NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Service of Notice of Telecommunications Formal Complaints
[49 Pa.B. 2590]
[Saturday, May 18, 2019]Formal complaints have been issued by the Pennsylvania Public Utility Commission. Answers must be filed in accordance with 52 Pa. Code (relating to public utilities). Answers are due June 3, 2019, and must be made with the Secretary, Pennsylvania Public Utility Commission, 400 North Street, Harrisburg, PA 17120, with a copy to the First Deputy Chief Prosecutor, Pennsylvania Public Utility Commission.
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Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Quasar Communications Corp.; Docket No. C-2019-3007250
COMPLAINT Now Comes the Bureau of Investigation and Enforcement (''I&E'') of the Pennsylvania Public Utility Commission's (''Commission'') by its prosecuting attorneys, pursuant to Section 701 of the Public Utility Code, 66 Pa.C.S. § 701 and files this Formal Complaint against Quasar Communications Corp. (''Respondent'') alleging violations of the Commission's regulations. In support of its Complaint, I&E respectfully represents the following:
I. Parties and Jurisdiction
1. The Pennsylvania Public Utility Commission, with a mailing address of P.O. Box 3265, Harrisburg, PA 17105-3265, is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth pursuant to the Public Utility Code, 66 Pa.C.S. §§ 101, et seq.
2. Complainant is the Commission's Bureau of Investigation and Enforcement, which is the bureau established to take enforcement actions against public utilities and other entities subject to the Commission's jurisdiction pursuant to 66 Pa.C.S. § 308.2(a)(11). See also Implementation of Act 129 of 2008; Organization of Bureaus and Offices, Docket No. M-2008-2071852 (Order entered August 11, 2011) at 5 (delegating authority to initiate proceedings that are prosecutory in nature to I&E).
3. Complainant is represented by:
Kourtney L. Myers
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.govMichael L. Swindler
Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-32654. Respondent is Quasar Communications Corp. and maintains its principal place of business at 15610 Boulder Oaks Drive, Houston, TX 77084, Attention: Elise Escamilla.
5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as it is engaged in conveying or transmitting messages or communications by telephone in the Commonwealth of Pennsylvania for compensation.
6. The Commission issued Respondent a Certificate of Public Convenience on or about August 19, 2004, at A-311327, for interexchange carrier reseller authority.
7. Section 501(a) of the Public Utility Code, 66 Pa.C.S. § 501(a), authorizes and obligates the Commission to execute and enforce the provisions of the Public Utility Code.
8. Section 701 of the Public Utility Code, 66 Pa.C.S. § 701, authorizes the Commission to, inter alia, hear and determine complaints against public utilities for a violation of any law or regulation that the Commission has jurisdiction to administer.
9. Section 63.171 of the Commission's regulations, 52 Pa. Code § 63.171, authorizes the Commission to initiate enforcement actions against telecommunications service providers that fail to pay, in a timely manner, any contributions required under the Commission's Universal Service regulations.
10. Section 3301 of the Public Utility Code, 66 Pa.C.S. § 3301, authorizes the Commission to impose civil penalties on any public utility, or any other person or corporation subject to the Commission's authority, for violation(s) of the Public Utility Code and/or Commission regulations. Section 3301(a)-(b) of the Public Utility Code, 66 Pa.C.S. § 3301(a)-(b), allows for the imposition of a separate civil penalty for each violation and each day's continuance of such violation(s).
11. Respondent, in conveying or transmitting messages or communications by telephone, is subject to the power and authority of this Commission pursuant to Section 501(c) of the Public Utility Code, 66 Pa.C.S. § 501(c), which requires a public utility to comply with Commission regulations.
12. Pursuant to the provisions of the applicable Commonwealth statutes and regulations, the Commission has jurisdiction over the subject matter of this complaint and the actions of Respondent related thereto.
II. Background
13. Section 3011 of the Public Utility Code, 66 Pa.C.S. § 3011, authorizes the Commission to establish a Universal Service Fund (''USF'') to ensure the availability of basic telecommunications services to all Pennsylvania residents.
14. Pursuant to 52 Pa. Code § 63.164, the Commission established the size of the Pennsylvania USF and the assessment rate for contributing telecommunications providers1 for the 2018 calendar year. Pennsylvania Universal Service Fund Annual Rate Adjustment, Docket No. M-00001337 (Order entered December 7, 2017).
15. Respondent is a contributing telecommunications provider.
16. On December 15, 2017, the Commission's third-party USF Administrator, GVNW Consulting, Inc. (''GVNW''), mailed to Respondent a Pennsylvania USF 2018 Remittance Voucher that was based on revenues for the 2016 calendar year that Respondent reported to GVNW in its Pennsylvania USF Administrator Development of Assessment Data Request. Respondent's total annual USF Assessment amount for 2018 was $146.62.
17. Respondent's first monthly USF Assessment payment for 2018 was $12.22 and due on January 16, 2018.
18. Respondent failed to timely pay its first monthly USF Assessment for 2018.
19. GVNW continued to mail to Respondent monthly USF vouchers for the 2018 calendar year.
20. On June 14, 2018, Respondent submitted payment in the amount of $73.30 to be applied towards its USF Assessments for the 2018 calendar year.
