Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 09-655

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Default Orders

[39 Pa.B. 1782]
[Saturday, April 4, 2009]

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Able Co., Inc. (2006 Annual Rpt);
Doc. No. C-2008-2036244; A-120025

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Able Co., Inc. (the Respondent), a gas utility certificated at A-120025. 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 2006 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2006 Annual Report.

   According to the U.S. Postal Service return receipt, the Complaint was served on June 12, 2008. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report has not been filed.

   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 2006 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under section 3301, 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.  Able Co., Inc. is hereby directed to file its 2006 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Airnex Communications, Inc. (2006 Annual Rpt); Doc. No. C-2008-2036566; A-310794

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Airnex Communications, Inc. (the Respondent), a reseller of interexchange toll services carrier certificated at A-310794. 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 2006 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report. The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 2006 Annual Report.

   According to the U.S. Postal return receipt, the March 26, 2008 Complaint was served on the company and signed indicating receipt but did not indicate a date. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report has 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 2006 Annual Report, we conclude that revocation of Airnex Communications 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.

   3.  Airnex Communications, 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.

   4.  Thirty (30) days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate(s) of public convenience held by Airnex Communications, Inc. at A-310794 shall be cancelled, 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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. All Seasons Water Co. (2006 Annual Rpt); Doc. No. C-2008-2036688; A-210059

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against All Seasons Water Co. (the Respondent), a water utility certificated at A-210059. 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 2006 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2006 Annual Report.

   According to the U.S. Postal Service return receipt, the Complaint was served on May 21, 2008. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report has not been filed.

   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 2006 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under section 3301, 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.  All Seasons Water Co. is hereby directed to file its 2006 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Barkeyville Gas Co. (2006 Annual Rpt); Doc. No. C-2008-2036245; A-120010

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Barkeyville Gas Co. (the Respondent), a gas utility certificated at A-120010. 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 2006 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2006 Annual Report.

   According to the U.S. Postal Service return receipt, the Complaint was served on May 12, 2008. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report has not been filed.

   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 2006 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under section 3301, 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.  Barkeyville Gas Co. is hereby directed to file its 2006 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Bradford Heights Woodland Prop. (2006 Annual Rpt); Doc. No. C-2008-2036696; A-230099

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Bradford Heights Woodland Prop. (the Respondent), a wastewater utility certificated at A-230099. 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 2006 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2006 Annual Report.

   According to the U.S. Postal Service return receipt, the Complaint was served on May 8, 2008. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report has not been filed.

   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 2006 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under section 3301, 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.  Bradford Heights Woodland Prop. is hereby directed to file its 2006 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Buehner-Fry, Inc. (2006 Annual Rpt); Doc. No. C-2008-2036567; A-310504

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Buehner-Fry, Inc. (the Respondent), a reseller of interexchange toll services carrier certificated at A-310504. 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 2006 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report. The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 2006 Annual Report.

   According to the U.S. Postal Service return receipt, the Complaint was served on April 28, 2008. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report has 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 2006 Annual Report, we conclude that revocation of Buehner-Fry, 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.

   3.  Buehner-Fry, 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.

   4.  Thirty (30) days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate(s) of public convenience held by Buehner-Fry, Inc. at A-310504 shall be cancelled, 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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Comtech 21 (2006 TRS & Annual Rpts); Doc. No. C-2008-2036557; A-310971F0002

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Comtech 21 (the Respondent), a competitive local exchange carrier certificated at A-310971F0002. 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 2006 Annual Report, Telecommunications Relay Service (''TRS'') Annual Access Line Summary Report and Telecommunications Relay Service Annual Tracking Report (hereinafter collectively referred to as ''Annual Report'' and ''TRS Reports'') were due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report and TRS Reports. The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 2006 Annual Report and TRS Reports.

   According to the U.S. Postal Service return receipt, the Complaint was served on May 2, 2008. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report and 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 2006 Annual Report and TRS Reports, we conclude that revocation of Comtech 21'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.

   3.  Comtech 21 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.

   4.  Thirty (30) days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate(s) of public convenience held by Comtech 21 at A-310971F0002 shall be cancelled, and the company's name stricken from all active-utility lists maintained by the Tariff and Annual Report Section and the TRS Reports Section of the Commission's Bureau of Fixed Utility Services and the Assessment Section of the Bureau of Administrative Services.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Conneaut Lake Park, Inc. (2006 Annual Rpt); Doc. No. C-2008-2036689; A-210096

Default Order

By The Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Conneaut Lake Park, Inc. (the Respondent), a water utility certificated at A-210096. 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 2006 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2006 Annual Report.

   According to the U.S. Postal Service return receipt, the Complaint was unclaimed. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report has not been filed.

   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 2006 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under section 3301, 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.  Conneaut Lake Park, Inc. is hereby directed to file its 2006 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Corecomm Pennsylvania, Inc. (2006 Annual Rpt); Doc. No. C-2008-2036551; A-310801F0002

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Corecomm Pennsylvania, Inc. (the Respondent), a competitive local exchange carrier certificated at A-310801F0002. 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 2006 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report. The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 2006 Annual Report.

