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PA Bulletin, Doc. No. 06-1302

NOTICES

Tentative Order

[36 Pa.B. 3628]
[Saturday, July 8, 2006]

Public Meeting held
June 1, 2006

Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick

   Application of Local Line America, Inc. (2005.0257.00); Doc. No. A-311213

Tentative Order

By the Commission:

   Local Line America, Incorporated (Local Line) has failed to file its initial tariff with the Commission. Failure to file an initial tariff violates provisions of 66 Pa.C.S. § 1302. Specifically, 66 Pa.C.S. § 1302 provides that:

Under such regulations as the commission may prescribe, every public utility shall file with the commission, within such time and in such form as the commission may designate, tariffs showing all rates established by it and collected or enforced, or to be collected or enforced, within the jurisdiction of the commission.

   Law Bureau Prosecutory Staff has unsuccessfully attempted telephone contact with Local Line and believes that the company is no longer in business.

   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 such other remedy as the Commission may deem appropriate. 66 Pa.C.S. §§ 504, 505, 506 and 3301.

   Local Line was granted a certificate of public convenience by the Commission on June 20, 2004 at A-311213.1 Based upon the findings of the Prosecutory Staff, we believe that it is appropriate to revoke Local Line's certificate without the necessity of first filing a complaint. Finally, we are not aware that Local Line has any current customers in Pennsylvania, and Local Line is not assigned any NXX codes.

   For these reasons, we tentatively conclude that revocation of Local Line's certificate pursuant to 66 Pa.C.S. § 1102(a)(2) is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of penalties under section 3301, in lieu of cancellation, if Local Line seeks relief from this Tentative Order; Therefore,

It Is Ordered That:

   1.  Local Line America, Inc.'s certificate of public convenience is hereby tentatively revoked. That a copy of this Tentative Order be published in the Pennsylvania Bulletin giving all persons having an interest in this proceeding 30 days from the date of publication to file a written response.

   2.  Absent the filing of adverse public comment 30 days after the publication in the Pennsylvania Bulletin, this Tentative Order shall become final without further order of this Commission.

   3.  Upon this Tentative Order becoming final and without further action by the Commission, the certificate of public convenience held by Local Line America, Inc. at A-311213 shall be revoked, 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.

   4.  A copy of this Tentative Order be served 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.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 06-1302. Filed for public inspection July 7, 2006, 9:00 a.m.]

_______

1  Consistent with our Implementation and Reconsideration Orders in M-00960799 (June 3, 1996 and September 9, 1996), and with Section 1302 of the Public Utility Code, Local Line is obligated to file and to maintain on file appropriate tariffs with this Commission. Local Line was reminded of its obligation to file its Initial Tariff by our June 24, 2005 Order approving the transfer of control of Local Line to Inflexion Communications Corp.; Local Line was given 60 days (or 120 days if an extension was requested) to comply and notice that its authority would be revoked without further Commission order for a failure to comply. Local Line was again reminded of the obligation by Secretarial Letter dated November 1, 2005; given 30 days to comply; and put on notice that failure to comply could result in prosecution, fines, and/or revocation of its certificate of public convenience. There has been no compliance.


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