NOTICES
Tentative Order
[34 Pa.B. 5867] Public Meeting held
September 30, 2004Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli; Wendell F. Holland
Maxcess, Inc. (2004.0106.01); A-310918
Tentative Order By the Commission:
Maxcess, Inc. (''Maxcess''), an interexchange reseller, was granted a certificate of public convenience by the Commission on July 13, 2000, at A-310918. Maxcess has failed to file its Assessment Report of operating revenues for the calendar year 2003 for use in calculating the General Assessment pursuant to section 510(b) of the Public Utility Code, 66 Pa.C.S. § 510(b). An Assessment Report form was sent by first class mail on February 23, 2004, to Maxcess at its last known business address, and was returned as undeliverable. Telephone calls to the last known telephone number for Maxcess confirmed that the number has been disconnected and no information is available for any new telephone number. At this point, there is no reasonable means to reach the company, and it has failed in its responsibility to notify the Commission of any address or telephone number changes. Finally, we are not aware that Maxcess has any current customers in Pennsylvania, and Maxcess 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 imposition of any such remedies as the Commission may deem appropriate. 66 Pa.C.S. §§ 504, 505, 506, and 3301. Based upon the findings of Commission staff, we believe that it is appropriate to revoke Maxcess' certificate of public convenience without the necessity of first filing a formal complaint. For these reasons, we tentatively conclude that revocation of Maxcess' certificate of public convenience pursuant to 66 Pa.C.S. § 1102(a)(2) will not be detrimental to the public interest. Furthermore, we may take other appropriate action, including the imposition of penalties under section 3301, in lieu of cancellation, if Maxcess seeks relief from this Tentative Order; Therefore,
It Is Ordered That:
1. Revocation of Maxcess, Inc.'s certificate 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 Office of Trial Staff, and also cause a copy of this Tentative Order to be published in the Pennsylvania Bulletin with a thirty (30) day comment period.
3. Absent the filing of adverse public comment within thirty (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 certificate of public convenience held by Maxcess, Inc. at A-310918 shall be cancelled, and the company's name stricken from all active utility lists maintained by the Commission's Bureau of Fixed Utility Services and the Assessment Section of the Bureau of Administrative Services.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 04-1939. Filed for public inspection October 22, 2004, 9:00 a.m.]
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