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PA Bulletin, Doc. No. 03-333


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

Incomnet Communications Corp. (2002.0421); A-310235

Tentative Order

By the Commission:

   Incomnet Communications Corp. (Incomnet) has failed to pay its general assessment for 2002-2003 of $108 under section 510(c) of the Public Utility Code. 66 Pa.C.S. § 510(c). Incomnet is a telecommunications interexchange reseller certificated at A-310235. Incomnet's former legal counsel has advised Commission Staff that Incomnet is no longer in business and that it has sold all of its assets. In addition, telephone calls to the last known business address of Incomnet confirmed that the numbers are 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 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 Incomnet's certificate of public convenience without the necessity of first filing a formal complaint. For these reasons and because of Incomnet's failure to pay its general assessment for 2002-2003, we tentatively conclude that revocation of Incomnet'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 Incomnet seeks relief from this Tentative Order; Therefore,

It Is Ordered That:

   1.  Revocation of Incomnet Communications Corp.'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 Incomnet Communications Corp. at A-310235 shall be canceled, and Incomnet'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 and the Assessment Section of the Bureau of Audits.


[Pa.B. Doc. No. 03-333. Filed for public inspection February 21, 2003, 9:00 a.m.]

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