Assignment of Proceeding
Susan P. Kennedy is the Assigned Commissioner and Jacqueline A. Reed is the assigned Administrative Law Judge in this proceeding.
Findings of Fact
1. Resolution ALJ 176-3137 determined that this was a ratesetting proceeding and that hearings were not necessary.
2. Notice of this application appeared in the Commission's Daily Calendar of August 20, 2004.
3. No protests were filed.
4. Applicants sought review under Section 854 of the Public Utilities Code.
5. H.I.G. has sufficient financial resources to meet the Commission's requirements to operate as a nondominant reseller of interLATA and intraLATA interexchange services in the state.
6. Given joint applicants stated intention to retain the current managerial team of Evercom, H.I.G. will possess the necessary technical expertise required by the Commission.
7. No new construction is being proposed in this application.
8. H.I.G. has no complaints (alleging fraud or significant wrongdoing) pending against it before this Commission, the FCC or any other state Commission.
1. An uncertificated entity seeking indirect control of a public utility in California should do so pursuant to Pub. Util Code § 854.
2. The indirect transfer of control of Evercom to H.I.G. is not adverse to the public interest.
3. This proceeding is designated as a ratesetting proceeding; no protests have been received; no hearing is necessary.
4. It can be seen with certainty that the proposed transfer will not have any adverse impact on the environment.
5. H.I.G. meets the Commission's requirements for an acquiring company of authorized providers of local exchange and interexchange telecommunications services.
6. The application should be approved pursuant to Pub. Util. Code § 854(a); since the matter is uncontested, the decision should be effective on the date it is signed.
7. The application is noncontroversial and may be granted by the Executive Director pursuant to authority delegated by the Commission.
IT IS ORDERED that:
1. Pursuant to Pub. Util. Code § 854(a), the indirect transfer of control of Evercom Systems, Inc. to H.I.G. Capital Partners III, L.P., in accordance with the Agreement and Plan of Merger submitted in conjunction with Application (A.) 04-08-001, is authorized.
2. The application is noncontroversial and may be granted by the Executive Director pursuant to authority delegated by the Commission.
3. A.04-08-001 is closed.
This order is effective today.
Dated November 10, 2004, at San Francisco, California.
/s/ STEVE LARSON
STEVE LARSON |
