NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Cancellation Order
[34 Pa.B. 3212] Public Meeting held
May 27, 2004Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli; Wendell F. Holland
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Worldxchange, Inc. (2002.0246.00); Doc. No. C-20031989; A-311038
Cancellation Order By the Commission:
On December 19, 2003, Law Bureau Prosecutory Staff filed a Formal Complaint against Worldxchange, Inc. (Respondent), an IXC reseller certificated at A-311038. In the Complaint, Prosecutory Staff alleged that Commission staff had notified Respondent by both first class and certified mail, return receipt requested, that Respondent had failed to file its 2002 Annual Report. The Complaint requested that the Commission issue an order canceling the Respondent's certificate for failure to file its 2002 Annual Report.
Service of the Complaint was perfected on December 29, 2003. Respondent filed an Answer on February 13, 2004, stating that it filed for bankruptcy on April 24, 2001, and has had no operations since the summer of 2001. In its Answer, Respondent further stated that it sold substantially all of its assets in June 2001. Respondent requests to have its certificate cancelled since the company is out of business and all of its assets have been sold.
Based upon the foregoing, it is appropriate to sustain the complaint and cancel the certificate of public convenience of Worldxchange, Inc. We note that a review of Commission records shows that Respondent does not have any outstanding assessments or fines. We also note that because Respondent was never given any NXX codes, there are no numbering compliance issues. We reach this determination notwithstanding numerous technical violations of the Public Utility Code and our regulations since under the circumstances presented to us in this case, no practical benefits inure nor is the public interest advanced by any further prosecution of this entity.
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 another remedy as the Commission may deem appropriate. 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 order; Therefore,
It Is Ordered That:
1. The allegations in Law Bureau Prosecutory Staff's complaint are deemed admitted and the complaint is hereby sustained.
2. The certificate of public convenience held by Worldxchange, Inc. at A-311038 is hereby cancelled.
3. The Secretary strike the name of Worldxchange, Inc. from all active-utility lists maintained by the Annual Report Section of the Secretary's Bureau and the Assessment Section of the Bureau of Administrative Services.
4. Notice of this Cancellation Order shall be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 04-1098. Filed for public inspection June 18, 2004, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
