PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON. Issued January 26,2015

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1 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON Issued January 26,2015 CASE NO CTV-C SANDRA KAY ASHWORTH,, Kanawha County, Complainant, V. CEBRIDGE ACQUISITION, LLC, dba SUDDENLINK COMMUNICATIONS, a cable television provider, Defendant. RECOMMENDED DECISION This Recommended Decision dismisses the formal complaint filed with the West Virginia Public Service Commission on July 10, 2014, by Sandra Kay Ashworth against Cebridge Acquisition, LLC, doing business as Suddenlink Communications. Procedural Historv On July 10, 2014, Sandra Kay Ashworth (Complainant),, Kanawha County, filed a formal complaint with the West Virginia Public Service Commission (Commission) against Cebridge Acquisition, LLC, doing business as Suddenlink Communications (Defendant/Company), in which she alleged that the Defendant had assigned the business telephone number she held since 2008 to her former business partner after the former business partner represented to the Defendant that she had purchased the Complainant s business and was moving it to Teays Valley. The Complainant requested that her business telephone numbers be returned to her by the Defendant. On July 21, 2014, the Defendant filed an answer to this formal complaint in which it denied any violation of State law and any violation of Commission rules or regulations. The Defendant reported that a lawsuit is currently pending in the Circuit Court of Kanawha County (Theresa Thompson v. Sandra Ashworth, Civil Action No. 14-C-142), in which each party accuses the other of breach of contract regarding the sale of a business, known as Countryside Insurance Agency, LLC, in which Theresa Thompson is the alleged purchaser and Sandra Public Seivice Commission of West Virginia

2 Ashworth is the alleged seller. The Defendant advised that when the telephone account at issue in this matter was established in 2008, it was set up in the name of Countryside Insurance, LLC. On February 18, 2014, Theresa Thompson presented the Defendant with a copy of a purchase agreement, signed by Sandra Ashworth, and requested that the Defendant change the service address from a location in St. Albans, West Virginia, to a location in Hurricane, West Virginia. The change was made on March 3,2014. The Defendant had no knowledge regarding a dispute between Ms. Thompson and Ms. Ashworth. On March 6, 2014, the Defendant was advised by the Complainant s attorney that Ms. Thompson did not have authority to change the address. The Complainant s attorney presented records to the Defendant from the West Virginia Secretary of State s Office showing that the Complainant was the principal owner of Countryside Insurance Agency, LLC. Ms. Thompson had formed a company identified as Countryside Insurance, LLC. The Defendant s attorney requested that Ms. Ashworth and Ms. Thompson either agree on who should have control over the telephone numbers or obtain direction from the Circuit Court of Kanawha County. The Defendant stated, To the best of Suddenlink s knowledge, there is no court order enjoining either party from using the number, or any order establishing who has the right to use the number. The Defendant advised that the telephone numbers in dispute were disconnected due to non-payment on May 20, The Defendant stated that the telephone numbers at issue are still in Suddenlink s CLEC wholesale vendor s (Sprint) switch and could be activated and ported. The Defendant requested that this case be dismissed and that the Commission defer to the jurisdiction and decision of the Circuit court as to which party has control over the telephone numbers at issue in this matter. On August 14, 2014, Staff Attorney Lisa L. Wansley of the Commission s Legal Division filed the Initial Joint Staff Memorandum along with the Utilities Division Initial Recommendation prepared by Utilities Analyst Tara Gilkey of the Commission s Utilities Division. Staff reported that during an August 5,2014 telephone conversation with Suddenlink, Staff confirmed that the telephone numbers at issue in this matter were being held by Suddenlink while awaiting a legal determination. Commission Staff expressed a desire to investigate this matter further. Staff Attorney Wansley recommended that this case be referred to the Division of Administrative Law Judges for resolution. By Commission Referral Order entered on August 26, 2014, this case was referred to the Division of Administrative Law Judges for a decision to be rendered on or before February 5, On September 5, 2014, Staff Attorney Wansley filed data and document requests to be served upon the Defendant. She requested that the Defendant file responses as soon as possible but no later than Thursday, September 25,2014. On September 29, 2014, Staff Attorney Wansley filed the Final Joint Staff Memorandum along with the Utilities Division Final Recommendation in which Staff reported that the Defendant s legal counsel had reached a potential settlement of this matter. The Complainant, Defendant and Frontier Communications (the Complainant s current telecommunications provider) had been corresponding in an attempt to facilitate the reconnection of the business lines at issue. The Defendant offered to port the disputed numbers to Frontier Pubhc Service Commission of West Vugmia 2

