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PA Bulletin, Doc. No. 03-335


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

PDS, Inc. (2002.0421); A-310876

Tentative Order

By the Commission:

   PDS, Inc. (PDS) has failed to pay its general assessment for 2002-2003 of $62 under section 510(c) of the Public Utility Code. 66 Pa.C.S. § 510(c). PDS is a telecommunications interexchange reseller certificated at A-310876. PDS has advised the Secretary's Bureau that as of December 31, 2001, it no longer does any business in Pennsylvania and objects to the payment of its general assessment for 2002-2003.

   By letter dated October 22, 2002, from the Commission's Assessment Section of the Bureau of Administrative Services, PDS was advised of the process to cancel its certificate of public convenience. To date, PDS has taken no formal action to abandon its certificate under the instructions provided by the Assessment Section. 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 written representations by PDS, we believe it is appropriate to revoke PDS's certificate of public convenience without the necessity of a formal complaint. For this reason and because of PDS's failure to pay its general assessment for 2002-2003, we tentatively conclude that revocation of PDS'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 PDS seeks relief from this Tentative Order; Therefore,

It Is Ordered That:

   1.  Revocation of PDS, Inc.'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 PDS, Inc. at A-310876 shall be canceled, and PDS'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. 03-335. Filed for public inspection February 21, 2003, 9:00 a.m.]

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