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PA Bulletin, Doc. No. 01-1014

NOTICES

Momentum Telecom, Inc.--Cancellation Order of Authority to Provide Telecommunications Services as a Competitive Local Exchange Carrier; A-310674

[31 Pa.B. 3002]

   Public Meeting held
May 24, 2001

Commissioners Present:   John M. Quain, Chairperson; Robert K. Bloom, Vice Chairperson; Nora Mead Brownell; Aaron Wilson, Jr.; Terrance J. Fitzpatrick

Tentative Cancellation Order

   On December 17, 1998, the Commission approved the application of Momentum Telecom, Inc. for authority to offer telecommunications services as a competitive local exchange carrier within this Commonwealth. On March 14, 2001, Law Bureau Prosecutory Staff mailed Momentum Telecom, Inc., whose address on file was 3100 Kerner Blvd., Suite C, San Rafael, CA 94901, a letter advising that as of March 14, 2001, the Commission had not received the proper tariff necessary to implement this service. This letter was returned to the Commission stamped ''return to sender, moved left no address.''

   Section 1302 of the Public Utility Code (66 Pa.C.S. § 1302) (relating to the filing of tariffs), provides in pertinent part:

   Under such regulations as the commission may prescribe, every public utility shall file with the commission, within such time and in such form as the commission may designate, tariffs showing all rates established by it and collected or enforced, or to be collected or enforced, within the jurisdiction of the commission.

   We hold that because Momentum Telecom, Inc. never filed a tariff to implement the service of competitive local exchange carrier in violation of § 1302 and because the company has moved without notifying the Commission as to a change in address, Momentum Telecom, Inc.'s authority should be rescinded; Therefore,

It is Ordered that:

   1.  Momentum Telecom, Inc.'s authority to offer services as a competitive local exchange carrier within this Commonwealth under Docket No. A-310674, is hereby cancelled.

   2.  The Secretary shall strike the company's name 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.

   3.  This Tentative Order shall be published in the Pennsylvania Bulletin. In the event no exceptions or comments are filed to this Tentative Order within 30 calendar days from date of publication in the Pennsylvania Bulletin, the Tentative Order shall become final without further action by this Commission.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 01-1014. Filed for public inspection June 8, 2001, 9:00 a.m.]


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