NOTICES
Tentative Order
[39 Pa.B. 1082]
[Saturday, February 21, 2009]Public Meeting held
December 18, 2008Commissioners Present: James H. Cawley, Chairperson; Tyrone J. Christy, Vice-Chairperson; Robert F. Powelson, Commissioner; Kim Pizzingrilli, Commissioner; Wayne E. Gardner, Commissioner
Pennsylvania Public Utility Commission; Law Bureau Prosecutory Staff v. Preferred Carrier Services, Inc. (2006 Annual Rpt & TRS Rpts); Doc. No. A-310403F002; C-200802036563
Tentative Order By the Commission:
On March 26, 2008, the Law Bureau Prosecutory Staff filed a Formal Complaint against Preferred Carrier Services, Inc. (the Respondent), a competitive local exchange carrier certificated at A-310403F002. 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, Telecommunications Relay Service (''TRS'') Annual Access Line Summary Report and Telecommunications Relay Service Annual Tracking Report (hereinafter collectively referred to as ''Annual Report'' and ''TRS Reports'') were due. The Complaint charged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2006 Annual Report and TRS Reports. 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 and TRS Reports.
According to the U.S. Postal Service return receipt, the Complaint was not served because they moved and left forwarding no address. To date, more than 20 days later, they moved and left no forwarding adress. been filed to the Complaint and the 2006 Annual Report and TRS Reports have not been filed. The Commission used the address provided by the company. However, the company has failed in its responsibility to notify the Commission of any address or phone number changes so there was no reasonable means for serving the complaint with the expectation that the company would receive it and thereafter file a response. 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 its 2006 Annual Report and upon our inability to serve the Complaint, we conclude that revocation of Preferred Carrier Services, 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 Tentative Order; Therefore,
It Is Ordered That:
1. The allegations in the Law Bureau Prosecutory Staff's Complaint are deemed admitted and the Complaint is thereby sustained.
2. The Secretary serve a copy of this Tentative 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 Tentative Order to be published in the Pennsylvania Bulletin with a 20-day comment period.
3. In the absence of the filing of adverse public comment within 20 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 Preferred Carrier Services, Inc. at A-310403F0002 will be cancelled by the Secretary's Bureau and Preferred Carrier Services, Inc.'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, TRS Reports Section of the 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. 09-348. Filed for public inspection February 20, 2009, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
