[32 Pa.B. 2051]
Public Meeting held
March 28, 2002
Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice-Chairperson; Kim Pizzingrilli; Aaron Wilson, Jr.; Terrance J. Fitzpatrick
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Broadpoint Communications, Inc. (1998.0232.01); Doc. No. C-20015679; A-310790
By the Commission:
On June 22, 2001, the Law Bureau Prosecutory Staff filed a Complaint proceeding against Broadpoint Communications, Inc. (Respondent), an IXC reseller certificated at A-310790. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to the Respondent that pursuant to 66 Pa.C.S. § 504, its 1999 Annual Report was due. The complaint charged that the Respondent violated 66 Pa.C.S. § 504 by neither failing to file its 1999 Annual Report.
The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 1999 Annual Report.
According to the United States Postal Service return receipt, the Complaint was unclaimed. To date, more than 20 days later, no answer has been filed to the Complaint and the 1999 Annual Report has not been filed; Therefore,
It is Ordered That:
1. The allegations in the Law Bureau Prosecutory Staff's Complaint are deemed admitted and the Complaint is thereby sustained.
2. The Secretary serve a copy of this order upon all jurisdictional telecommunication carriers and also cause a copy of this order to be published in the Pennsylvania Bulletin with a 20-day comment period.
3. Broadpoint Communications, Inc. immediately cease providing service to any new customers and, within 10 days of the entry date of this order, provide written notice to any existing customers directing each to select an alternative IXC service provider within 30 days of the date of the notice. The notice must include a statement of the Commission's intent to cancel the company's certificate of public convenience absent adverse public comment within the 20-day time constraint established pursuant to Ordering Paragraph No. 2.
4. Absent the filing of adverse public comment, 30 days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate of public convenience held by Broadpoint Communications, Inc. at Docket No. A-310790 shall be cancelled, and the company's name stricken from all active-utility lists maintained by the Tariff and Annual Report Section of the Commission's Bureau of Fixed Utility Services and the Assessment Section of the Bureau of Administrative Services.
JAMES J. MCNULTY,
[Pa.B. Doc. No. 02-655. Filed for public inspection April 19, 2002, 9:00 a.m.]
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