NOTICES
Default Orders
[37 Pa.B. 6885]
[Saturday, December 22, 2007]Public Meeting held
November 29, 2007Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice-Chairperson; Tyrone J. Christy; Kim Pizzingrilli
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Eastern Telephone Systems, Inc. (2006.0295.00); C-20077722; A-310082F0002
Default Order By the Commission:
On April 23, 2007, the Law Bureau Prosecutory Staff filed a Formal Complaint against Eastern Telephone Systems, Inc. (the Respondent), a competitive local exchange carrier certificated at A-310082F0002. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to the Respondent that pursuant to 66 Pa.C.S. § 504 its 2005 Telecommunications Relay Service (TRS) Annual Access Line Summary Report and Annual Tracking Report (TRS Reports) were due. The Complaint charged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2005 TRS Reports. The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 2005 TRS Reports.
According to the U.S. Postal Service return receipt, the Complaint was served on May 21, 2007. To date, more than 30 days later, no answer has been filed to the Complaint and the 2005 TRS Reports have not been filed. In addition, we are not aware that Respondent has any current customers in Pennsylvania, and Respondent was never assigned any NXX codes.
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 Respondent's failure to file an answer to the Complaint or file its 2005 TRS Reports, we conclude that revocation of Eastern Telephone Systems, Inc.'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 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. Eastern Telephone Systems, 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. Such 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 pursuant to Ordering Paragraph No. 2, above.
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(s) of public convenience held by Eastern Telephone Systems, Inc. at A-310082F0002 shall be cancelled, and the company's name stricken from all active-utility lists maintained by the TRS 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
____
Default Order Public Meeting held
November 29, 2007Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice-Chairperson; Tyrone J. Christy; Kim Pizzingrilli
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. MilleniaNet Corporation (2006.0295.00); C-20077748; A-311190F0002
Default Order By the Commission:
On April 23, 2007, the Law Bureau Prosecutory Staff filed a Formal Complaint against MilleniaNet Corporation (the Respondent), a competitive local exchange carrier certificated at A-311190F0002. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to the Respondent that pursuant to 66 Pa.C.S. § 504 its 2005 Telecommunications Relay Service (TRS) Annual Access Line Summary Report and Annual Tracking Report (TRS Reports) were due. The Complaint charged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2005 TRS Reports. The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 2005 TRS Reports.
According to the U.S. Postal Service return receipt, the Complaint was served on May 18, 2007. To date, more than 30 days later, no answer has been filed to the Complaint and the 2005 TRS Reports have not been filed. In addition, we are not aware that Respondent has any current customers in Pennsylvania, and Respondent was never assigned any NXX codes.
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 Respondent's failure to file an answer to the Complaint or file its 2005 TRS Reports, we conclude that revocation of MilleniaNet Corporation'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 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. MilleniaNet Corporation 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. Such 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 pursuant to Ordering Paragraph No. 2, above.
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(s) of public convenience held by MilleniaNet Corporation at A-311190F0002 shall be cancelled, and the company's name stricken from all active-utility lists maintained by the TRS 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. 07-2388. Filed for public inspection December 21, 2007, 9:00 a.m.]
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