Bushey Attachment A
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STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

February 2, 2005 Agenda ID # 4287

TO: PARTIES OF RECORD IN INVESTIGATION 04-07-005

This is the draft decision of Administrative Law Judge (ALJ) Bushey. 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/ STEVEN KOTZ by ANGELA K. MINKIN

Angela K. Minkin, Chief

Administrative Law Judge

ANG:eap

Attachment

ALJ/MAB/eap DRAFT Agenda ID # 4287

Decision DRAFT DECISION OF ALJ BUSHEY (Mailed 2/2/2005)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Investigation on the Commission's own motion into the operations and practices of Vycera Communications, Inc. (U-5477) and its officers and primary shareholders, Derek M. Gietzen and Thalia R. Gietzen, to determine whether respondents have violated the laws, rules and regulations governing the manner in which California consumers are switched from one telephone carrier to another and billed for telephone products or services.

Investigation 04-07-005

(Filed July 8, 2004)

OPINION APPROVING SETTLEMENT AGREEMENT

1. Summary

This decision approves a settlement agreement between the Commission's Consumer Protection and Safety Division (CPSD) and Vycera Communications, Inc., and its officers and primary shareholders (Vycera). The settlement agreement, which is attachment A to this decision, provides for numerous changes to Vycera's operations, enhanced CPSD oversight, and a substantial fine.

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