STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor
PUBLIC UTILITIES COMMISSION
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3298
March 26, 2004 Agenda ID #3390
Ratesetting
TO: PARTIES OF RECORD IN APPLICATIONS 03-11-011, 03-11-013
This is the draft decision of Administrative Law Judge (ALJ) Thomas. It will not appear on the Commission's agenda for at least 30 days after the date it is mailed. The Commission may act then, or it may postpone action until later.
When the Commission acts on the draft decision, it may adopt all or part of it as written, amend or modify it, or set it aside and prepare its own decision. Only when the Commission acts does the decision become binding on the parties.
Parties to the proceeding may file comments on the draft decision as provided in Article 19 of the Commission's "Rules of Practice and Procedure." These rules are accessible on the Commission's website at http://www.cpuc.ca.gov. Pursuant to Rule 77.3 opening comments shall not exceed 15 pages. Finally, comments must be served separately on the ALJ and the assigned Commissioner, and for that purpose I suggest hand delivery, overnight mail, or other expeditious method of service.
/s/ ANGELA K. MINKIN
Angela K. Minkin, Chief
Administrative Law Judge
ANG:jva
Attachment
ALJ/SRT/jva DRAFT Agenda ID #3390
Ratesetting
Decision DRAFT DECISION OF ALJ THOMAS (Mailed 3/26/2004)
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In Touch Communications, Inc. and Inflexion California Communications Corp., for the sale and purchase, respectively of the customer base, operating authorities and other assets. |
Application 03-11-011 (Filed November 10, 2003) |
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Inflexion California Communications Corp., for a certificate of public convenience and necessity to provide resold and limited facilities-based competitive local exchange service throughout the service territories of SBC California, Inc., Verizon California Inc., Roseville Telephone Company, and Citizens Telecommunications Company of California, Inc.; and resold and facilities-based interexchange service. |
Application 03-11-013 (Filed November 19, 2003) |
OPINION
I. Summary
This decision denies the applications of Inflexion California Communications Corp. (Inflexion) (1) for approval of the acquisition of the assets of In Touch Communications Inc. (In Touch) pursuant to Pub. Util. Code § 851, and (2) for a Certificate of Public Convenience and Necessity (CPCN) to provide resold and limited facilities-based competitive local exchange service and resold and facilities-based interexchange service.
We find that Inflexion has failed to establish that its management team is qualified to serve California residential customers, in part because key Inflexion managers were recently fined in excess of $400,000 for misconduct in Pennsylvania in connection with a telecommunications company they ran in that state. The circumstances surrounding the fine, and the prior company's failure to pay the fine, make it impossible for us to satisfy ourselves that we would have sufficient ability to control Inflexion's behavior in California through our own ability to levy fines or otherwise require compliance with our rules.
