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PA Bulletin, Doc. No. 03-332


Tentative Order

[33 Pa.B. 1029]

Public Meeting held
February 6, 2003

Commissioners Present:  Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick; Kim Pizzingrilli

Cardinal Communications of PA (2002.0421); A-310886

Tentative Order

By the Commission:

   Cardinal Communications of Pennsylvania (Cardinal) has failed to pay its $218 general assessment for 2002-2003 under section 510(c) of the Public Utility Code. 66 Pa.C.S. § 510(c). Cardinal is a telecommunications interexchange reseller certificated at A-310886. Commission staff sent by certified mail a notice to Cardinal that its 2002-2003 annual assessment was overdue. The notice came back as refused and an earlier attempt to mail the invoice to a different address the Commission had for Cardinal was returned as nondeliverable. Telephone calls to the last known business address of Cardinal also confirmed that the number is disconnected and no information is available for any new phone numbers. At this point, there is no reasonable means to reach Cardinal, and it has failed in its responsibility to pay its annual general assessment and in its responsibility to notify the Commission of any address or phone number changes.

   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 another remedy as the Commission may deem appropriate. 66 Pa.C.S. §§ 504, 505, 506 and 3301. Based on the previous, we believe it is appropriate to revoke Cardinal's certificate of public convenience without the necessity of a formal complaint, and we tentatively conclude that revocation of Cardinal's certificate of public convenience under 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 Cardinal seeks relief from this Tentative Order; Therefore,

It Is Ordered That:

   1.  Revocation of Cardinal Communications of Pennsylvania's interexchange reseller 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 20-day comment period.

   3.  Absent 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 Cardinal Communications of Pennsylvania at A-310886 shall be canceled and Cardinal Communications' name stricken from all active utility lists maintained by the Tariff and Annual Report Section of the Commission's Bureau of Fixed Utility Services and the Assessment Section of the Bureau of Audits.


[Pa.B. Doc. No. 03-332. Filed for public inspection February 21, 2003, 9:00 a.m.]

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