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
Shorelink Communications Corp.; A-311071
Rescission Order By the Commission:
On September 16, 2002, the Commission entered a Tentative Order against Shorelink Communications Corp. (Shorelink or the Company), an IXC reseller certificated at A-311071, 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 Shorelink's certificate of public convenience, was published September 28, 2002, at 32 Pa.B. 4794.
Since the issuance of the Tentative Order, Shorelink has responded by letter dated September 25, 2002, to Secretary James McNulty alleging that the Company never received the assessment report form for 2001. Shorelink represented that its contact information has not changed, but otherwise could not explain why it did not receive the assessment report. The Company requests that the Tentative Order be rescinded. To date, Shorelink has not filed its assessment report for calendar year 2001.
While the Commission is satisfied that Shorelink's nonresponse was inadvertent and that future filings will be made on time, the Commission is concerned that the 2001 assessment report has still not been filed. Regulated utilities are required to timely file their annual assessment report. Shorelink has not met that requirement. The Company has 30 days from 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 The Tentative Order entered September 16, 2002, will be rescinded provided that Shorelink Communications Corp. 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 Shorelink Communications Corp.'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 Shorelink Communications Corp. and be sent by the Secretary for publication in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 03-246. Filed for public inspection February 7, 2003, 9:00 a.m.]
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