docs.cpuc.ca.govdocs.cpuc.ca.gov/.../Published/G000/M285/K912/285912644.docx · Web viewOn November 13, 2018, the California Public Utilities Commission’s (Commission) Consumer

ALJ/ZK1/rp4 PROPOSED DECISION Agenda ID #17370Ratesetting

Decision _____________

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Miron Enterprises, LLC for Registration as an Interexchange Carrier Telephone Corporation pursuant to the Provisions of Public Utilities CodeSection 1013.

Application 18-10-005

DECISION ADOPTING SETTLEMENT AND GRANTING MIRON ENTERPRISES, LIMITED LIABILITY COMPANY A

CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

SummaryPursuant to Public Utilities Code Section 1001, we grant Miron

Enterprises, Limited Liability Company (Miron) a certificate of public convenience and necessity to provide resold interexchange services in California subject to the terms and conditions set forth in the Ordering Paragraphs.1 We also adopt and approve the settlement agreement between Miron and the California Public Utilities Commission’s Consumer Protection and Enforcement Division. This proceeding is closed.

1. BackgroundOn October 11, 2018, Miron Enterprises, Limited Liability

Company (Miron or Applicant), a Georgia corporation authorized to do 1 While this application was filed pursuant to Public Utilities Code Section 1013, an expedited and ministerial registration process, the protest of the Commission’s Consumer Protection and Enforcement Division and resulting assignment to an Administrative Law Judge removed it from the registration track. It has therefore been evaluated as a certificate of public convenience and necessity under Public Utilities Code Section 1001.

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A.18-10-005 ALJ/ZK1/rp4 PROPOSED DECISION

business in California, filed an application for a certificate of public convenience and necessity (CPCN) to provide resold interexchange service in California (Application).

Miron proposes to provide interexchange voice service and prepaid international long-distance calling card voice service in California.

Miron’s principal place of business is located at 47 Perimeter Center East, Suite 430, Atlanta, GA 30346.

On November 13, 2018, the California Public Utilities Commission’s (Commission) Consumer Protection and Enforcement Division (CPED) filed a protest to Miron’s Application. In its protest, CPED alleged Miron violated Public Utilities Code Sections 401, 702, 2101, 2881 et seq. for operating without a license since January 2015 and for failing to pay applicable surcharges and user fees. Miron filed no response to CPED’s protest.

On January 25, 2019, the assigned Administrative Law Judge (ALJ) (ALJ Kline) held a Prehearing Conference (PHC) to discuss the parties, the issues to be determined, categorization, need for hearing and schedule for the proceeding. During the prehearing conference, Miron and CPED informed ALJ Kline that they had reached a settlement in principle and were working on the terms of the proposed settlement.

The Assigned Commissioner’s Scoping Memo and ALJ’s Ruling Requesting Additional Information was issued on February 19, 2019. Miron responded to ALJ Kline’s ruling requesting additional information on March 12, 2019. Miron and CPED jointly filed a motion for Commission adoption of the Settlement Agreement Between Miron and CPED (Settlement Agreement) on March 18, 2019.

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2. JurisdictionPubic Utilities Code Section 216(a) defines the term “public

utility” to include a “telephone corporation,” which in turn is defined in Pubic Utilities Code Section 234(a) as “every corporation or person owning, controlling, operating, or managing any telephone line for compensation within this state.”

Miron proposes to provide interexchange voice service and prepaid international long-distance calling card voice service in California. Miron is a telephone corporation and a public utility subject to our jurisdiction.3. Settlement Agreement

On March 18, 2019, Miron and CPED (the Settling Parties) filed a joint motion for approval of the Settlement Agreement. Based on voluntary disclosures by Miron, the Settling Parties agreed to a set of facts as the basis for entering into the Settlement Agreement included as Attachment E of this decision.

CPED became aware that Miron operated in California without a license when Miron submitted an application for registration as an interexchange carrier in the state of California, indicating in its Application that it began providing telecommunications services in California in January 2015. After an initial investigation, CPED confirmed Miron had operated in California since January 2015 and determined Miron failed to pay applicable surcharges and user fees to the Commission since beginning operations. CPED timely protested Miron’s application for a registration, and the application was reassigned from the Commission’s Communications Division (CD) examiner to ALJ Kline on December 14, 2018.

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The Settling Parties held an initial conference call on December 20, 2018, wherein Miron expressed an interest in addressing and resolving past deficiencies. They continued communications through email thereafter and reached a settlement agreement on January 23, 2019.

The Settlement Agreement resolves all issues in CPED’s protest and investigation. Miron acknowledges 1) Pubic Utilities Code Section 1013 requires a provider of interexchange services to comply with Commission registration requirements and 2) Miron did not obtain Commission authorization prior to offering its services in California. In the Settlement Agreement, Miron states it will fully meet its regulatory and legal obligations in the future.

The Settling Parties agree that the Settling Agreement reasonably addresses the issue of Miron’s operation without a license. In recognition of Miron’s failure to obtain approval from the Commission prior to offering interexchange service within California, the Settlement Agreement calls for Miron to pay a penalty to the State of California General Fund in the amount of $20,000 within 20 days of the effective date of this decision. The Settling Parties also agree that Miron shall pay retroactive surcharge and user fees in the amount of $1,547.71 within 20 days of the effective date of the Commission’s approval of the Settlement Agreement.

