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PA Bulletin, Doc. No. 01-1754

NOTICES

Default Order

[31 Pa.B. 5421]

   Public Meeting held
August 30, 2001

   Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick

   Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff (2001.0150) v. GST Net, Inc.; Doc. No. C-20015893 A-310566

Default Order

By the Commission:

   On July 18, 2001, the Law Bureau Prosecutory Staff instituted a complaint against GST Net, Inc. (the Respondent), an interexchange (IXC) reseller certificated at A-310566. 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 3 or more months. The complaint charged that the Respondent's failure to pay these assessments violates 52 Pa. Code §§ 63.161--63.171 and 66 Pa.C.S. §§ 3001--3009.

   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 July 19, 2001, and according to the postal return receipt, service was perfected on July 23, 2001. 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 Default 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 Default Order to be published in the Pennsylvania Bulletin with a 20-day comment period.

   3.  That GST Net, Inc. immediately cease providing service to any new customers and, within 10 days of the entry of this Default 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 GST Net, Inc. at Docket No. A-310566 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.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 01-1754. Filed for public inspection September 21, 2001, 9:00 a.m.]


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