NOTICES
Rescission Order
[34 Pa.B. 3217] Public Meeting held
May 27, 2004Commissioners 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. Ironton Telephone Co. (2003.0264); Doc. No. C-20031929; A-311650
Rescission Order By the Commission:
On October 17, 2003, Law Bureau Prosecutory Staff filed a Formal Complaint against Ironton Telephone Co. (Ironton or Respondent), a CLEC certificated at A-311650, for failure to file its 2002 Annual Report. Subsequently, on April 8, 2004, the Commission entered a Default Order that sustained the complaint and cancelled Respondent's certificate of public convenience. The notice of the Default Order was published April 24, 2004, at 34 Pa.B. 2258 with a 20-day comment period.
On April 5, 2004, subsequent to the April 1, 2004, adoption date of the Default Order, but prior to the April 8, 2004, entry date, Ironton filed its 2002 Annual Report. It paid the $250 late filing fee on April 14, 2004. By Answer dated April 16, 2004, it questioned why the Default Order had been entered in light of the fact that it had filed its outstanding 2002 Annual Report and paid the late-filing fee. In its Answer, Ironton requested that the Default Order be dismissed and the Complaint be deemed satisfied.
In its answer, Respondent gives no reason why its 2002 Annual Report was delinquent. It simply requests that the Default Order be dismissed because of its compliance. Because Respondent filed its delinquent annual report and paid the late-filing fee in the time period between the adoption and entry of the Default Order, and filed its answer only 8 days after the entry of the Default Order, we will grant Respondent's request for rescission. However, we caution Respondent that all future Annual Reports must be timely filed and all Commission correspondence must be answered in a timely manner. The Commission hereby puts Ironton and the rest of 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; Therefore,
It Is Ordered That:
1. The Default Order entered April 8, 2004, at this docket is hereby rescinded.
2. A copy of this order be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 04-1103. Filed for public inspection June 18, 2004, 9:00 a.m.]
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