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PA Bulletin, Doc. No. 04-2272

NOTICES

Tentative Order

[34 Pa.B. 6746]

Public Meeting held
December 2, 2004

Commissioners Present: Wendell F. Holland, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli

PromiseVision Technology, Inc. (2004.0268); A-310875

Tentative Order

By the Commission:

   PromiseVision Technology, Inc. (''PromiseVision'' or ''the company'') has failed to pay its $447 General Assessment for 2004-2005 pursuant to section 510(c) of the Public Utility Code. 66 Pa.C.S. § 510(c). PromiseVision has also failed to pay its monthly Universal Service Fund Assessment pursuant to 52 Pa. Code §§ 63.161--63.171 since May 2004. PromiseVision is a telecommunications interexchange reseller certificated at A-310875 whose certificate of public convenience was issued on December 16, 1999.

   On August 11, 2004, Commission staff sent an invoice to PromiseVision notifying it that its 2004-2005 General Assessment was due. The Commission has not received payment for this invoice. In addition, PromiseVision has not paid its monthly Universal Service Fund Assessment since May 2004. In a letter received by the Commission on September 13, 2004, PromiseVision advised the Commission that the company was dissolved and was no longer providing service to customers within the Commonwealth of Pennsylvania. Although a response letter was sent by the Secretary's Bureau, no further correspondence has been received from PromiseVision. Commission staff thereafter called the company's former consultant who advised that PromiseVision is out of business. A follow up telephone call to another telephone number provided by the former consultant confirmed that the company has gone out of business.

   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 and because of PromiseVision's failure to pay both its General Assessment for 2004-2005 and its monthly Universal Service Fund Assessment since May 2004, we believe it is appropriate to revoke PromiseVision's certificate of public convenience without the necessity of a formal complaint, and we tentatively conclude that revocation of PromiseVision's certificate of public convenience pursuant to 66 Pa.C.S. § 1102(a)(2) is 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 PromiseVision seeks relief from this Tentative Order; Therefore,

It Is Ordered that:

   1.  Revocation of PromiseVision Technology, 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 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 certificate of public convenience held by PromiseVision Technology, Inc. at A-310875 shall be canceled, and PromiseVision Technology, Inc.'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. 04-2272. Filed for public inspection December 17, 2004, 9:00 a.m.]


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