NOTICES
Tentative Order
[37 Pa.B. 875]
[Saturday, February 17, 2007]Public Meeting held
January 26, 2007Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Kim Pizzingrilli, Terrance J. Fitzpatrick
Application of PT-1 Long Distance Inc. (2007.0014); Doc. No. A-311008
Tentative Order By the Commission:
PT-1 Long Distance Inc. (PT-1) has failed to pay its $255 general assessment for 2006-2007 under 66 Pa.C.S. § 510(c). PT-1 is a telecommunications interexchange reseller certificated at A-311008, whose certificate of public convenience was issued on November 9, 2000. On or about August 21, 2006, Commission staff sent an invoice to PT-1 notifying it that its 2006-2007 annual assessment was due. The Commission has not received payment for this invoice. Commission staff has attempted to reach PT-1, but staff's efforts have been unsuccessful. Further, Commission records indicate that PT-1 notified the Commission in May 2002 that it had filed a voluntary Chapter 11 bankruptcy petition and that it was transferring its long distance telephone customers to TTI National, Inc. By letter dated January 28, 2003, Secretary McNulty confirmed that the transfer of customers did not require Commission approval. While PT-1 did not subsequently request abandonment of its certificate of public convenience at the time, we believe PT-1 is no longer in business in Pennsylvania.
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 PT-1's failure to pay its annual assessment for 2006-2007, we believe it is appropriate to revoke PT-1's certificate of public convenience without the necessity of a formal complaint, and we tentatively conclude that revocation of PT-1's certificate of public convenience 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 PT-1 seeks relief from this Tentative Order; Therefore,
It Is Ordered That:
1. Revocation of PT-1'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. That upon this order becoming final, and without further action by the Commission, the certificate of public convenience held by PT-1 at A-311008 shall be canceled, and PT-1'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. 07-297. Filed for public inspection February 16, 2007, 9:00 a.m.]
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