   According to the U.S. Postal Service return receipt, the Complaint was served on May 2, 2008. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report has 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 2006 Annual Report, we conclude that revocation of Corecomm Pennsylvania 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.

   3.  Corecomm Pennsylvania, 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.

   4.  Thirty (30) days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate(s) of public convenience held by Corecomm Pennsylvania Inc. at A-310801F0002 shall be cancelled, 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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Corecomm Pennsylvania (2006 Annual Rpt); Doc. No. C-2008-2036572; A-310801

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Corecomm Pennsylvania (the Respondent), a interexchange intrastate carrier certificated at A-310801. 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 2006 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report. The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 2006 Annual Report.

   According to the U.S. Postal Service return receipt, the Complaint was served on May 5, 2008. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report has 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 2006 Annual Report, we conclude that revocation of Corecomm Pennsylvania'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.

   3.  Corecomm Pennsylvania 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.

   4.  Thirty (30) days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate(s) of public convenience held by Corecomm Pennsylvania at A-310801 shall be cancelled, 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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Dynalink Communications, Inc. (2006 TRS Rpts); Doc. No. C-2008-2037622; A-311424F0002

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Dynalink Communications, Inc. (the Respondent), a competitive local exchange carrier certificated at A-311424F0002. 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 2006 Telecommunications Relay Service (TRS) Annual Access Line Summary Report and Annual Tracking Report (TRS Reports) were due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 TRS Reports. The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 2006 TRS Reports.

   According to the U.S. Postal Service return receipt, the Complaint was served on May 7, 2008. To date, more than 30 days later, no answer has been filed to the Complaint and the 2006 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 2006 TRS Reports, we conclude that revocation of Dynalink Communications 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.

   3.  Dynalink Communications, 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.

   4.  Thirty (30) days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate(s) of public convenience held by Dynalink Communications Inc. at A-311424F0002 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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Esodus Communications, Inc. (2006 Annual Rpt); Doc. No. C-2008-2036573; A-311333

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Esodus Communications, Inc. (the Respondent), a reseller of interexchange toll services carrier certificated at A-311333. 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 2006 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report. The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 2006 Annual Report.

   According to the U.S. Postal Service return receipt, the Complaint was served on May 27, 2008. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report has 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 2006 Annual Report, we conclude that revocation of Esodus Communications 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.

   3.  Esodus Communications, 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.

   4.  Thirty (30) days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate(s) of public convenience held by Esodus Communications Inc. at A-311333 shall be cancelled, 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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Fleeher George H (2006 Annual Rpt); Doc. No. C-2008-2036697; A-230114

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Fleeher George H (the Respondent), a wastewater utility certificated at A-230114. 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 2006 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2006 Annual Report.

   According to the U.S. Postal Service return receipt, the Complaint was served on May 8, 2008. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report has not been filed.

   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 2006 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under section 3301, 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.  Fleeher George H is hereby directed to file its 2006 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Hopkins & Reedy Water Co. (2006 Annual Rpt); Doc. No. C-2008-2036691; A-211425

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Hopkins & Reedy Water Co. (the Respondent), a water utility certificated at A-211425. 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 2006 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2006 Annual Report.

   According to the U.S. Postal Service return receipt, the Complaint was served on May 14, 2008. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report has not been filed.

   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 2006 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under section 3301, 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.  Hopkins & Reedy Water Co. is hereby directed to file its 2006 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Mountain Communications, LLC, d/b/a Procom (2006 TRS Rpts); Doc. No. C-2008-2037630; A-311221F0002

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Mountain Communications, LLC, d/b/a Procom (the Respondent), a competitive local exchange carrier certificated at A-311221F0002. 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 2006 Telecommunications Relay Service (TRS) Annual Access Line Summary Report and Annual Tracking Report (TRS Reports) were due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 TRS Reports. The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 2006 TRS Reports.

   According to the U.S. Postal Service return receipt, the Complaint was served on May 15, 2008. To date, more than 30 days later, no answer has been filed to the Complaint and the 2006 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 2006 TRS Reports, we conclude that revocation of Mountain Communications, LLC, d/b/a Procom'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.

   3.  Mountain Communications, LLC, d/b/a Procom 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.

   4.  Thirty (30) days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate(s) of public convenience held by Mountain Communications, LLC, d/b/a Procom at A-311221F0002 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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, v. Law Bureau Prosecutory Staff v. Nationsline North, Inc. (2006 TRS & Annual Rpts); Doc. No. C-2008-2036559; A-311362

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Nationsline North, Inc. (the Respondent), a competitive local exchange carrier certificated at A-311362. 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 2006 Annual Report, Telecommunications Relay Service (''TRS'') Annual Access Line Summary Report and Telecommunications Relay Service Annual Tracking Report (hereinafter collectively referred to as ''Annual Report'' and ''TRS Reports'') were due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report and TRS Reports. The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 2006 Annual Report and TRS Reports.

   According to the U.S. Postal Service return receipt, the Complaint was served on May 5, 2008. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report and 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 2006 Annual Report and TRS Reports, we conclude that revocation of Nationsline North 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.

