NOTICES

Order

[37 Pa.B. 3150]
[Saturday, July 7, 07]

Public Meeting held
June 21, 2007

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

Pennsylvania Public Utility Commission v.
Access Point, Inc.; Doc. No. R-00072358

Order

By the Commission:

   On May 1, 2007, Access Point, Inc. (API or the Company) filed the proposed tariff Supplement No. 7, to the Company's Tariff Telephone-Pa. P.U.C. No. 2, issued May 2, 2007, to become effective, June 2, 2007¹ , for the purposes of establishing the Term Liability/Termination Charges, Account Maintenance Fee, Reconnection Charge, Carrier Cost Recovery Fee, and Credit Card Convenience Fee. Subsequently, the review period for this filing was extended for an additional thirty (30) days, or July 2, 2007.

   On May 22, 2007, API was issued a data request seeking supporting information and cost justification, as required by our rules and regulations for this filing at 52 Pa. Code § 53.59, for the proposed Account Maintenance Fee and Carrier Cost Recovery Fee. API's proposed supplement contains the following descriptions and rates for these services:

Account Maintenance Fee

All Business Customers will be charged a monthly account maintenance fee on each monthly detailed invoice of $3.95. If the customer has multiple invoices delivered to different service locations, a fee of $1.95 will be charged for each detailed invoice. If the Customer elects to receive their monthly invoice electronically, the fee will be $1.95 for both Single and Multi location Business Customers Invoiced. The fee for Residential Customers is $0.95.

Carrier Cost Recovery Fee

Carrier Cost Recovery Fee will be assessed on Local Lines to Residential and Business Customers. This assessment will help recover increased network access costs due to regulatory changes.

Monthly Fee

      Business, per line        $1.00
      Residential, per line     $1.00

   The Company failed to meet the data request deadline of June 6, 2007. API was advised to withdraw the filing while the Company contemplated its responses or revise the filing to avoid suspension. To date, the Company has done neither.

   In other proceedings, the Commission determined that an Access Recovery Charge, a charge similar to the instant Carrier Cost Recovery Fee, imposed as a separate line item was not acceptable and thus has instructed the filing company that such cost recovery is more appropriately built into the explicit rate structure.² In addition, we find API's Reconnection Charge of $25 should be further scrutinized as a protected service under 66 Pa.C.S. § 3012.

   Therefore, we shall suspend the Company's filing, consistent with § 1308 and other applicable provisions of 66 Pa.C.S. We believe it is appropriate to initially refer this matter to the Office of Administrative Law Judge (OALJ) for timely mediation in accordance with our regulations at 52 Pa. Code § 69.392(e). The OALJ Mediator should provide the Commission with a final report on the outcome of the mediation as soon as possible.

   In the event that such mediation fails, this matter should be expeditiously referred to an ALJ for a full evidentiary adjudication and the issuance of a recommended decision. In view of the Commission's Office of Trial Staff (OTS) duties under 66 Pa.C.S. § 306(b)(1), a copy of the related Commission Order should be formally served on OTS. In the alternative, we will allow the Company to withdraw its filing; Therefore,

   It Is Ordered That:

   1.  The proposed tariff Supplement No. 7 to Access Point, Inc. Tariff Telephone-Pa. PUC No. 2 is suspended for a period not to exceed six (6) months, or until January 2, 2008, pursuant to § 1308 and other applicable provisions of 66 Pa.C.S.

   2.  Access Point, Inc. shall file, or cause to be filed, the appropriate tariff suspension supplement.

   3.  The Company be, and hereby is given, within fifteen (15) days after the date of entry of this Order, the alternative to withdraw the proposed tariff Supplement No. 7 above.

   4.  If the Company files to withdraw Supplement No. 7, then it is further ordered that the suspension shall be terminated and the case marked closed.

   5.  If the Company does not file, or cause to be filed, the withdrawal in accordance with the above ordering paragraphs, then it is further ordered:

*  That the related tariff modifications be referred to the Office of Administrative Law Judge for a timely mediated resolution in accordance with our regulations at 52 Pa. Code § 69.392(e), and

*  That the Office of Administrative Law Judge Mediator shall file a report with the Commission on the outcome of the mediation as soon as possible, and

*  That in the event that mediation fails, this matter will be expeditiously referred to an Administrative Law Judge for formal evidentiary adjudication addressing the outstanding material issued, and for the issuance of a recommended decision.

   6.  A copy of this Order be published in the Pennsylvania Bulletin.

   7.  The Secretary of the Commission formally serve a copy of this Order to the Commission's Office of Trial Staff, the Office of Consumer Advocate, the Office of Small Business Advocate, and the Office of Administrative Law Judge.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 07-1213. Filed for public inspection July 6, 2007, 9:00 a.m.]

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¹  Access Point, Inc. Tariff Telephone-Pa. P.U.C. No. 2, Section 7, pages 24 and 25.

²  See Pennsylvania Public Utility v. XO Communications Services, Inc., Docket No. R-00050342, Order entered January 27, 2006.

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