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PA Bulletin, Doc. No. 02-771

NOTICES

Default Order

[32 Pa.B. 2175]

Public Meeting held
April 11, 2002

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

Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Pathnet, Inc. (2001.0359); Doc. No. C-20026935; A-310946

Default Order

By the Commission:

   On February 25, 2002, the Law Bureau Prosecutory Staff instituted a complaint against Pathnet, Inc. (the Respondent), a telecommunications interexchange reseller certificated at A-310946. In the complaint, Prosecutory Staff alleged that the Commission sent by certified mail a notice to the Respondent that its 2001-2002 annual assessment was overdue. The complaint charged that the Respondent's failure to pay this assessment violates 66 Pa.C.S. § 510(c).

   The complaint sought an order from the Commission canceling the Respondent's license for failure to pay its annual assessment. The complaint was mailed by the Secretary's Bureau on February 26, 2002, and according to the postal return receipt, service was perfected on February 28, 2002. To date, more than 20 days later, no answer has been filed to the complaint and the annual assessment has still not been paid; Therefore,

   It Is Ordered That:

   1.  The allegations in the Law Bureau Prosecutory Staff's complaint are deemed admitted and the complaint is thereby sustained.

   2.  The Secretary serve a copy of this Default Order upon 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.  Absent the filing of adverse public comment, 20 days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate held by Pathnet, Inc. at Docket No. A-310946 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. 02-771. Filed for public inspection April 26, 2002, 9:00 a.m.]


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