Pennsylvania Code & Bulletin

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 03-71


Rescission Order Statement

[33 Pa.B. 241]

LBPS Public Meeting December 5, 2002
v. DEC-2002-L-0111
Global Crossing Telemanagement, Inc. Docket No. C-20027736
LBPS Public Meeting December 5, 2002
v. DEC-2002-L-0113
Intelcom, Inc. Docket No. C-20027764

Statement of Commissioner Aaron Wilson, Jr.

   We are reinstating these Competitive Local Exchange Carrier's (CLECs) Certificate of Public Convenience only after the Commission initiated a prosecution and suspension of the carriers' operating authority for failure to submit their 2000 and 2001 Annual Reports. The prosecutorial staff recommends against a penalty based on the importance of maintaining a competitive telecommunications market.

   These recommendations, however, stand in marked contrast to our practice in the Transportation Industry. In the transportation industry, Formal Complaints and Orders that are issued when a carrier violates our regulations, whether it ranges from their insurance agent's failure to submit the carrier's evidence of insurance to violations involving dress codes or unkempt vehicles, routinely contain language advising the carrier of the violation and the possibility of other action--including a penalty.

   Moreover, transportation industry infractions, such as the failure to pay an assessment, a penalty, or submit reports to the Commission, are grounds for permanent revocation or denial of operating authority in the Commonwealth. There is not much consideration given to the importance of competition, the continued delivery of services, or whether a penalty is better than permanent revocation of a carrier's operating authority in some transportation cases. Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. McGarrity Moving Company, Docket No. C-00104394 (Order adopted March 28, 2002); Lady Liberty Transportation, Inc. Docket Nos. A-00107959, et al. (Order adopted August 29, 2002).

   This Commission needs a consistent approach, including language advising service providers of the consequences of violating our regulations, regardless of the utility industry involved, prior to imposing or revoking a utility's authority.

   If a penalty is appropriate for transportation, it is equally appropriate for telecommunications.


[Pa.B. Doc. No. 03-71. Filed for public inspection January 10, 2003, 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.