NOTICES
Rescission Order
[33 Pa.B. 844] Public Meeting held
November 7, 2002Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick; Kim Pizzingrilli
America's Digital Satelite Telephone, Inc.; A-311106
Rescission Order By the Commission:
On September 16, 2002, the Commission entered a Tentative Order against America's Digital Satelite Telephone, Inc. (ADST or the Company), an IXC reseller certificated at A-311106, for failure to file with the Commission an annual assessment report for the year ending December 31, 2001. The Tentative Order, which sets forth a process to cancel ADST's certificate of public convenience, was published September 28, 2002, at 32 Pa.B. 4794.
Since the issuance of the Tentative Order, ADST has responded by letter dated October 3, 2002, to Secretary James McNulty, stating that the Company had updated its contact information in February 2002, and that its toll number is still operational. The Company requested that it wished to remain an authorized telecommunications carrier in Pennsylvania and requested that the Tentative Order be rescinded. To date, ADST has not filed its assessment report for calendar year 2001.
While the Commission is satisfied that ADST's non-response was inadvertent and that future filings will be made on time, the Commission is concerned that the calendar year 2001 assessment report has still not been filed. Regulated utilities are required to timely file their annual assessment report. ADST has not met that requirement. The Company has 30 days from the entry of the entered order to file its assessment report.
In addition, the Office of Executive Director shall submit a comprehensive plan which addresses the process of filing, tracking and reviewing the annual assessment reports. This plan should include but not be limited to the following: 1) revision to the assessment form to include notice that failure to timely file may subject the utility to revocation of their certificate and/or monetary fine; and 2) uniform internal agency processes regarding notification for default and for rescission orders for failure to file the assessment report; Therefore,
It Is Ordered That:
1. The Tentative Order entered September 16, 2002, will be rescinded provided that America's Digital Satelite Telephone, Inc. files its assessment report for calendar year 2001 within 30 days of entry of this Order.
2. The Tentative Order entered September 16, 2002, will become final and America's Digital Satelite Telephone, Inc.'s certificate of public convenience will be revoked if the assessment report for calendar year 2001 is not filed within the 30-day time frame.
3. The Office of Executive Director shall submit a comprehensive plan within 45 days of the entered date of this Order to address the process of filing, tracking and reviewing the annual assessment reports.
4. A copy of this Order be served on America's Digital Satelite Telephone, Inc. and be sent by the Secretary for publication in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 03-244. Filed for public inspection February 7, 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.
