ALJ/SRT/avs DRAFT CA-3
2/8/2001
Decision DRAFT DECISION OF ALJ THOMAS (Mailed 1/8/01)
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Application of State Communications, Inc. (U-6079-C), TriVergent Communications, Inc., Gabriel Communications, Inc., and Triangle Acquisition, Inc. for Approval of a Transfer of Control. |
Application 00-07-050 (Filed July 27, 2000) |
1. Summary
This decision grants State Communications, Inc. (SCI), TriVergent Communications, Inc. (TVCI), Gabriel Communications, Inc. (Gabriel), and Triangle Acquisition, Inc. (Triangle) (collectively, Applicants) approval pursuant to Public Utilities Code Section 852 and 8541 of a proposed merger agreement.2 If we approve the merger, SCI and its subsidiaries will combine with Gabriel and its subsidiaries to form a much larger telecommunications company. Gabriel will control the merged entity. The application is unopposed.
1 As we discuss below, Applicants only seek Section 852 authorization; in our view, they should also have sought authorization pursuant to Section 854. Because the public interest test in both sections is the same, we deem Applicants to have invoked both sections of the statute in their application. 2 The application was filed on July 27, 2000 and appeared in the Commission's Daily Calendar on August 3, 2000. On August 29, 2000, Applicants supplemented their application with a compliance filing in response to a ruling of the assigned Administrative Law Judge (Compliance Filing).
