NOTICES

Tentative Order

[39 Pa.B. 5221]
[Saturday, August 29, 2009]

Public Meeting held
August 6, 2009

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

In re:  Eastern Telephone Systems, Inc.;
Doc. No. A-310082

Tentative Order

By the Commission:

   Eastern Telephone Systems, Inc. (Eastern) is a reseller of interexchange toll services certificated at A-310082. Eastern has failed to file its 2007 Annual Report pursuant to 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 Eastern by mail and phone to file the missing report have been unsuccessful. Telephone calls to the last known business address of Eastern reveals that the number is not a properly working number and no information is available for any new phone numbers.

   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 Eastern's certificate of public convenience without the necessity of a formal complaint. For these reasons, we tentatively conclude that revocation of Eastern's certificate 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 Eastern seeks relief from this Tentative Order; Therefore,

It Is Ordered That:

   1.  The revocation of Eastern Telephone Systems, Inc.'s certificate 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 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 certificate of public convenience held by Eastern Telephone Systems, Inc. at A-310082 shall be canceled, and Eastern Telephone Systems, 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. 09-1650. Filed for public inspection August 28, 2009, 9:00 a.m.]

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