   3.  Nationsline North, 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.

   4.  Thirty (30) days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate(s) of public convenience held by Nationsline North Inc. at A-311362 shall be cancelled, and the company's name stricken from all active-utility lists maintained by the Tariff and Annual Report Section and the TRS Reports Section of the Commission's Bureau of Fixed Utility Services and the Assessment Section of the Bureau of Administrative Services.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. One Voice Communications, Inc. (2006 Annual Rpt); Doc. No. C-2008-2036552; A-311051F0004

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against One Voice Communications, Inc. (the Respondent), a competitive local exchange carrier certificated at A-311051F0004. 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 2006 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report. The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 2006 Annual Report.

   According to the U.S. Postal Service return receipt, the Complaint was served on May 2, 2008. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report has 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 2006 Annual Report, we conclude that revocation of One Voice Communications 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.

   3.  One Voice Communications, 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.

   4.  Thirty (30) days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate(s) of public convenience held by One Voice Communications, Inc. at A-311051F0004 shall be cancelled, 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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Pine-Roe Natural Gas, Inc. (2006 Annual Rpt); Doc. No. C-2008-2036247; A-122430

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Pine-Roe Natural Gas, Inc. (the Respondent), a gas utility certificated at A-122430. 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 2006 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2006 Annual Report.

   According to the U.S. Postal Service return receipt, the Complaint was served on May 21, 2008. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report has not been filed.

   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 2006 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under section 3301, 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.  Pine-Roe Natural Gas, Inc. is hereby directed to file its 2006 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  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

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Riemer, Herman Gas Co. (2006 Annual Rpt); Doc. No. C-2008-2036248; A-122670

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Riemer, Herman Gas Co. (the Respondent), a gas utility certificated at A-122670. 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 2006 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2006 Annual Report.

   According to the U.S. Postal Service return receipt, the Complaint was served on May 2, 2008. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report has not been filed.

   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 2006 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under section 3301, 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.  Riemer, Herman Gas Co. is hereby directed to file its 2006 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Telemanagement Services, Inc. (2006 Annual Rpt); Doc. No. C-2008-2036681; A-310878

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Telemanagement Services, Inc. (the Respondent), a reseller of interexchange toll services carrier certificated at A-310878. 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 2006 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report. The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 2006 Annual Report.

   According to the U.S. Postal Service return receipt, the Complaint was served on May 8, 2008. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report has 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 2006 Annual Report, we conclude that revocation of Telemanagement Services 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.

   3.  Telemanagement Services, 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.

   4.  Thirty (30) days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate(s) of public convenience held by Telemanagement Services, Inc. at A-310878 shall be cancelled, 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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. United Systems Access Telecom, Inc. (2006 TRS Rpts); Doc. No. C-2008-2037635; A-311133F0002

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against United Systems Access Telecom, Inc. (the Respondent), a competitive local exchange carrier certificated at A-311133F0002. 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 2006 Telecommunications Relay Service (TRS) Annual Access Line Summary Report and Annual Tracking Report (TRS Reports) were due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 TRS Reports. The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 2006 TRS Reports.

   According to the U.S. Postal Service return receipt, the Complaint was served on May 7, 2008. To date, more than 30 days later, no answer has been filed to the Complaint and the 2006 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 2006 TRS Reports, we conclude that revocation of United Systems Access Telecom 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.

   3.  United Systems Access Telecom, 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.

   4.  Thirty (30) days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate(s) of public convenience held by United Systems Access Telecom, Inc. at A-311133F0002 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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Xchange Telecom Corporation (2006 Annual Rpt); Doc. No. C-2008-2036685; A-311386

Default Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Xchange Telecom Corporation (the Respondent), a reseller of interexchange toll services carrier certificated at A-311386. 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 2006 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report. The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 2006 Annual Report.

   According to the U.S. Postal Service return receipt, the Complaint was served on May 15, 2008. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report has 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 2006 Annual Report, we conclude that revocation of Xchange Telecom 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.

   3.  Xchange Telecom 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.

   4.  Thirty (30) days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate(s) of public convenience held by Xchange Telecom Corporation at A-311386 shall be cancelled, 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.

By the Commission,

____

Default Order

Public Meeting held
March 12, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Ygnition Networks, Inc. (2006 TRS Rpts); Doc. No. C-2008-2037638; A-311426F0002

Default Order

By The Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Ygnition Networks, Inc. (the Respondent), a competitive local exchange carrier certificated at A-311426F0002. 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 2006 Telecommunications Relay Service (TRS) Annual Access Line Summary Report and Annual Tracking Report (TRS Reports) were due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 TRS Reports. The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 2006 TRS Reports.

   According to the U.S. Postal Service return receipt, the Complaint was served on April 30, 2008. To date, more than 30 days later, no answer has been filed to the Complaint and the 2006 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 2006 TRS Reports, we conclude that revocation of Ygnition Networks, 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.

   3.  Ygnition Networks, 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.

   4.  Thirty (30) days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate(s) of public convenience held by Ygnition Network, Inc. at A-311426F0002 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.

By the Commission,

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 09-655. Filed for public inspection April 3, 2009, 9:00 a.m.]



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.