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PA Bulletin, Doc. No. 09-1444

NOTICES

Tentative Order

[39 Pa.B. 4871]
[Saturday, August 8, 2009]

Public Meeting held
July 23, 2009

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

In re:  NexUSTel, LLC;
Doc. No. A-2008-2049492

Tentative Order

By the Commission:

   NexUSTel, LLC (NexUSTel) is a reseller of interexchange toll services certificated at A-3110243. By letter dated March 20, 2009, NexUSTel advised the Commission that it will not provide intrastate telecommunications services for the foreseeable future and that it wishes to abandon its certificate of public convenience. By letter dated April 17, 2009, Secretary McNulty directed NexUSTel to file an abandonment application and to remit the requisite $350 filing fee. More recently, Commission staff attempted unsuccessfully to contact by phone and e-mail NexUSTel about the status of its abandonment filing. Additionally, the telephone number the Commission has on file for NexUSTel 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 NexUSTel's certificate of public convenience without the necessity of a formal complaint. For these reasons, we tentatively conclude that revocation of NexUSTel'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 NexUSTel seeks relief from this Tentative Order; Therefore,

It Is Ordered That:

   1.  Revocation of NexUSTel, LLC'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 NexUSTel, LLC at A-3110243 shall be canceled, and NexUSTel, 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. 09-1444. Filed for public inspection August 7, 2009, 9:00 a.m.]


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