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PA Bulletin, Doc. No. 14-218

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

RNK, Inc. d/b/a RNK Pennsylvania, Inc.

[44 Pa.B. 561]
[Saturday, January 25, 2014]

Public Meeting held
January 9, 2014

Commissioners Present: Robert F. Powelson, Chairperson; John F. Coleman, Jr., Vice Chairperson; James H. Cawley; Pamela A. Witmer; Gladys M. Brown

RNK, Inc. d/b/a RNK Pennsylvania, Inc.; A-311449; A-311449F0002; A-311449F0003

Tentative Order

By the Commission:

 RNK, Inc. d/b/a RNK Pennsylvania, Inc. (RNK or the Company), whose utility code is 311449, is a facilities-based interexchange reseller, a competitive local exchange carrier, and a competitive access provider certificated at A-311449, A-311449F0002, and A-311449F0003, respectively, on August 30, 2007.

 RNK is delinquent in filing its 2011 annual report as required by 66 Pa.C.S. § 504 and our regulations at 52 Pa. Code § 63.36. However, on February 17, 2012, RNK, its parent Wave2Wave, and its affiliates filed for chapter 11 bankruptcy protection in the New Jersey federal courts. In August 2012, the bankruptcy court approved sale procedures that allowed RNK to enter into an Asset Purchase Agreement with Signal Point Corporation (Signal), a New York corporation, which would transfer all the assets and telecommunications licenses of RNK to Signal. The transfers were contingent upon regulatory approval. On September 27, 2012, the bankruptcy court approved the sale and the Asset Purchase Agreement closed on September 28, 2012.

 Thereafter, on November 14, 2012, RNK and Signal filed an application with the Commission pursuant to 52 Pa. Code § 63.324 seeking approval to allow RNK and Signal to consummate the transfer of RNK's licenses and assets to Signal. Signal is not jurisdictional to the Commission. After this filing with the Commission, no further filings were made pursuant to this application, and the matter was left pending.

 Thereafter, Commission staff mailed its 2013 annual assessment to RNK in September 2013, and it was later returned by Signal with notations that RNK is no longer in business following conversion of its chapter 11 bankruptcy proceeding to a chapter 7 proceeding on September 28, 2012. In a follow up call by Commission staff on November 8, 2013, with counsel representing Signal, the attorney advised that the transfer of assets was later cancelled and RNK's customers ultimately went to a different carrier. The attorney confirmed that RNK is no longer in business.

 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. Currently, while RNK has been assigned telephone number resources, Nuestar is working on finding new NXX Code/block holders for the numbering resources that it has not yet reclaimed. Based on the above facts, we tentatively conclude that it is appropriate to revoke RNK's certificates of public convenience without the necessity of a formal complaint as being in the public interest; Therefore,

 It Is Ordered That:

 1. Revocation of RNK, Inc. d/b/a RNK Pennsylvania, Inc.'s certificates of public convenience are 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 Bureau of Investigation & Enforcement, and also cause a copy of this Tentative Order to be published in the Pennsylvania Bulletin with a 30-day comment period.

 3. Absent the filing of adverse public comment within 30 days after publication in the Pennsylvania Bulletin, the Bureau of Technical Utility Services shall prepare a Final Order for entry by the Secretary and shall advise the affected Bureaus within the Commission in writing that the certificates of public convenience held by RNK, Inc. d/b/a RNK Pennsylvania, Inc., utility code A-311449, are cancelled and the case may be closed.

 4. Upon entry of the Final Order described in ordering Paragraph No. 3 above, RNK, Inc. d/b/a RNK Pennsylvania, Inc.'s name will be stricken from all active utility lists maintained by the Commission's Bureau of Technical Utility Services and the Assessment Section of the Bureau of Administration.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 14-218. Filed for public inspection January 24, 2014, 9:00 a.m.]


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