3.1. Discussion In evaluating the Settlement Agreement, the Commission is

guided by Rule 12.1(d).2 The Commission historically favored settlement agreements as a means of resolving contested issues where the settlement agreement is in the public interest, reasonable in 2 All references to “Rule” or “Rules” herein refer to the Commission’s Rules of Practice and Procedure.

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light of the record and consistent with the law. The Settlement Agreement, included in this Decision as Attachment E, satisfies these criteria. Accordingly, this decision adopts the Settlement Agreement, and grants Miron a CPCN to provide resold interexchange services in California. Approval of Miron’s application is conditioned on its compliance with the terms of the Settlement Agreement.

The Settlement Agreement is in the public interest. Approving the Settlement Agreement is consistent the Commission’s well-established policy of supporting resolution of disputed matters through settlement, and avoids the time, expense, and uncertainty of evidentiary hearings and further litigation. This Decision finds the benefit of approving this settlement, including Miron’s payment of penalties and past-due surcharges and user fees to the State of California General Fund, offers a reasonable resolution in comparison to continued litigation and its associated costs. Also, granting this application will benefit the public interest by expanding the availability of telecommunications services in the state.

The Commission favors settlements that are fair and reasonable in light of the record as a whole. The record in this proceeding consists of the application, CPED’s protest, Miron’s response to the ALJ’s request for additional information and the Settlement Agreement. It provides a clear and succinct description of the facts at issue between Miron and CPED in this Application. The Settlement Agreement also reasonably resolves the question of Miron’s compliance with the Commission’s rules prior to filing this Application because Miron agrees acknowledges it failed to obtain authority from the Commission prior to offering resold interexchange services in California. Miron will be held responsible for a penalty of $20,000 and past-due surcharges and user

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fees of $1,547.71; which we find reasonable in light of the record as a whole.

The Settlement Agreement does not contravene any statutory provisions or prior Commission decisions, and it provides sufficient information for the Commission to discharge future regulatory obligations. The Settlement Agreement’s collection of past surcharges and user fees is in accordance with General Order 153’s mandate to collect of user fees and surcharges from utilities under Commission jurisdiction as well as Pubic Utilities Code Sections 275, 276, 280, 281, 401-405, 431, 739.3, 871 et seq., and 2881.1 et seq. The Settlement Agreement’s penalty for operating without a license is consistent with the Commission’s authority to impose penalties pursuant to Pubic Utilities Code Sections 701, 2106, 2107 and 2108. The Settlement Agreement does not constitute a precedent regarding any principle or issue in this proceeding or any future proceeding.

Approving the Settlement Agreement holds Miron accountable for the consequences of its prior violation of Commission rules by assessing a penalty payment. In assessing the reasonableness of the $20,000 penalty payment required by the Settlement Agreement, we look to the criteria in Decision (D.) 98-12-075, including 1) the severity of the offense, 2) the conduct of the utility, 3) totality of the circumstances, 4) financial resources of the utility and 5) the role of precedent.

First, we consider the severity of offense. The size of the fine should be proportionate to the severity of the offense, based on the level of physical harm, economic harm, harm to the regulatory process, and the number and scope of violations. It is also appropriate to consider the size of the utility and experience before the Commission.

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Miron’s violation did not result in physical harm but failure to pay surcharges and user fees causes economic harm for customers receiving a benefit from the Commission’s Public Purpose Programs. Also, compliance is absolutely necessary for the proper functioning of the regulatory process. The Commission imposes a fine here to express disapproval of Miron’s operation without a license and failure to pay applicable surcharges and user fees since January 2015.

Second, we consider the utility’s conduct to prevent, detect, disclose, and rectify the violation. Miron operated in California from January 2015 to the date of the application without submitting an application for a registration. However, Miron initiated the application for a registration on its own initiative. We also find Miron was forthright in disclosing its operations in California in its application for a registration and in subsequent communications with CPED, which led to an early resolution of disputes in this proceeding. As part of the settlement agreement, Miron agrees to comply with all Commission rules, orders and decisions.

Third, we consider the utility’s financial resources. Our review of the Applicant’s finances suggests the $20,000 penalty is significant but it would not impact Miron’s ability to continue providing service to its customer base.

Fourth, we consider the public interest in assessing a penalty. The public interest was harmed when Miron operated in California without a license. “It is the policy of the Commission that all telecommunications providers shall be subject to appropriate regulation designed to safeguard against anti-competitive conduct.”3 Anti-competitive conduct is indicated because Miron provided

3 D.95-09-054, Appendix A (Public Policy Objective D).

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telecommunications service while avoiding Commission jurisdiction, and payment of applicable user fees and surcharges.

Fifth, we consider the totality of the circumstances. In D.98-12-075, the Commission held that a fine should be tailored to the unique facts of the case. In assessing the unique facts of each case, the Commission stated that it would consider the following factors:

1. The degree of wrongdoing–the Commission will review facts that tend to mitigate the degree of wrongdoing as well as facts that exacerbate the wrongdoing.

