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PA Bulletin, Doc. No. 07-1073

NOTICES

Tentative Order

[37 Pa.B. 2788]
[Saturday, June 16, 2007]

Public Meeting held
May 30, 2007

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

In re: OCMC, Inc. d/b/a AdvantTel, LiveTel, Once Call Communications, Inc., OPTICOM, RegionTel, SuperTel and 1-800-Max-Save (2007.0014); Doc. No. A-311197

Tentative Order

By the Commission:

   OCMC, Inc. d/b/a AdvantTel, LiveTel, Once Call Communications, Inc., OPTICOM, RegionTel, SuperTel and 1-800-Max-Save (OCMC) has failed to pay its $486 general assessment for 2006-2007 pursuant to section 510(c) of the Public Utility Code. 66 Pa.C.S. § 510(c). OCMC is a telecommunications interexchange reseller certificated at A-311197 on July 18, 2002. On or about August 21, 2006, Commission staff sent an invoice to OCMC notifying it that its 2006-2007 annual assessment was due. The Commission has not received payment for this invoice. When Commission staff attempted to contact OCMC about payment, a copy of a generic letter dated May 25, 2006, was forwarded to staff, stating that Meridian Financial Advisors, Ltd. d/b/a The Meridian Group was appointed by order entered by the United States District Court for the Southern District of Indiana as the Receiver over the assets and business of OCMC and that OCMC was no longer conducting business in Pennsylvania. The letter, signed by the president of the Meridian Group, also advised that OCMC was relinquishing any and all certificates or regulatory authorization.

   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. Based on the above and because of OCMC's failure to pay its annual assessment for 2006-2007, we believe it is appropriate to revoke OCMC's certificate of public convenience without the necessity of a formal complaint, and we tentatively conclude that revocation of OCMC's certificate of public convenience 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 OCMC or any successor in interest seeks relief from this Tentative Order; Therefore,

It is Ordered That:

   1.  Revocation of OCMC, Inc. d/b/a AdvantTel, LiveTel, Once Call Communications, Inc., OPTICOM, RegionTel, SuperTel and 1-800-Max-Save's certificate of public convenience is hereby approved as being in the public interest.

   2.  The Secretary serve a copy of this Tentative Order upon OCMC, Inc. d/b/a AdvantTel, LiveTel, Once Call Communications, Inc., OPTICOM, RegionTel, SuperTel and 1-800-Max-Save; Meridian Financial Advisors, Ltd. d/b/a The Meridian Group; the Office of Consumer Advocate; the Office of Small Business Advocate; the Office of Trial Staff; the Pennsylvania Emergency Management Agency; and the Department of Revenue, Bureau of Corporation Taxes, and also cause a copy of this Tentative Order to be published in the Pennsylvania Bulletin with a 30-day comment period.

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

   4.  Upon this order becoming final, and without further action by the Commission, the certificate of public convenience held by OCMC, Inc. d/b/a AdvantTel, LiveTel, Once Call Communications, Inc., OPTICOM, RegionTel, SuperTel and 1-800-Max-Save at A-311197 shall be canceled, and OCMC, Inc.'s name stricken from all active utility lists maintained by 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. 07-1073. Filed for public inspection June 15, 2007, 9:00 a.m.]


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