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PA Bulletin, Doc. No. 07-71

NOTICES

Rescission Order

[37 Pa.B. 291]
[Saturday, January 13, 2007]

Public Meeting held
December 21, 2006

   Commissioners Present:  Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Kim Pizzingrilli; Terrance J. Fitzpatrick

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Bentleyville Communications Co. (2006.0116); Doc. No. C-20066113, A-310250

Rescission Order

By the Commission:

   On April 6, 2006, Law Bureau Prosecutory Staff filed a Formal Complaint against Bentleyville Communications Co. (Bentleyville), a facilities based CLEC and switched access carrier certificated at A-310250, for failure to file its 2004 Annual Report. On November 15, 2006, the Commission entered a Default Order that sustained the complaint and cancelled Bentleyville's certificate of public convenience. Notice of the Default Order was published on December 2, 2006 at 36 Pa.B. 7375 with a 20-day comment period.

   On December 4, 2006, Bentleyville filed its delinquent report and paid the late-filing fee. Bentleyville filed a letter with its late-filing fee stating that failure to file its 2004 Annual Report was inadvertent. Bentleyville apologized for the oversight and requested rescission of the Default Order.

   Because Bentleyville has now filed its delinquent annual report and paid the late-filing fee, we will grant its request for rescission. However, we caution Bentleyville that all future Annual Reports must be timely filed and all Commission correspondence must be answered in a timely manner. The Commission hereby puts Bentleyville and the rest of 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; Therefore,

It Is Ordered That:

   1.  The Default Order entered November 15, 2006 against Bentleyville Communications Co. at this docket is hereby rescinded.

   2.  A copy of this order be published in the Pennsylvania Bulletin.

   3.  Upon publication this docket shall be marked closed.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 07-71. Filed for public inspection January 12, 2007, 9:00 a.m.]


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