2. The public interest–in all cases, the harm will be evaluated from the perspective of the public interest.

The facts in this case indicate that the degree of wrongdoing, though serious, were not egregious. Though it appears Miron’s operation in California without a license was intentional, Miron corrected its noncompliance on its own initiative. As discussed above, the public interest is served by assessing a penalty for operating without a license.

Finally, we consider Commission precedent. CPED routinely enters not similar settlement agreements to cure violations in applications for registrations or CPCNs through the Commission’s penalty process.4 For example, the Commission adopted a settlement agreement wherein the applicant offering resold interexchange services in California paid a $25,000 penalty for operating without a license and $375 for past due user fees and associated penalties.5 Therefore, we find Commission precedent supports adopting the proposed Settlement Agreement.4 See e.g., D.17-03-004; D.17-03-005. 5 D.16-02-002.

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Considering the five factors in D.98-12-075, Attachment B, we find the penalty amount of $20,000 reasonable. We also adopt the Settlement Agreement because it is in the public interest, reasonable in light of the record as a whole and consistent with the law.

The Settlement Agreement resolves all disputed issues before the Commission. Miron shall pay $21,547.71 within 20 days of the effective date of this Decision.4. California Environmental Quality Act (CEQA)

Pursuant to the California Environmental Quality Act (CEQA)6 and Rule 2.4 of the Commission’s Rules, the Commission acts as the designated lead agency to consider the environmental consequences of projects that are subject to our approval in order that adverse effects are avoided, alternatives are investigated, and environmental quality is restored or enhanced to the fullest extent possible. Since Miron states that it does not intend to construct any facilities or equipment in existing buildings or structures, it can be seen with certainty that there is no possibility that granting this application will have an adverse impact upon the environment. Before it can construct facilities or equipment in existing buildings or structures, Miron must file for additional authority, and submit to any necessary CEQA review.5. Financial Qualifications

To be granted a CPCN, an applicant requesting authority to provide resold interexchange services must demonstrate it has a minimum of $25,000 cash or cash equivalent, reasonably liquid and readily available to meet the firm’s start-up expenses.7 Miron provided

6 Public Resources Code Section 21000 et seq. 7 The financial requirement for Competitive Local Exchange Carriers (CLEC) is contained in D.95-12-056, Appendix C. The financial requirement for Non-Dominant Interexchange Carriers (NDIEC) is contained in D.91-10-041.

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a six-month certificate of deposit for $25,000 as well as an affidavit stating the funds reflected in the certificate of deposit would be available for at least 12 months.

Since Miron provided documentation showing it possesses a minimum of $25,000 that is reasonably liquid and available, Miron demonstrated that it has sufficient funds to meet its start-up expenses and has fulfilled this requirement. Miron’s financial documentation is subject to verification and review by the Commission for one year to ensure that such funds are available.6. Technical Qualifications

To be granted a CPCN for authority to provide resold interexchange service, an applicant must make a reasonable showing of managerial and technical expertise in telecommunications or a related business.8 Miron supplied biographical information on its management in Exhibit G to its application that demonstrates it has sufficient expertise and training to operate as a telecommunications provider.

In its application, Miron verified that no one associated with or employed by Miron as an affiliate, officer, director, partner, or owner of more than 10 percent of Miron, or anyone acting in a management capacity for Miron:

1) (a) held one of these positions with a company that filed for bankruptcy; (b) been personally found liable, or held one of these positions with a company that has been found liable, for fraud, dishonesty, failure to disclose, or misrepresentations to consumers or others; (c) been convicted of a felony; (d) been (to his/her knowledge) the subject of a criminal referral by judge or public agency; (e) had a

8 D.95-12-056 at Appendix C, Rule 4.A.

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telecommunications license or operating authority denied, suspended, revoked, or limited in any jurisdiction; (f) personally entered into a settlement, or held one of these positions with a company that has entered into settlement of criminal or civil claims involving violations of Sections 17000 et seq., Sections 17200 et seq., or Sections 17500 et seq. of the California Business & Professions Code, or of any other statute, regulation, or decisional law relating to fraud, dishonesty, failure to disclose, or misrepresentations to consumers or others; or (g) been found to have violated any statute, law, or rule pertaining to public utilities or other regulated industries; or (h) entered into any settlement agreements or made any voluntary payments or agreed to any other type of monetary forfeitures in resolution of any action by any regulatory body, agency, or attorney general.9

Also, to the best of Miron’s knowledge, neither Miron, or any affiliate, officer, director, partner, nor owner of more than 10% of Miron, or any person acting in such capacity whether or not formally appointed, is being, or has been investigated by the Federal Communications Commission or any law enforcement or regulatory agency for failure to comply with any law, rule or order.10

While Miron falsely submitted certification to the requirements of D.13-05-035 in its Application, due to its prior noncompliance for operating without a license, Miron admitted to its past noncompliance by admitting it operated in California since January 2015. Miron also agreed to comply with every applicable Commission order, decision, direction or rule in the future. Finally, Miron agreed to pay $21,547.71 in penalties and for past-due user fees and surcharges owed.

