NOTICES
Default Order
[39 Pa.B. 1598]
[Saturday, March 28, 2009]Public Meeting held
March 12, 2009Commissioners Present: James H. Cawley, Chairperson; Tyrone J. Christy, Vice-Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner
Pennsylvania Public Utility Commission; Law Bureau Prosecutory Staff v. Buehner-Fry, Inc. (2006 Annual Rpt); Doc. No. C-2008-2036567; A-310504
Default Order By the Commission:
On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Buehner-Fry, Inc. (the Respondent), a reseller of interexchange toll services carrier certificated at A-310504. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to the Respondent that pursuant to 66 Pa.C.S. § 504 its 2006 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report. The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 2006 Annual Report.
According to the U.S. Postal Service return receipt, the Complaint was served on April 28, 2008. To date, more than 20 days later, no answer has been filed to the Complaint and the 2006 Annual Report has not been filed. In addition, we are not aware that Respondent has any current customers in Pennsylvania, and Respondent 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 ordering of such other remedy as the Commission may deem appropriate. 66 Pa.C.S. §§ 504, 505, 506 and 3301. Based on Respondent's failure to file an answer to the Complaint or file its 2006 Annual Report, we conclude that revocation of Buehner-Fry, Inc.'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 Respondent seeks relief from this Default Order; Therefore,
It is Ordered that:
1. That the allegations in the Law Bureau Prosecutory Staff's Complaint are deemed admitted and the Complaint is thereby sustained.
2. That the Secretary serve a copy of this Default Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, and the Attorney General's Bureau of Consumer Protection, and also cause a copy of this Default Order to be published in the Pennsylvania Bulletin.
3. That Buehner-Fry, Inc. immediately cease providing service to any new customers and, within 10 days of the entry date of this order, provide written notice to any existing customers directing each to select an alternative service provider within 30 days of the date of the notice. Such notice must include a statement of the Commission's intent to cancel the company's certificate of public convenience.
4. Thirty (30) days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate(s) of public convenience held by Buehner-Fry, Inc. at A-310504 shall be cancelled, and the company's name stricken from all active-utility lists maintained by the Tariff and Annual Report Section of the Commission's Bureau of Fixed Utility Services and the Assessment Section of the Bureau of Administrative Services.
By the Commission
JAMES, J. MCNULTY,
Secretary
[Pa.B. Doc. No. 09-597. Filed for public inspection March 27, 2009, 9:00 a.m.]
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