NOTICES
Default Order Commissioners Present: John M. Quain, Chairperson; Robert K. Bloom, Vice Chairperson; Nora Mead Brownell; Terrance J. Fitzpatrick
[30 Pa.B. 6039] Public meeting held
October 25, 2000Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Business Telecommunications Systems Inc.; Docket No. C-00004118; A-310038
Default Order By the Commission:
On September 27, 2000, the Law Bureau Prosecutory Staff instituted a complaint against Business Telecommunications Systems Inc. (the ''Respondent''), an interexchange (''IXC'') reseller certificated at A-310038. In the complaint, Prosecutory Staff alleged that the Commission sent by certified mail a notice to the Respondent that its monthly Universal Service Fund assessments were overdue by three or more months. The complaint charged that the Respondent violated the Commission's order entered on February 4, 2000, at Docket No. L-00000148 (Rulemaking Re Establishing Universal Service Fund Regulations at Pa. Code §§ 63.141--63.1502) by not paying the monthly assessments.
The complaint sought an order from the Commission canceling the Respondent's certificate of public convenience for failure to pay its assessment and accrued late charges. The complaint was mailed by the Secretary's Bureau on September 27, 2000, and according to the postal return receipt, service was perfected on September 29, 2000. To date, more than 20 days later, no answer has been filed to the complaint and the assessments have still not been paid; Therefore, It Is Ordered:
1. That the allegations in the Law Bureau Prosecutory Staff's complaint are deemed admitted and the complaint is thereby sustained.
2. That the Secretary serve a copy of this Order upon all jurisdictional telecommunication carriers, the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, and the Attorney General's Bureau of Consumer Protection, and also cause a copy of this Order to be published in the Pennsylvania Bulletin with a 20-day comment period.
3. That Business Telecommunications Systems Inc. immediately cease providing service to any new customers and, within 10 days of the entry of this Order, provide a written notice to each existing customer directing each to select an alternative IXC service provider within 30 days of the date of the notice. Such notice must include a statement of the Commission's intent to cancel the company's certificate of public convenience absent public comment within the 20-day time period established pursuant to Ordering Paragraph No. 2, above.
4. That 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 Business Telecommunications Systems Inc. at Docket No. A-310038 shall be canceled, 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 Audits.
By the Commission,
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 00-2012. Filed for public inspection November 17, 2000, 9:00 a.m.]
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