NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Default Order
[31 Pa.B. 6009] Public Meeting held
October 12, 2001Commissioners 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 and 1998.0232.01) v. Maxxis Communications Inc.; Doc. Nos. C-20015987 C-20015677; A-310795
Default Order By the Commission:
On August 14, 2001, Law Bureau Prosecutory Staff instituted a complaint against Maxxis Communications Inc. (the Respondent), an interexchange (IXC) reseller certificated at A-310795. 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's failure to pay these assessments violates 52 Pa. Code §§ 63.161--63.171 and 66 Pa.C.S. §§ 3001--3009.
In addition, Law Bureau Prosecutory Staff instituted a separate complaint on June 12, 2001, against the Respondent for failure to file its 1999 Annual Report pursuant to 66 Pa.C.S. § 504.
The Prosecutory Staff complaints sought orders from the Commission canceling the Respondent's certificate of public convenience for failure to pay its assessments and to file its 1999 Annual Report, respectively. The complaints were mailed by the Secretary's Bureau on August 16, 2001, and June 22, 2001, respectively, and according to the postal return receipts, service was perfected on August 27, 2001, and June 25, 2001, respectively. To date, more than 20 days later, no answer has been filed to either complaint, the assessments have still not been paid, and the 1999 Annual Report has still not been filed; Therefore,
It Is Ordered:
1. That the allegations in Law Bureau Prosecutory Staff's complaints are deemed admitted and the complaints are 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 Maxxis Communications 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.
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 Maxxis Communications Inc. at Docket No. A-310795 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. 01-1941. Filed for public inspection October 26, 2001, 9:00 a.m.]
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