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PA Bulletin, Doc. No. 09-1269

NOTICES

Tentative Order

[39 Pa.B. 3585]
[Saturday, July 11, 2009]

Public Meeting held
June 18, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Kim Pizzingrilli; Wayne E. Gardner; Robert F. Powelson

In Re:  Starvox Communications, Inc. (2007 Annual Report); Doc. No. A-311382

Tentative Order

By the Commission

   Starvox Communications, Inc. (Starvox) has failed to file its 2007 Annual Report pursuant to section 504 of the Public Utility Code. 66 Pa.C.S. § 504. Specifically, 66 Pa.C.S. § 504 provides that:

The commission may require any public utility to file periodical reports, at such times, and in such form, and of such content, as the commission may prescribe, and special reports concerning any matter whatsoever about which the commission is authorized to inquire, or to keep itself informed, or which it is required to enforce.

Starvox is a reseller of interexchange toll services certificated at A-311382. Commission staff's several attempts to reach Starvox by mail and phone to file the missing report have been unsuccessful. Telephone calls to the last known business address of Starvox confirmed that the number is disconnected and no information is available for any new phone numbers. Additionally, Starvox's former outside consultant has advised Commission staff that Starvox has been out of business for over a year.

   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. 66Pa.C.S. §§ 504, 505, 506 and 3301. Based on the previous facts, we tentatively conclude that it is appropriate to revoke Starvox's certificate of public convenience without the necessity of a formal complaint as being 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 Starvox seeks relief from this Tentative Order; Therefore,

It Is Ordered That:

   1.  The revocation of Starvox Communications, 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.  The absence of 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 Starvox Communications, Inc. at A-311382 shall be canceled, and Starvox Communications, 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. 09-1269. Filed for public inspection July 10, 2009, 9:00 a.m.]


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