NOTICES
Tentative Order
[32 Pa.B. 5366] Public Meeting held
October 10, 2002Commissioners Present: Glen R. Thomas, Chairperson, statement follows; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick, statement dissenting in part follows; Kim Pizzingrilli
Application of Budget Phone, Inc. for approval to offer, render, furnish or supply interexchange telecommunication services as a reseller to the public in the Commonwealth of Pennsylvania; Doc. No. A-311159F0002
Tentative Order By the Commission:
Budget Phone, Inc. (Applicant) filed the previously-captioned application on August 1, 2002, seeking a certificate of public convenience pursuant to Chapter 11 of the Public Utility Code, 66 Pa.C.S. §§ 1101, et seq., evidencing Commission approval to resell interexchange (IXC) telecommunication services to residential and business customers throughout Pennsylvania.
The Applicant complied with our regulations at 52 Pa. Code § 5.14, relating to applications requiring notice. No protests were filed and no hearings were held. Furthermore, no motions or petitions have been filed in the proceeding.
The Applicant is a foreign limited liability company with its principal place of business at 6901 W. 70th Street, Shreveport, LA 71129. The Applicant provided proof of compliance with 15 Pa.C.S. § 4124, relating to foreign corporations.
The Applicant proposes to operate as a reseller of IXC telecommunications services within the Commonwealth. Specifically, the Applicant proposes to operate as a reseller of toll services, including outbound 1+ and 101xxxx dialing, inbound ''800'' and ''888'' toll free, travel card and debit card services. And the Applicant has filed a proposed tariff that contains rates in compliance with our regulations at 52 Pa. Code § 63.114, relating to maximum rates for resellers of IXC telecommunications services.
Based upon our review of the subject Application and proposed tariff, it appears that the Applicant has met the requirements for certification as a reseller of IXC telecommunication services in the Commonwealth of Pennsylvania. Furthermore, the Applicant's proposed services do not raise concerns at this time regarding safety, adequacy, reliability or privacy as contemplated by section 3009(b)(4) of the Public Utility Code, 66 Pa.C.S. § 3009(b)(4). For these reasons, we tentatively conclude that approval of the application is in the public interest Therefore,
It Is Ordered That:
1. The Application of Budget Phone, Inc. for approval to resell interexchange telecommunications services to residential and business customers throughout Pennsylvania is hereby tentatively approved as in the public interest.
2. A copy of this Tentative Order be published in the Pennsylvania Bulletin giving all persons having an interest in this proceeding 10 days from the date of publication to file written comment or request oral hearing.
3. Absent the filing of adverse public comment or request for oral hearing within 10 days from the date of publication pursuant to Ordering Paragraph No. 2, this Tentative Order shall become final without further order of the Commission.
4. Budget Phone, Inc. shall file with the Secretary's Bureau, within 60 days from the date of this Order becomes final, an initial tariff consistent with that attached to this application; however, upon written request for good cause shown, the Secretary may grant an additional 60-day period in which to submit an initial tariff. A copy of the initial tariff should be served on each entity receiving a copy of the original Application. The initial tariff may become effective on one day's notice from the date upon which it is filed, and must reflect on its face that it is an ''Interexchange Reseller Toll Tariff.''
5. Upon approval of an initial tariff, a certificate of public convenience be issued authorizing Budget Phone, Inc. to furnish interexchange telecommunications services within the Commonwealth as an IXC reseller.
6. In the event the Applicant has not, on or before 60 days (or 120 days if the Applicant requests an extension) from the date this Order becomes final, complied with the requirements set forth herein, the instant Application will be deemed dismissed, without any further proceeding, and the authority granted herein be revoked without further Commission order.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 02-1918. Filed for public inspection October 25, 2002, 9:00 a.m.]
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