NOTICES
Tentative Order
[39 Pa.B. 4871]
[Saturday, August 8, 2009]Public Meeting held
July 23, 2009Commissioners Present: James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Kim Pizzingrilli; Wayne E. Gardner; Robert F. Powelson
In re: Lightwave Communications, LLC;
Doc. Nos. A-311021, A-311021F0002
Tentative Order By the Commission:
Lightwave Communications, LLC (Lightwave) is a competitive local exchange carrier and a reseller of interexchange toll services certificated at A-311021 and A-311021F0002, respectively. On Lightwave's 2008 Annual Report filed on February 4, 2009, it was noted that Lightwave ceased doing business as of September 18, 2008. A follow up telephone call by Commission Staff to the phone number appearing on the report revealed that the report was filed by Broadview Networks, Inc. (Broadview). Staff subsequently learned in another call to an official with Broadview that Broadview purchased all of Lightwave's customers while Lightwave was in a Federal bankruptcy proceeding.
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 Lightwave's certificates of public convenience without the necessity of a formal complaint. For these reasons, we tentatively conclude that revocation of Lighwave's certificates 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 Lightwave seeks relief from this Tentative Order; Therefore,
It Is Ordered That:
1. Revocation of Lightwave Communications, LLC's certificates 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 certificates of public convenience held by Lightwave Communications, LLC at A-311021 and A-311021F0002 shall be canceled, and Lightwave Communications, LLC'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. 09-1443. Filed for public inspection August 7, 2009, 9:00 a.m.]
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