9 These certifications are required by D.13-05-035, Ordering Paragraph 14.10 Id.

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Furthermore, ALJ Kline performed a routine background check on Miron’s top level executives and ran a business report on Miron, and found nothing contrary to Miron’s certification. For the above reasons, we find Miron in compliance with the requirements of D.13-05-035.7. Tariffs

Miron does not provide basic local, access or special access services. Based on the limited forms of service that Miron is authorized to offer pursuant to the CPCN granted herein, Miron is not required to file tariffs as a condition of offering telecommunications services as proposed in its application.8. Expected Customer Base

Miron must provide its customer base after the first and fifth year of operation. Since Miron began operating in January 2015, its customer base after one year of service was 22,869 customers in California. Miron’s current customer base in California is 18,362. Miron’s estimated customer base in California for the fifth year of operation is 17,500 customers. Since Miron provided its expected customer base after the first and fifth year of operation, Miron has complied with this requirement.

9. Request for Treatment as a Non-dominant CarrierApplicant requests treatment as a non-dominant interexchange

carrier, which would include exemption from the requirements of Public Utilities Code Section 816-830 concerning stocks and security and Section 851 concerning the encumbrance and transfer of utility property. While the Commission has granted exemption from Sections 816–830 to others, exemption from Sections 851–854 is not commonly granted and an exception is not warranted here. The Commission detailed its rules regarding exemption of non-dominant carriers in

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D.85-01-008, and subsequently modified in D.85-07-081 and D.85-11-044. Applicant requests to provide service to business customers only. We grant Applicant’s request for non-dominant interexchange carrier status, which provides an exemption from Public Utilities Code Sections 816-830 concerning stocks and security, provided that it follows all rules detailed in the above referenced decisions.

10. Safety ConsiderationsWith the adoption of the Safety Policy Statement of the California

Public Utilities Commission on July 10, 2014, the Commission has, among other things, heightened its focus on the potential safety implications of every proceeding. We have considered the potential safety implications here. The Commission is satisfied that Miron will meet the Commission’s minimum safety goals and expectations of an interexchange carrier because: (1) Miron has taken steps to meet the financial requirements as set forth in this decision for an interexchange carrier, and (2) Miron is a public utility that is required pursuant to Public Utilities Code Section 451 to “… furnish and maintain such adequate, efficient, just and reasonable service, instrumentalities, equipment, and facilities, including telephone facilities … as are necessary to promote the safety, health, comfort, and convenience of its patrons, employees, and the public.”

11. ConclusionWe approve the Settlement Agreement as 1) in the public

interest 2) reasonable in light of the record and 3) consistent with the law. We also conclude that the application conforms to our rules for certification as an interexchange carrier. Accordingly, we grant Miron a CPCN to provide resold interexchange services in California subject

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to compliance with the terms and conditions set forth in the Ordering Paragraphs.

The CPCN granted by this decision provides benefits to Miron and corresponding obligations. Miron receives authority to operate in the prescribed service territory, and this authority enables Miron, pursuant to Section 251 of the 1934 Communications Act, as amended by the 1996 Telecommunications Act (47 U.S.C. Section 251), to interconnect with telecommunications carriers.11 This authority also enables Miron to obtain access to public rights-of-way in California as set forth in D.98-10-058, subject to the CEQA requirements set forth in this decision.

In return, Miron is obligated to comply with all Public Utilities Code provisions, Commission rules, General Orders (GOs), and decisions applicable to telephone corporations providing approved services. The applicable statutes, rules, GOs, and decisions include, but are not limited to consumer protection rules, tariffing, and reporting requirements. Moreover, Miron is obligated to pay all Commission prescribed user fees and public purpose program surcharges as set forth in the Appendix B of this decision, to comply with CEQA, and to adhere to Public Utilities Code Section 451 which states that every public utility “…shall furnish and maintain such adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities, including telephone facilities, as defined in Section 54.1 of the Civil Code, as are necessary to promote the safety, health, comfort, and convenience of its patrons, employees, and the public.”

11 The California Public Utilities Code uses the term “telephone corporation.” Its counterpart in federal law is a “telecommunications carrier.”

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12. Request to File Under SealPursuant to Rule 11.4 of the Commission’s Rules of Practice and

Procedure, Miron filed motions for leave to file Exhibits H and I to the application as confidential material under seal. Miron represents that the information is sensitive, and disclosure could place Miron at an unfair business disadvantage. We have granted similar requests in the past and do so here.

13. Comments on Draft DecisionWith the decision’s adoption of the Settlement Agreement, this is

now an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Public Utilities Code Section 311(g)(2) and Rule 14.6(c)(2), the otherwise applicable 30-day period for public review and comment is waived.

14. Assignment of ProceedingLiane M. Randolph is the assigned Commissioner and Zita Kline is

the assigned ALJ in this proceeding.

Findings of Fact1. Miron is a telephone corporation and a public utility as defined in Public Utilities Code Section 234(a) and Section 216(a).2. Miron and CPED, the only parties in this proceeding, negotiated and reached settlement of contested issues. A joint motion for approval of a Settlement Agreement was filed on March 18, 2019.3. The Settlement Agreement between Miron and CPED complies with Rule 12.1 and is 1) reasonable in light of the record, 2) consistent with the law and 3) in the public interest.4. The Settlement Agreement conveys sufficient information to permit the Commission to discharge its future regulatory obligations with respect to the parties and their interests.