21. Upon receipt of Respondent's payment, late fees in the amount of $1.65 were added to Respondent's USF Assessment balance related to the 2018 calendar year.2
22. Subsequent to Respondent's payment, GVNW continued to mail to Respondent monthly USF vouchers for the 2018 calendar year.
23. On or about October 16, 2018, Spencer Nahf, of the Commission's Bureau of Technical Utility Services (''TUS''), contacted Respondent, by telephone, regarding payment of Respondent's remaining, outstanding USF Assessments related to the 2018 calendar year and left a voicemail for Respondent, which was not returned.
24. On October 17, 2018, I&E sent Respondent a notice regarding its remaining, outstanding USF Assessments related to the 2018 calendar year.
25. To date, Respondent has not submitted payment or contacted the Commission regarding its remaining, outstanding USF Assessment balance for the 2018 calendar year.
26. Respondent's current, outstanding USF Assessment balance related to the 2018 calendar year is $74.97.3
III. Violation
27. All allegations in paragraphs 1—26 are incorporated as if fully set forth herein.
28. Respondent failed to satisfy its monthly Universal Service Fund Assessments for six (6) months of the 2018 calendar year. If proven, this is a violation of 52 Pa. Code §§ 63.161—63.171. The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is 15% of the outstanding USF Assessments or a minimum of $50, whichever is greater. Therefore, I&E's proposed civil penalty for this violation is $50.
Wherefore, for all the foregoing reasons, the Pennsylvania Public Utility Commission's Bureau of Investigation and Enforcement respectfully requests that:
(a) Respondent be ordered to pay its outstanding USF Assessments related to the 2018 calendar year, including late fees, and the requested civil penalty for the above-described violation; and
(b) If payment of the USF Assessments, late fees, and civil penalty is not made, the Bureau of Investigation and Enforcement requests that:
(1) the Commission issue an Order to cancel the Certificate of Public Convenience issued to Respondent;
(2) this matter be referred to the Pennsylvania Office of Attorney General for appropriate action; and
(3) the Commission grant such other relief as it deems appropriate.
Respectfully submitted,
Kourtney L. Myers
ProsecutorPennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.govDate: January 17, 2019
VERIFICATION I, Spencer Nahf, Fixed Utility Financial Analyst, Bureau of Technical Utility Services, hereby state that the facts above set forth are true and correct to the best of my knowledge, information, and belief and that I expect the Bureau will be able to prove the same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Date: January 17, 2019
Spencer Nahf, Fixed Utility Financial Analyst
Technical Utility Services
Pennsylvania Public Utility Commission
P.O. Box 3265
Harrisburg, PA 17105-3265
NOTICE A. You must file an Answer within 20 days of the date of service of this Complaint. The date of service is the mailing date as indicated at the top of the Secretarial Letter. See 52 Pa. Code § 1.56(a). The Answer must raise all factual and legal arguments that you wish to claim in your defense, include the docket number of this Complaint, and be verified. You may file your Answer by mailing an original to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P.O. Box 3265
Harrisburg, PA 17105-3265Or, you may eFile your Answer using the Commission's website at www.puc.pa.gov. The link to eFiling is located under the Filing & Resources tab on the homepage. If your Answer is 250 pages or less, you are not required to file a paper copy. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.
Additionally, a copy should either be mailed to:
Kourtney L. Myers, Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265Or emailed to Ms. Myers at: komyers@pa.gov
B. If you fail to answer this Complaint within 20 days, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing the requested relief.
C. You may elect not to contest this Complaint by paying the past due USF Assessment, late fees, and civil penalty within 20 days.
Payment of the USF Assessment should be made payable to ''PA USF'' with your account number indicated, and mailed to:
PA USF
1695 State Street
East Petersburg, PA 17520After making payment of the USF Assessment, please contact PA USF Administrator, GNVW Consulting, Inc. at (217) 862-1510 to obtain the current amount of late fees that are owed.
Payment of the civil penalty must be made by certified check or money order, made payable to the ''Commonwealth of Pennsylvania,'' with the docket number indicated, and mailed to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P.O. Box 3265
Harrisburg, PA 17105-3265D. If you file an Answer which either admits or fails to deny the allegations of the Complaint, the Bureau of Investigation and Enforcement will request the Commission to issue an Order imposing the requested relief set forth in this Complaint.
E. If you file an Answer which contests the Complaint, the matter will be assigned to an Administrative Law Judge for hearing and decision. The Judge is not bound by the penalty set forth in the Complaint and may impose additional and/or alternative penalties as appropriate.
F. If you are a corporation, you must be represented by legal counsel. 52 Pa. Code § 1.21.
G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.
ROSEMARY CHIAVETTA,
Secretary
[Pa.B. Doc. No. 19-775. Filed for public inspection May 17, 2019, 9:00 a.m.] _______
1 Contributing telecommunications providers are telecommunications carriers that provide intrastate telecommunications services.
2 Pursuant to 52 Pa. Code § 63.169(b), late fees are charged at 1.5% per month pro rata per diem on the delinquent contribution.
3 This amount does not include late fees for Respondent's remaining, outstanding USF Assessment balance related to the 2018 calendar year. The total amount of late fees due will be calculated upon receipt of payment of the remaining, outstanding USF Assessment balance by GVNW.
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