NOTICES
Tentative Order
[39 Pa.B. 5220]
[Saturday, August 29, 2009]Public Meeting held
August 6, 2009Commissioners Present: James H. Cawley, Chairperson, Tyrone J. Christy, Vice Chairperson, Kim Pizzingrilli, Wayne E. Gardner, Robert F. Powelson
In re: Capital Telecommunications, Inc.;
Doc. Nos. A-310084 and A-310084F0002
Tentative Order By the Commission:
Capital Telecommunications, Inc. (Capital) is a reseller of interexchange toll services and a competitive local exchange carrier certificated at A-310082 and A-310082F0002, respectively. Capital has failed to file its 2007 Annual Reports under section 504 of the Public Utility Code. 66 Pa.C.S. § 504. Specifically, 66 Pa.C.S. § 504 provides that:
The commission may require any public utility to file periodical reports, at such times, and in such form, and of such content, as the commission may prescribe, and special reports concerning any matter whatsoever about which the commission is authorized to inquire, or to keep itself informed, or which it is required to enforce.Commission staff's several attempts to reach Capital by mail and phone to file the missing report have been unsuccessful. Telephone calls to the last known business address of Capital reveals that the number is not a properly working number and no information is available for any new phone numbers. In addition, we are not aware that Capital has any current customers in Pennsylvania, and Capital 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 the above facts, we believe it is appropriate to revoke Capital's certificates of public convenience without the necessity of a formal complaint. For these reasons, we tentatively conclude that revocation of Capital's certificates of public convenience under 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 Capital seeks relief from this Tentative Order; Therefore,
It Is Ordered That:
1. The revocation of Capital Telecommunications, Inc.'s certificates of public convenience are 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 30-day comment period.
3. The absence of 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 certificates of public convenience held by Capital Telecommunications, Inc. at A-310084 and A-310084F0002 shall be canceled, and Capital Telecommunications, 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. 09-1649. Filed for public inspection August 28, 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.
