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PA Bulletin, Doc. No. 08-1007

NOTICES

Tentative Order

[38 Pa.B. 2432]
[Saturday, May 24, 2008]

Public Meeting held
May 1, 2008

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

Volo Communications of PA, Inc.; A-311297, A-311297F0002

Tentative Order

By the Commission:

   Volo Communications of PA, Inc. (Volo) is a competitive local exchange carrier (CLEC) and a telecommunications interexchange reseller (IXC reseller) certificated at A-311297 and A-311297F0002, respectively, on January 6, 2005. While Volo is not currently delinquent in the payment of any assessment or the filing of any report, a Volo employee advised Commission staff several months ago that Volo has ceased operations. A subsequent attempt was made by the Bureau of Fixed Utilities Services to advise Volo of the process to cancel its certificate of public convenience; however, to date, Volo has taken no formal action to abandon its certificate. Additionally, the telephone number and e-mail address the Commission has on file for Volo are no longer valid.

   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 facts, we believe it is appropriate to revoke Volo's certificate of public convenience without the necessity of a formal complaint. Also, Volo currently has no NXX codes. For these reasons, we tentatively conclude that revocation of Volo's certificate of public convenience 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 Volo seeks relief from this Tentative Order; Therefore,

It is Ordered That:

   1.  Revocation of Volo Communications of PA, Inc.'s certificates of public convenience is hereby tentatively approved as being in the public interest.

   2.  The Secretary serve a copy of this Tentative Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, and the Office of Trial Staff, and also cause a copy of this Tentative Order to be published in the Pennsylvania Bulletin with a 20-day comment period.

   3.  Absent the filing of adverse public comment within 20 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 certificates of public convenience held by Volo Communications of PA, Inc. at A-311297 and A-311297F0002 shall be canceled, and Volo Communications of PA, 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. 08-1007. Filed for public inspection May 23, 2008, 9:00 a.m.]


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