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5. Approving the Application and the Settlement Agreement is the relief requested by the parties and this relief is not opposed by any party in this proceeding.6. The Commission is the lead agency for purposes of this application under CEQA.7. Miron’s authority to provide telecommunications services will not have a significant adverse effect upon the environment.8. Miron has a minimum of $25,000 of cash or cash equivalent that is reasonably liquid and readily available to meet its start-up expenses.9. Miron has sufficient additional cash or cash equivalent to cover deposits that may be required by other telephone corporations in order to provide the proposed service.10. Miron’s management possesses sufficient experience, knowledge, and technical expertise to provide local exchange services to the public.11. With the exception of past noncompliance as addressed in the Settlement Agreement, no one associated with or employed by Miron as an affiliate, officer, director, partner, agent, or owner (directly or indirectly) of more than 10 percent of Miron, or anyone acting in a management capacity for Miron: (a) held one of these positions with a company that filed for bankruptcy; (b) been personally found liable, or held one of these positions with a company that has been found liable, for fraud, dishonesty, failure to disclose, or misrepresentations to consumers or others; (c) been convicted of a felony; (d) been the subject of a criminal referral by judge or public agency; (e) had a telecommunications license or operating authority denied, suspended, revoked, or limited in any jurisdiction; (f) personally entered into a settlement, or held one of these positions with a company that has

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entered into settlement of criminal or civil claims involving violations of Sections 17000 et seq., Sections 17200 et seq., or Sections 17500 et seq. of the California Business & Professions Code, or of any other statute, regulation, or decisional law relating to fraud, dishonesty, failure to disclose, or misrepresentations to consumers or others; or (g) been found to have violated any statute, law, or rule pertaining to public utilities or other regulated industries; or (h) entered into any settlement agreements or made any voluntary payments or agreed to any other type of monetary forfeitures in resolution of any action by any regulatory body, agency, or attorney general.12. With the exception of past noncompliance as addressed in the Settlement Agreement, to the best of Miron’s knowledge, neither Miron, or any affiliate, officer, director, partner, nor owner of more than 10% of Miron, or any person acting in such capacity whether or not formally appointed, is being, or has been investigated by the Federal Communications Commission or any law enforcement or regulatory agency for failure to comply with any law, rule or order.13. Miron requested and is eligible for exemption from tariffing requirements and must observe the consumer protection rules adopted in D.98-08-031.14. Miron provided an estimate of its customer base for the first and fifth year of operation.15. Pursuant to Rule 11.4, Miron filed a motion for leave to file confidential materials under seal, including its unaudited financial statements and a certificate of deposit.Conclusions of Law1. Miron should be granted a CPCN to provide interexchange services in California, subject to the terms and conditions set forth in

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the Ordering Paragraphs and conditions of the Settlement Agreement set forth in Attachment E.2. Nothing in the Settlement Agreement contravenes any statute or Commission rule, order or decision.3. The benefits of the Settlement Agreement to the public outweigh the benefits of continued litigation.4. With the adoption of the Settlement Agreement, this proceeding is an uncontested matter. In approving the Settlement Agreement, this decision grants the relief requested.5. The penalty of $20,000 reached in the Settlement Agreement is reasonable in light of the criteria in D.98-12-075, including 1) the severity of the offense, 2) the conduct of the utility, 3) totality of the circumstances, 4) financial resources of the utility and 5) the role of precedent. 6. The Settlement Agreement should be approved.7. Miron should be required to pay applicable past-due surcharges and user fees. 8. Miron, once granted a CPCN, should be subject to the applicable Commission rules, decisions, General Orders, and statutes that pertain to California public utilities. 9. Miron should be granted an exemption from the requirement to file tariffs.

10. Miron’s motions to file under seal its Exhibit H and I to the application should be granted for three years.

11. Miron should be granted non-dominant carrier status, subject to Commission rules and regulations as detailed in D.85-01-008 and modified in D.85-07-081 and D.85-11-044.

O R D E R

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IT IS ORDERED that: 1. A certificate of public convenience and necessity is granted to

Miron Enterprises, Limited Liability Company to provide resold interexchange telecommunications services in California, subject to the terms and conditions set forth below.

2. The March 18, 2019 Joint Motion by Miron Enterprises, Limited Liability Company and the California Public Utilities Commission’s Consumer Protection and Enforcement Division for commission adoption of a settlement agreement pursuant to Article 12.1 of the Commission’s Rule of Practice and Procedure is granted and the Settlement Agreement, Attachment E to this decision, is approved.

3. Pursuant to the terms of the Settlement Agreement, as set forth in Attachment E, Miron Enterprises, Limited Liability Company (Miron) shall make a payment of $20,000 within 20 days of the effective date of this decision. Payment shall be made by check or money order payable to the California Public Utilities Commission and mailed or delivered to the Commission’s Fiscal Office at 505 Van Ness Avenue, San Francisco, CA 94102. Miron shall write on the face of the check or money order “For deposit to the General Fund per Decision 19-__-___.”

