6. Relinquishment and Cancellation of CPCN; Future Reapplication.
6.1. The Companies hereby agree that by the last Day of the Transition Period, they will relinquish their CPCNs held in the name of the following persons or corporations: (i) Long Distance Charges, Inc. (U-5561-C); (ii) Least Cost Routing, Inc. (U-4206-C); (iii) National Telecommunications, Inc. (ESP1176); and (iv)) Internet Telephone Company, Inc., (U- 6107-C). Respondents concur with CSD's request in this Settlement and the Joint Motion that in its decision adopting the Settlement, the Commission shall order the Companies' CPCNs canceled as of the last Day of the Transition Period.
6.2. Unless already terminated, Respondents shall by the last Day of the Transition Period (i) terminate, (ii) cause to have terminated, or (iii) amend as to preclude the Companies from providing telecommunications services within California, the following agreements among themselves:
· The Restructuring and Settlement Agreement dated March 19, 1997;
· The Employment Agreement between TS and Gershenson dated March 19, 1997;
· The Resale Agreement (dated on or about January 1998); and
· The Third Party Payment Agreement dated on or about March 199817
Within FIVE (5) Days after the end of the Transition Period, Respondents shall provide CSD documentary proof of any contractual termination or modification described above.
6.3. The Companies agree that for the next succeeding FIVE (5) years beginning with the last Day of the Transition Period (the "5-Year Period"), they will not do business as a Telephone Corporation within California on a wholesale or retail basis with California consumers.
6.4. During the same 5-Year Period, the Companies agree that they or any Telephone Corporation that the Companies own, control, operate, manage, or hold a TEN (10) percent or greater shareholder interest in, whether directly or indirectly, shall not apply for any CPCN. If after such 5-Year Period the Companies (whether jointly or severally) re-apply for a CPCN, such applicant(s) shall provide the Director of CSD and Assistant General Counsel of the Enforcement and Litigation Section of the Legal Division with a copy of their application; apply in accordance with Section 1001; and include the following data in their application:
· A reference to the Commission's I.00-01-018;
· Proof of the pertinent Companies' fitness to operate within California;
· A specific plan for provisioning any telephone service to California consumers by using a unique PIC or CIC code that will enable Commission Staff to monitor any of the pertinent Companies' California operations;
· Disclosure of any state or Federal administrative, law enforcement agency, or judicial proceedings, in which the Companies are or have been parties to the action and which include allegations of consumer fraud, switching consumers' telephone service provider without authorization, or any other alleged unlawful conduct.
