NOTICES
Tentative Order
[32 Pa.B. 5602] Public Meeting held
October 24, 2002Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick, statement concurring and dissenting in part follows; Kim Pizzingrilli
Application of NECC Telecom, Inc. to offer, render, furnish, or supply interexchange telecommunication services as a reseller to business and residential customers in the Commonwealth of Pennsylvania; Doc. No. A-311209
Tentative Order By the Commission:
NECC Telecom, Inc. (Applicant) filed the previously-captioned application on August 22, 2002, seeking a certificate of public convenience pursuant to Chapter 11 of the Public Utility Code, 66 Pa.C.S. §§ 1101, et seq., evidencing Commission approval to resell interexchange (IXC) telecommunication services to business and residential customers throughout Pennsylvania.
The Applicant complied with our regulations at 52 Pa. Code § 5.14, relating to applications requiring notice. No protests were filed, and no hearings were held. Furthermore, no motions or petitions have been filed in response to the application.
The Applicant is an Indiana corporation with its principal place of business at 1209 Windmill Lane, Jeffersonville, IN 47130. The Applicant provided proof of compliance with 15 Pa.C.S. § 4124, relating to foreign corporations.
The Applicant proposes to operate as an Interexchange Toll Reseller, interLATA and/or intraLATA (for example, providing MTS, 1+, 800, WATS, Travel and Debit Card service), and has filed a proposed tariff that contains rates in compliance with our regulations at 52 Pa. Code § 63.114, relating to maximum rates for resellers of IXC telecommunication services.
Based upon our review of the subject application and the proposed tariff, pursuant to our authority at 66 Pa.C.S. § 3009(b)(4), we tentatively conclude that the Applicant has met the requirements for certification as a reseller of IXC telecommunication services, and that the proposed services do not raise concerns at this time regarding safety, adequacy, reliability or privacy. For these reasons, we tentatively conclude that approval of the application is in the public interest. We note, however, certain deficiencies in the proposed initial tariff and shall direct the Applicant to revise the proposed tariff as provided in Appendix A to this Order; Therefore,
It Is Ordered That:
1. The application of NECC Telecom, Inc. for approval to resell interexchange toll telecommunication services to business and residential customers throughout Pennsylvania is hereby tentatively approved as in the public interest.
2. A copy of this Tentative Order be published in the Pennsylvania Bulletin giving the public 10 days from the date of publication to file written comment or request oral hearing.
3. Absent the filing of adverse public comment or request for oral hearing within 10 days from the date of publication pursuant to Ordering Paragraph No. 2, this Tentative Order shall become final without further order of the Commission.
4. NECC Telecom, Inc. shall file with the Secretary's Bureau, within 60 days after the date of this Order becoming final, an initial tariff reflecting the same rates, rules and regulations as contained in its proposed tariff, but revised as provided in Appendix A of this Order; however, upon written request for good cause shown, the Secretary may grant an additional 60-day period in which to submit an initial tariff. A copy of the initial tariff should be served on each entity receiving a copy of the original application. The initial tariff may become effective on 1 day's notice from the date upon which it is filed, and must reflect on its face that it is an ''Interexchange Reseller Toll Tariff.''
5. Upon approval of an initial tariff, a certificate of public convenience be issued authorizing NECC Telecom, Inc. to furnish interexchange telecommunication services within the Commonwealth as a nonfacilities-based provider.
6. In the event NECC Telecom, Inc. has not, on or before 60 days (or 120 days if the Applicant has received approval for an extension) from the date this Order becomes final, complied with the requirements set forth herein, the instant application will be deemed dismissed, without any further proceeding, and the authority granted herein revoked without further Commission order.
JAMES J. MCNULTY,
Secretary
Appendix A
NECC Telecom, Inc.; A-311209 (Interexchange Toll Services)
Deficiencies noted for Tariff No. 1: 1) An issue and effective date must be inserted in the initial tariff. Where the initial tariff filed in compliance to this Order is mailed to the Commission, the issue date shall be the date of mailing and the effective date should be no less than five (5) days after the mailing date. Where the initial tariff is hand-delivered, the issue date shall be the date of filing and the effective date may be the next business day.
2) Insert the following: Discontinuance of Service. 52 Pa. Code § 64.53. A Customer who wishes to have service discontinued shall give at least five (5) days oral or written notice to the Company, specifying the date on which it is desired that service be discontinued.
3) Original Sheet 19: 2.13 Returned Check Charge. The dollar amount of the returned check charge must be specified in the tariff.
[Pa.B. Doc. No. 02-2033. Filed for public inspection November 8, 2002, 9:00 a.m.]
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