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PA Bulletin, Doc. No. 03-334


Tentative Order

[33 Pa.B. 1030]

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

Network Plus, Inc. (2002.0421); A-310097

Tentative Order

By the Commission:

   Network Plus, Inc. (Network Plus) has failed to pay its general assessment for 2002-2003 of $515 under section 510(c) of the Public Utility Code. 66 Pa.C.S. § 510(c). Network Plus is a competitive local exchange carrier and a telecommunications interexchange reseller certificated at A-310097. Network Plus's former legal counsel has advised Commission staff that Network Plus filed a Chapter 11 bankruptcy petition, sold its assets and is no longer in business. In addition, telephone calls to the last known business address of Network Plus 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 and because of Network Plus's failure to pay its general assessment for 2002-2003, we believe it is appropriate to revoke Network Plus's certificate of public convenience without the necessity of a formal complaint. Also, Network Plus currently has no NXX codes. For these reasons, we tentatively conclude that revocation of Network Plus'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 Network Plus seeks relief from this Tentative Order; Therefore,

It Is Ordered That:

   1.  Revocation of Network Plus, Inc.'s competitive local exchange and 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 Network Plus, Inc. at A-310097 shall be canceled, and Network Plus'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. 03-334. Filed for public inspection February 21, 2003, 9:00 a.m.]

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