3 Communications, who would utilize the numbers to continue to actively provide service to the complainant. The Defendant also requested that this proposed settlement "supercede" its obligation to respond to Staff's recent interrogatories. On September 24, 2014, the Complainant advised Commission Staff that she was expecting Frontier's installation of the disputed numbers as early as Friday, September 26, The Complainant indicated that she was pleased with the apparent resolution of this matter. Commission Staff recommended that the proposed settlement described above be adopted in resolution of this matter. Staff recommended that if either of the parties objected to the proposed settlement, that party should send written notice of objection to the Commission within ten days of the filing of this memorandum. Staff Attorney Wansley recommended that if no objection was received by the Commission during the ten day period, this case should be dismissed as resolved. On October 9, 2014, a Procedural Order was entered in this matter which gave all parties to this proceeding ten additional days in which to either respond or object to the Staff recommendation or to request a hearing. The Order provided that, "In the absence of any responses or objections to the Staff recommendation or any request for hearing, this matter will be decided based on the documents in the case file, including the Staff recommendation, without hearing." FINDINGS OF FACT 1. Sandra Kay Ashworth filed a formal complaint with the West Virginia Public Service Commission against Cebridge Acquisition, LLC, doing business as Suddenlink Communications, in which she alleged that the Defendant had transferred her business telephone numbers to her former business partner's new business location without her permissioii. She requested that the Defendant be required to return the telephone number to her. (See, formal complaint filed July 10,2014). 2. The Defendant provided telephone service in the name of "Countryside Insurance, LLC", since (See, answer filed July 21,2014). 3. The Defendant received a request on February 18,2014, that service be transferred to a new physical address. (See, answer filed July 21,2014). 4. The transfer request included a copy of a purchase agreement co-signed by the complainant. (See, answer filed July 21,2014). 5. The transfer of service was complete on March 3,2014. (See, answer filed July 21, 2014). 6. The Complainant notified the Defendant on March 6, 2014, that she had never authorized her former business partner to have service transferred to a new location. (See, answer filed July 21,2014). Pubhc Service Commission of West Vugnua 3

4 7. The Complainant was a party to a lawsuit pending in the Circuit Court of Kanawha County (Civil Action No. 14-C-142; Theresa Thompson v. Sandra Ashworth) in which the parties were each accusing the other of breach of contract regarding the sale of a business. (See, answer filed July 21,2014). 8. The parties reached a settlement of this matter and the telephone numbers at issue were transferred back to the Complainant, Sandra Kay Ashworth. (See, Final Joint Staff Memorandum and Utilities Division Final Recommendation filed September 29,2014). 9. The Complainant was satisfied with the resolution and settlement reached in this matter. (See, Final Joint Staff Memorandum and Utilities Division Final Recommendation filed September 29,2014). 10. Neither of the parties responded to the Final Joint Staff Memorandum and attachment filed in this case on September 29,2014. (See, case file generally). 11. The parties were given an additional ten-day period in which to object or request a hearing. (See, Procedural Order entered October 9,2014). 12. More than ten days have passed and neither of the parties have filed a response of any kind to the Final Joint Staff Memorandum and no requests for a hearing were received by the Commission. (See, case file generally). CONCLUSION OF LAW It is reasonable to dismiss this case as resolved and settled by mutual agreement of the parties. ORDER IT IS, THEREFORE, ORDERED that the formal complaint filed with the West Virginia Public Service Commission on July 10, 2014, by Sandra Kay Ashworth, against Cebridge Acquisition, LLC, doing business as Suddenlink Communications, be, and hereby is, dismissed, without prejudice. IT IS FURTHER ORDERED that the Executive Secretary's Office serve a copy of this Recommended Decision upon all parties by electronic service, if they have filed an e-service agreement with the Commission; by United States Certified Mail, return receipt requested, if they have not filed an e-service agreement with the Commission; and upon Commission Staff by hand delivery. Leave is hereby granted to the parties to file written exceptions supported by a brief with the Executive Secretary of the Commission within fifteen (15) days of the date this Recommended Decision is mailed. If exceptions are filed, the parties filing exceptions shall certify to the Executive Secretary that all parties of record have been served said exceptions. Public Service Commission of West Virgmia 4

5 If no exceptions are so filed, this Recommended Decision shall become the order of the Commission, without further action or order, five (5) days following the expiration of the aforesaid fifteen (15) day time period, unless it is ordered stayed or postponed by the Commission. Any party may request waiver of the right to file exceptions to an Administrative Law Judge s order by filing an appropriate petition in writing with the Executive Secretary. No such waiver will be effective until approved by order of the Commission. CG J:ksf aa.doc Cecelia Gail Jarre11 Administrative Law Judge 1 Public Service Commission of West Virginia 5