4. Miron Enterprises, Limited Liability Company (Miron) shall pay past-due surcharges and user fees of $1,547.71 within 20 days of the effective date of this decision. Payment shall be made payable to the California Public Utilities Commission and mailed or delivered to the Commission’s Fiscal Office at 505 Van Ness Avenue, San Francisco, CA 94102. Miron shall write on the face of the check or money order “Miron Enterprises, LLC’s surcharges and user fees–for deposit to the Commission program budgets per Decision 19-__-___.”

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5. The corporate identification number assigned to Miron Enterprises, Limited Liability Company, U7359C, must be included in the caption of all original filings with this Commission, and in the titles of other pleadings filed in existing cases.

6. Miron Enterprises, Limited Liability Company must file, in this docket, a written acceptance of the certificate granted in this proceeding within 30 days of the effective date of this decision. Written acceptance filed in this docket does not reopen the proceeding.

7. The certificate granted by this decision will expire if not exercised within 12 months of the effective date of this decision.

8. Miron Enterprises, Limited Liability Company must obtain a performance bond of at least $25,000 in accordance with Decision 13-05-035. The performance bond must be a continuous bond (i.e., there is no termination date on the bond) issued by a corporate surety company authorized to transact surety business in California, and the Commission must be listed as the obligee on the bond. Within five days of acceptance of its certificate of public convenience and necessity authority, Miron Enterprises, Limited Liability Company must submit a Tier-1 advice letter to the Communications Division, containing a copy of the license holder’s executed bond, and submit a Tier-1 advice letter annually, but not later than March 31, with a copy of the executed bond.

9. Miron Enterprises, Limited Liability Company must not allow its performance bond to lapse during any period of its operation. Pursuant to Decision 13-05-035, the Commission may revoke a certificate of public convenience and necessity if a carrier is more than 120 days late in providing the Communications Division a copy of its

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executed performance bond and the carrier has not been granted an extension of time by the Communications Division.

10. In addition to all the requirements applicable to interexchange carriers included in Attachments B, C, and D to this decision, Miron Enterprises, Limited Liability Company is subject to the Consumer Protection Rules contained in General Order (GO) 168, and all applicable Commission rules, decisions, GOs, and statutes that pertain to California public utilities.

11. Miron Enterprises, Limited Liability Company must pay the public purpose surcharges specified in Attachment B, and the Combined California Public Utilities Commission Telephone Surcharge Transmittal Form must be submitted even if the amount due is $0.

12. Miron Enterprises, Limited Liability Company must pay an annual minimum user fee of $100 or 0.30 percent of gross intrastate revenue, whichever is greater. Under Public Utilities Code Section 405, carriers that are in default of reporting and submitting user fees for a period of 30 days or more will be subject to penalties including suspension or revocation of their authority to operate in California.

13. Prior to initiating service, Miron Enterprises, Limited Liability Company must provide the Commission’s Consumer Affairs Branch with the name(s), address(es), and telephone number(s) of its designated contact person(s) for purposes of resolving consumer complaints. This information must be updated if the name(s), address(es), or telephone number(s) change, or at least annually.

14. Prior to initiating service, Miron Enterprises, Limited Liability Company must provide the Commission’s Communications Division with the name(s), address(es), and telephone number(s) of its designated regulatory/official contact person(s). This information must

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be provided electronically, using the “Regulatory/Official Contact Information Update Request” found at http://www.cpuc.ca.gov/communications. This information must be updated if the name or telephone number changes, or at least annually.

15. Miron Enterprises, Limited Liability Company must submit an affiliate transaction report to the Director of the Communications Division, by email to [email protected], in compliance with Decision 93-02-019, on a calendar year basis using the form contained in Attachment D.

16. Miron Enterprises, Limited Liability Company must submit an annual report to the Director of the Communications Division, by email to [email protected] , in compliance with General Order 104-A, on a calendar-year basis with the information contained in Attachment C to this decision.

17. Miron Enterprises, Limited Liability Company’s (Miron) motions to file under seal its Exhibit H and I are granted for a period of three years after the date of this decision. During this three-year period, this information shall not be publicly disclosed except on further Commission order or Administrative Law Judge ruling. If Miron believes that it is necessary for this information to remain under seal for longer than three years, Miron may file a new motion showing good cause for extending this order by no later than 30 days before the expiration of this order.

18. Application 18-10-005 is closed.This order is effective today.Dated _________________, at San Francisco, California.

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mailto:[email protected]

mailto:[email protected]

http://www.cpuc.ca.gov/communications


ATTACHMENT A

TARIFF DEFICIENCIES

This Attachment is Intentionally Left Blank

(END OF ATTACHMENT A)

A-1


ATTACHMENT BREQUIREMENTS APPLICABLE TO COMPETITIVE LOCAL

EXCHANGE CARRIERS AND INTEREXCHANGE CARRIERS1.Applicant must file, in this docket with reference to this decision

number,12 a written acceptance of the certificate granted in this proceeding within 30 days of the effective date of this order.

2. The certificate granted and the authority to render service under the rates, charges, and rules authorized will expire if not exercised within 12 months of the date of this decision.

