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PA Bulletin, Doc. No. 04-713

NOTICES

Default Order

[34 Pa.B. 2250]

Public Meeting held
April 1, 2004

Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli; Wendell F. Holland

Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Cable & Wireless USA, Inc. (2003.0264.00); C-20031969; A-310002

Default Order

By the Commission:

   On October 17, 2003, the Law Bureau Prosecutory Staff filed a Formal Complaint against Cable & Wireless USA, Inc. (the Respondent), a competitive access provider/other and a reseller of local services carrier certificated at A-310002. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to the Respondent that under 66 Pa.C.S. § 504 its 2002 Annual Report was due. The Complaint charged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2002 Annual Report. The Complaint requested that the Commission issue an order canceling the Respondent's certificate of public convenience for failure to file its 2002 Annual Report.

   According to the United States Postal Service return receipt, the Complaint was served on November 24, 2003. To date, more than 20 days later, no answer has been filed to the Complaint and the 2002 Annual Report has not been filed. In addition, 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 file its 2002 Annual Report, we conclude that revocation of Cable & Wireless USA, Inc.'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 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.  Cable & Wireless USA, Inc. immediately cease providing service to any new customers and, within 10 days of the entry date of this order, provide written notice to any existing customers 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 adverse public comment within the 20-day time constraint 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 Cable & Wireless USA, Inc. at A-310002 shall be cancelled, 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 Administrative Services.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 04-713. Filed for public inspection April 23, 2004, 9:00 a.m.]


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