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PA Bulletin, Doc. No. 09-1314

NOTICES

Tentative Order

[39 Pa.B. 4198]
[Saturday, July 18, 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:  VCI Company, t/a Vilaire Communications;
Doc. No. A-311437F0002

Tentative Order

By the Commission:

   VCI Company t/a Vilaire Communications (Vilaire) is a competitive local exchange carrier (CLEC) certificated at A-311437F0002. Recently, Commission staff attempted to contact by phone and e-mail Vilaire about the company not filing its 2008 TRS Access Line Summary Report that was due on March 1, 2009. A former Vilaire employee contacted by e-mail advised in the e-mail response that Vilaire has ceased operations. Additionally, the telephone number the Commission has on file for Vilaire is disconnected and no information is available for any new phone numbers.

   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 facts, we believe it is appropriate to revoke Vilaire's certificate of public convenience without the necessity of a formal complaint. Also, Vilaire currently has no NXX codes. For these reasons, we tentatively conclude that revocation of Vilaire'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 Vilaire seeks relief from this Tentative Order; Therefore,

It Is Ordered That:

   1.  Revocation of VCI Company t/a Vilaire Communications'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 VCI Company t/a Vilaire Communications at A-311437F0002 shall be canceled, and VCI Company t/a Vilaire Communications' 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. 09-1314. Filed for public inspection July 17, 2009, 9:00 a.m.]


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