NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Ernest Communications, Inc.
[44 Pa.B. 5428]
[Saturday, August 9, 2014]Public Meeting held
July 24, 2014Commissioners Present: Robert F. Powelson, Chairperson; John F. Coleman, Jr., Vice Chairperson; James H. Cawley; Pamela A. Witmer; Gladys M. Brown
In re: Ernest Communications, Inc.;
A-310749; A-310749F0002
Tentative Order By the Commission:
Ernest Communications, Inc. (Ernest or the Company), whose utility code is 310749, is a telecommunications interexchange reseller and a competitive local exchange carrier certificated at A-310749 and A-310749F0002, respectively, on August 26, 1999.
On June 10, 2013, Birch Communications, Inc. (Birch) and Ernest filed a joint application pursuant to Chapter 11 of the Pennsylvania Public Utility Code, 66 Pa.C.S. § 1101—1103 and 52 Pa. Code § 63.324, the Commission's Abbreviated Procedures for Review and Approval of Transfer of Control for Telecommunications Public Utilities, seeking approval of the transfer all of Ernest's Pennsylvania customers and assets to Birch. This application was docketed at A-2013-2368628, and the transaction was approved by Secretarial Letter dated January 15, 2014. The transaction was thereafter consummated on January 16, 2014, with the expectation that Ernest was to file an application for abandonment of service.
However, Commission staff has subsequently learned that Ernest is no longer in business and staff has not been able to contact anyone from the Company to determine if an abandonment application will ever be filed. A former outside consultant for Ernest has also advised staff that the Company is out of business. Ernest currently has no 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 tentatively conclude that it is appropriate to revoke Ernest's certificate of public convenience without the necessity of a formal complaint as being 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 Ernest seeks relief from this Tentative Order; Therefore,
It is Ordered That:
1. Revocation of Ernest Communications, 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 Bureau of Investigation & Enforcement, and also cause a copy of this Tentative Order to be published in the Pennsylvania Bulletin with a 30-day comment period.
3. Absent 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 Ernest Communications, Inc. at A-310749 and A-310749F0002 shall be canceled, and Ernest Communications, Inc.'s name stricken from all active utility lists maintained by the Commission's Bureau of Technical Utility Services and the Assessment Section of the Bureau of Administrative Services.
ROSEMARY CHIAVETTA,
Secretary
[Pa.B. Doc. No. 14-1715. Filed for public inspection August 8, 2014, 9:00 a.m.]
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