NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Cancellation Order
[33 Pa.B. 5153] Public Meeting held
September 18, 2003Commissioners present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Glen R. Thomas; Kim Pizzingrilli
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Easton Telecom Services, Inc. (2002.0398.00); Doc. No. C-20039301; A-310483
Application of Weston Telecommunications, LLC and Easton Telecom Services, Inc. for Approval to Transfer and Abandon; A-310483 F2000
Cancellation Order By the Commission:
On January 17, 2003, Law Bureau Prosecutory Staff filed a Formal Complaint against Easton Telecom Services, Inc. (Respondent), an IXC reseller certificated at A-310483. In the Complaint, Prosecutory Staff alleged that Commission staff had notified Respondent by both first class and certified mail, return receipt requested, that Respondent had failed to file its 2001 Annual Report. The Complaint requested that the Commission issue an order canceling the Respondent's certificate for failure to file its 2001 Annual Report in violation of 66 Pa.C.S. § 504.
Service of the Complaint was perfected on January 27, 2003, and Respondent filed its 2001 Annual Report on March 11, 2003, but without the $250 late filing fee penalty specified in the Complaint.
The history of this service provider is as follows. In 2001, Easton filed for Chapter 11 Bankruptcy in the Southern District of New York. By order entered November 15, 2001, the Bankruptcy Court granted Respondent, who was the Debtor in the bankruptcy action, the relief of selling its assets and customer base to Weston. Under the Bankruptcy Court order, that sale and transfer took place on November 16, 2001.
On January 14, 2002, Respondent and Weston Telecommunications, LLC (Weston) filed a joint Application to Transfer and Abandon Telecommunication Services at docket no. A-310483F2000. The parties attached a copy of the Bankruptcy Court's November 15, 2001, order and included the applicable $350 application fee. By letter dated April 18, 2002, Respondent again notified the Commission of the Bankruptcy Court's order as well as the fact that it had no customers and was no longer operating as an IXC reseller in this Commonwealth. In that letter, Respondent also requested that its certificate be cancelled.
Based upon the foregoing, and upon our determination that Respondent does not have any outstanding assessments or fines, it is appropriate to cancel the certificate of public convenience of Easton Telecom Services, Inc. By this order, we also close the abandonment and transfer application docket at A-310483F2000; Therefore,
It Is Ordered That:
1. The allegations in Law Bureau Prosecutory Staff's complaint are deemed admitted and the complaint is hereby sustained; however, due to our disposition of Easton Telecom Services, Inc.'s certificate of public convenience under Ordering Paragraph No. 2, we will waive the $250 late filing penalty.
2. The Request to Cancel the certificate of public convenience held by Easton Telecom Services, Inc. is approved and the docket at A-310483 is hereby cancelled.
3. The Secretary is directed to close the docket at A-310483F2000 regarding the Application to Transfer and Abandon filed jointly by Easton Telecom Services, Inc. and Weston Telecommunications, LLC.
4. The Secretary strike the name of Easton Telecom Services, Inc. from all active-utility lists maintained by the Annual Report Section of the Secretary's Bureau and the Assessment Section of the Bureau of Administrative Services.
5. Notice of this Cancellation Order shall be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 03-2009. Filed for public inspection October 10, 2003, 9:00 a.m.]
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