3.Applicant is subject to the following fees and surcharges that must be regularly remitted. Per the instructions in Exhibit E to Decision (D.) 00-10-028, the Combined California PUC Telephone Surcharge Transmittal Form must be submitted even if the amount due is $0.

a. The Universal Lifeline Telephone Service Trust Administrative Committee Fund (Pub. Util. Code § 879);

b. The California Relay Service and Communications Devices Fund (Pub. Util. Code § 2881; D.98-12-073);

c. The California High Cost Fund-A (Pub. Util. Code § 739.3; D.96-10-066, at 3-4, App. B, Rule 1.C);

d. The California High Cost Fund-B (D.96-10-066, at 191, App. B, Rule 6.F.; D.07-12-054);

e. The California Advanced Services Fund (D.07-12-054);

f. The California Teleconnect Fund (D.96-10-066, at 88, App. B, Rule 8.G);

g. The User Fee provided in Pub. Util. Code §§ 431-435. The minimum annual User Fee is $100, as set forth in D.13-05-035.

Note: These fees change periodically. In compliance with Resolution T-16901, December 2, 2004, Applicant must check the joint tariff for surcharges and fees filed

12 Written acceptance filed in this docket does not reopen the proceeding.

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by Pacific Bell Telephone Company (d/b/a AT&T California) and apply the current surcharge and fee amounts in that joint tariff on end-user bills until further revised. Current and historical surcharge rates can be found at http://www.cpuc.ca.gov/General.aspx?id=1124.

i. Carriers must report and remit CPUC telephone program surcharges online using the CPUC Telecommunications and User Fees Filing System (TUFFS). Information and instructions for online reporting and payment of surcharges are available at http://www.cpuc.ca.gov/General.aspx?id=1010. To request a user ID and password for TUFFS online filing and for questions, please e-mail [email protected].

ii. Carriers must submit and pay the PUC User Fee (see Item 3.g above) upon receiving the User Fee statement sent by the Commission Instructions for reporting and filing are available at http://www.cpuc.ca.gov/General.aspx?id=1009.

iii. Please send an email to [email protected] for additional questions regarding User Fee reporting and payment.

4.If Applicant is a competitive local exchange carrier, the effectiveness of its future competitive local exchange carrier tariffs is subject to the requirements of General Order 96-B and the Telecommunications Industry Rules (D.07-09-019).

5.If Applicant is a non-dominant interexchange carrier, the effectiveness of its future non-dominant interexchange carrier tariffs is subject to the requirement of General Order 96-B and the Telecommunications Industry Rules (D.07-09-019).

6. Tariff filings must reflect all fees and surcharges to which Applicant is subject, as reflected in Item 3 above.

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7.Applicant must obtain a performance bond of at least $25,000 in accordance with Decision 13-05-035. The performance bond must be a continuous bond (i.e., there is no termination date on the bond) issued by a corporate surety company authorized to transact surety business in California, and the Commission must be listed as the obligee on the bond. Within five days of acceptance of its certificate of public convenience and necessity authority, Applicant must submit a Tier-1 Advice Letter to the Communications Division, containing a copy of the license holder’s executed bond, and submit a Tier-1 advice letter annually, but not later than March 31, with a copy of the executed bond.

8.Applicant must not allow its performance bond to lapse during any period of its operation. Pursuant to Decision 13-05-035, the Commission may revoke a certificate of public convenience and necessity if a carrier is more than 120 days late in providing the Communications Division a copy of its executed performance bond and the carrier has not been granted an extension of time by the Communications Division.

9.Applicants providing local exchange service must submit a service area map as part of their initial tariff to the Communications Division.

10. Prior to initiating service, Applicant must provide the Commission’s Consumer Affairs Branch with the name(s), address(es), and telephone number(s) of its designated contact person(s) for purposes of resolving consumer complaints. This information must be updated if the name(s), address(es), and telephone number(s) change, or at least annually.

11. In addition, Applicant must provide the Commission’s Communications Division with the name(s), address(es), and telephone

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number(s) of its designated regulatory/official contact persons(s). This information must be provided electronically, using the “Regulatory/Official Contact Information Update Request” found at http://www.cpuc.ca.gov/communications. This information must be updated if the name(s), address(es), and telephone number(s) change, or at least annually.

12. Applicant must notify the Director of the Communications Division, in writing submitted by email to [email protected], no later than five days after service first begins, of the date that local exchange service is first rendered to the public.

13.Applicant must keep its books and records in accordance with the Generally Accepted Accounting Principles.

14. In the event Applicant’s books and records are required for inspection by the Commission or its staff, it must either produce such records at the Commission’s offices or reimburse the Commission for the reasonable costs incurred in having Commission staff travel to its office.

15.Applicant must submit an annual report to the Director of the Communications Division at [email protected], in compliance with GO 104-A, on a calendar-year basis with the information contained in Attachment C to this decision.

16.Applicant must submit an affiliate transaction report to the Director of the Communications Division at [email protected], in compliance with D.93-02-019, on a calendar-year basis using the form contained in Attachment D.

17.Applicant must ensure that its employees comply with the provisions of Pub. Util. Code § 2889.5 regarding solicitation of customers.

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18.Within 60 days of the effective date of this order, Applicant must comply with Pub. Util. Code § 708, Employee Identification Cards, and notify the Director of the Communications Division of its compliance in writing, by email to [email protected].

