ALJ/JLG/tcg DRAFT CA-17

3/6/02

Decision

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Investigation on the Commission's own motion and Order to Show Cause into the operations, practices and conduct of Titan Telecommunications, Inc. (U-6224), and Christopher Bucci, its President and owner, Respondents.

Investigation 01-03-021 (Filed March 15, 2001)

ORDER EXTENDING STATUTORY DEADLINE

We extend the deadline for resolving this adjudicatory proceeding until October 31, 2002. Pub. Util. Code § 1701.2(d) provides that adjudicatory cases shall be resolved within 12 months of initiation unless the Commission makes findings why that deadline cannot be met and issues an order extending that deadline. The 12-month deadline for resolving this matter is March 15, 2002. An extension is necessary to reasonably accommodate issuance of the presiding officer's decision (POD) and any ensuing appeal or request for review.

Background

The need for this extension is twofold. First, circumstances dictated issuance of this Order Instituting Investigation (OII) in advance of the completion of the Consumer Services Division's (CSD) investigation. Second, the parties have requested extensions of time to prepare testimony and continuance and consolidation of scheduled hearings. We have contemplated that the CSD's investigation of whether Respondent Bucci was an alter ego of ACI Communications, Inc., and is an alter ego of Respondent Titan Telecommunications, Inc., and should be liable for their alleged violations of pertinent statutes and regulations, could require more than 12 months for decision. The parties also have requested extensions of time to prepare testimony. On September 28, 2001, Respondents filed a motion to amend the procedural schedule. The August 27, 2001, Assigned Commissioner Ruling (ACR) set two phases of hearings, the first for October 2001, and the second for January 2002. Respondents requested that the Commission consolidate hearings for the revocation and alter ego phases and set them for the second week of January 2002. CSD did not oppose consolidation and the proposed schedule. By an October 4, 2001, Administrative Law Judge (ALJ) ruling, the hearings were consolidated and continued to January 8-11, 2002.

CSD's Phase II (alter ego) declarations were due on November 5, 2001. On November 2, 2001, CSD sent a letter stating that Respondents' failure to respond to a data request had delayed the preparation of those declarations. Respondents replied that CSD did not timely communicate the need for the responses, the responses were provided on November 7, 2001, and that Respondents needed the original four weeks provided in the current schedule for Respondents to submit their testimony/declarations in response to CSD's declarations. By a December 4, 2001, ALJ ruling, the Phase II hearings were taken off calendar and the Phase I hearings remained as scheduled.

Phase I hearings were held on January 8, 2002. After a second prehearing conference on January 30, 2002, a February 4, 2002, ALJ ruling set a new Phase II hearing schedule. Hearings are scheduled on April 24 and 25, 2002. To permit sufficient time for briefing, preparing a presiding officer's decision (POD), and Commission consideration of any appeals or requests for review, it is anticipated that this proceeding will be resolved by October 31, 2002.