Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 03-1295

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Default Order

[33 Pa.B. 3100]

Public Meeting held
June 12, 2003

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

Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff (2003.0034) v. ESS.Com, LLC; Doc. No. C-20039884; A-310977

Default Order

By the Commission:

   On April 3, 2003, Law Bureau Prosecutory Staff instituted a complaint against ESS.Com, LLC (Respondent), an interexchange reseller certificated at A-310977. In the complaint, Prosecutory Staff alleged that the Commission sent by certified mail a notice to the Respondent that its monthly Universal Service Fund (USF) 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 Prosecutory Staff complaint sought an order from the Commission canceling the Respondent's certificate of public convenience for failure to pay its USF. The complaint was mailed by the Secretary's Bureau on April 22, 2003, and according to the postal return receipts, service was perfected on April 28, 2003. To date, more than 20 days later, no answer has been filed to the complaint, and the assessments have still not been paid. Finally, we are not aware that Respondent has any current customers in this Commonwealth, and Respondent was never assigned any NXX Codes.

   Based on Respondent's failure to file an answer to the complaint or pay its assessments, we conclude that revocation of ESS.Com, LLC's certificate of public convenience is in the public interest. The Commission puts the industry on notice that we will not hesitate to invoke our authority under the Public Utility Code to ensure timely compliance with our regulations and orders including the ordering of another remedy as the Commission may deem appropriate. 66 Pa.C.S. §§ 504, 505, 506 and 3301. Furthermore, the Commission may take other appropriate action, including the imposition of penalties under section 3301, instead of cancellation, if Respondent seeks relief from this Default Order; Therefore,

It Is Ordered That:

   1.  The allegations in 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.  ESS.Com, LLC immediately cease offering to provide 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 service provider within 30 days of the date of the notice. The 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 under Ordering Paragraph No. 2.

   4.  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 ESS.Com, LLC at A-310977 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. 03-1295. Filed for public inspection June 27, 2003, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.