19. If Applicant is 90 days or more late in submitting an annual report, or in remitting the surcharges and fee listed in #3 above, and has not received written permission from the Communications Division to file or remit late, the Communications Division must prepare for Commission consideration a resolution that revokes Applicant’s CPCN.

20.Applicant is exempt from Rule 3.1(b) of the Commission’s Rules of Practice and Procedure.

21.Applicant is exempt from Pub. Util. Code §§ 816-830. 22. If Applicant decides to discontinue service or file for bankruptcy,

it must immediately notify the Communications Division’s Bankruptcy Coordinator.

23.Applicant must send a copy of this decision to concerned local permitting agencies no later than 30 days from the date of this order.

(END OF ATTACHMENT B)

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ATTACHMENT C ANNUAL REPORT

An original and a machine readable, copy using Microsoft Word or compatible format must be submitted to the California Public Utilities Commission, Communications Division, 505 Van Ness Avenue, San Francisco, CA 94102-3298, no later than March 31st of the year following the calendar year for which the annual report is submitted. In addition, an electronic copy of the report must be emailed to [email protected].

Failure to submit this information on time may result in a penalty as provided for in Pub. Util. Code §§ 2107 and 2108.

Required information:1. Exact legal name and U # of the reporting utility.2. Address.3. Name, title, address, and telephone number of the person to be

contacted concerning the reported information.4. Name and title of the officer having custody of the general books

of account and the address of the office where such books are kept.

5. Type of organization (e.g., corporation, partnership, sole proprietorship, etc.).If incorporated, specify:a. Date of filing articles of incorporation with the Secretary of

State.b. State in which incorporated.

6. Number and date of the Commission decision granting the Certificate of Public Convenience and Necessity.

7. Date operations were begun.8. Description of other business activities in which the utility is

engaged.9. List of all affiliated companies and their relationship to the utility.

State if affiliate is a:a. Regulated public utility.b. Publicly held corporation.

10. Balance sheet as of December 31st of the year for which information is submitted.


11. Income statement for California operations for the calendar year for which information is submitted.

12. Cash Flow statement as of December 31st of the calendar year for which information is submitted, for California operations only.

For any questions concerning this report, please send an email to [email protected] with a subject line that includes: “CD Annual Reports.”

(END OF ATTACHMENT C)

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ATTACHMENT DCALENDAR YEAR AFFILIATE TRANSACTION REPORT

An original and a machine readable, copy using Microsoft Word and Excel, or compatible format must be submitted to the California Public Utilities Commission, Communications Division, 505 Van Ness Avenue, San Francisco, CA 94102-3298, no later than May 1st of the year following the calendar year for which the annual report is submitted. In addition, an electronic copy of the report must be emailed to [email protected].

1. Each utility must list and provide the following information for each affiliated entity and regulated subsidiary that the utility had during the period covered by the Annual Affiliate Transaction Report.

Form of organization (e.g., corporation, partnership, joint venture, strategic alliance, etc.);

Brief description of business activities engaged in;

Relationship to the utility (e.g., controlling corporation, subsidiary, regulated subsidiary, affiliate);

Ownership of the utility (including type and percent ownership)

Voting rights held by the utility and percent; and

Corporate officers.2. The utility must prepare and submit a corporate

organization chart showing any and all corporate relationships between the utility and its affiliated entities and regulated subsidiaries in #1 above. The chart must have the controlling corporation (if any) at the top of the chart, the utility and any subsidiaries and/or affiliates of the controlling corporation in the middle levels of the chart, and all secondary subsidiaries and affiliates (e.g., a subsidiary that in turn is owned by another subsidiary and/or affiliate) in the lower levels. Any regulated subsidiary must be clearly noted.

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3. For a utility that has individuals who are classified as “controlling corporations” of the competitive utility, the utility must only report under the requirements of #1 and #2 above any affiliated entity that either (a) is a public utility or (b) transacts any business with the utility filing the annual report excluding the provision of tariff services.

4. Each annual report must be signed by a corporate officer of the utility stating under penalty of perjury under the laws of the State of California (CCP 2015.5) that the annual report is complete and accurate with no material omissions.

5. Any required material that a utility is unable to provide must be reasonably described and the reasons the data cannot be obtained, as well as the efforts expended to obtain the information, must be set forth in the utility’s Annual Affiliate Transaction Report and verified in accordance with Section I-F of Decision 93-02-019.

6. Utilities that do not have affiliated entities must submit, in lieu of the annual transaction report, an annual statement to the Commission stating that the utility had no affiliated entities during the report period. This statement must be signed by a corporate officer of the utility, stating under penalty of perjury under the laws of the State of California (CCP 2015.5) that the annual report is complete and accurate with no material omissions.

For any questions concerning this report, please send an email to [email protected] with a subject line that includes: “CD Annual Reports.”

(END OF ATTACHMENT D)

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Attachment 1:

D1904029 Kline Attach E 4-3-19.pdf

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http://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M285/K912/285912657.pdf

Documents

docs.cpuc.ca.govdocs.cpuc.ca.gov/.../Published/G000/M285/K912/285912644.docx · Web viewOn November 13, 2018, the California Public Utilities Commission’s (Commission) Consumer