvis designs, manufactures, and sells communications systems.

6. As a result of the transaction, Corvis will own Focal and therefore will own and have ultimate control of Focal CA.

7. There will be no change in the name or day-to-day management of Focal CA as a result of the transaction.

8. Customers will continue to receive service under the same rates, terms, and conditions after the transaction.

9. Corvis has sufficient financial resources to meet the Commission's requirements to provide facilities-based and resold local exchange and interexchange services.

10. Corvis possesses the necessary technical expertise to meet applicable Commission requirements..

11. Notice of this application appeared on the Commission's Daily Calendar on March 19, 2004.

12. There were no protests to this application.

13. No hearings are necessary.

1. The Commission will apply the same requirements to a request for approval of an agreement to acquire control of a facilities-based and resale provider of local exchange and interexchange telecommunications services within California as it does to an applicant for authority to provide such services.

2. Corvis meets the Commission's requirements for the issuance of a CPCN to provide facilities-based and resold local exchange and interexchange telecommunications services.

3. The transaction is not adverse to the public interest.

4. In order to avoid delaying this transaction, this decision should be made effective immediately.

ORDER

IT IS ORDERED that:

1. Pursuant to Pub. Util. Code §§ 852 and 854, the joint application of Focal Communications Corporation (Focal) and Corvis Corporation (Corvis) for approval of the indirect transfer of control of Focal, including Focal Communications Corporation of California, to Corvis is approved.

2. This application is closed.

This order is effective today.

Dated April 22, 2004, at San Francisco, California.

Previous PageTop Of PageGo To First Page