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PA Bulletin, Doc. No. 09-342

NOTICES

Tentative Order

[39 Pa.B. 1078]
[Saturday, February 21, 2009]

Public Meeting held
December 18, 2008

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

Pennsylvania Public Utility Commission; Law Bureau Prosecutory Staff v. Accxx Communications (2006 Annual Rpt); Doc. No. A-311180; C-2008-2036565

Tentative Order

By the Commission:

   On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Accxx Communications (the Respondent), a reseller of interexchange toll services carrier certificated at A-311180. 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 charged 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 not served because there was an insufficient address. 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 used the address provided by the company. However, the company has failed in its responsibility to notify the Commission of any address or phone number changes so there was no reasonable means for serving the complaint with the expectation that the company would receive it and thereafter file a response. 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 its 2006 Annual Report and upon our inability to serve the Complaint, we conclude that revocation of Accxx Communications'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 Tentative 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 Tentative 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 Tentative Order to be published in the Pennsylvania Bulletin with a 20-day comment period.

   3.  In the absence of the filing of adverse public comment, 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 certificate of public convenience held by Accxx Communications at A-311180 will be cancelled by the Secretary's Bureau and Accxx Communications's name shall be 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

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 09-342. Filed for public inspection February 20, 2009, 9:00 a.m.]


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