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PA Bulletin, Doc. No. 07-876

NOTICES

Tentative Order

[37 Pa.B. 2279]
[Saturday, May 12, 2007]

Public Meeting held
April 24, 2007

Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Kim Pizzingrilli; Terrance J. Fitzpatrick

In re: W2COM International, LLC (2007.0014); A-310902

   Joint application of First Choice Technology, Inc. (First Choice), Reduced Rate Long Distance, LLC (RRLD), and W2Com International, LLC (W2Com) for approval of an Asset Purchase Agreement whereby First Choice will acquire substantially all of the assets of W2Com and will assign those assets to RRLD and W2Com will abandon its certificate of public convenience, A-311092F0004 and A-310902F2000.

Tentative Order

By the Commission:

   W2COM International, LLC (W2COM) has failed to pay its $39 general assessment for 2006-2007 under section 510(c) of the Public Utility Code. 66 Pa.C.S. § 510(c). W2COM is a telecommunications interexchange reseller certificated at A-310902, whose certificate of public convenience was issued on April 13, 2000. On or about August 21, 2006, Commission staff sent an invoice to W2COM notifying it that its 2006-2007 annual assessment was due. The Commission has not received payment for this invoice nor has it received an annual report for 2005. Commission staff has attempted to reach W2COM, but staff's efforts have been unsuccessful. Further, according to an internet news source, several different state public utility commissions have reported that W2COM may be out of business and that W2COM's authority has been revoked in some other states.

   W2COM is also a party in two Chapter 11 filings at Docket Nos. A-311092F0004 and A-310902F2000 involving a proposed transfer of W2COM's assets to First Choice Technology, Inc. (FCT) and subsequent assignment of those assets to Reduced Rate Long Distance, LLC. W2COM proposed to abandon service at that time. FCT was granted provisional authority to operate as an IXC reseller by Commission Order entered August 12, 2005; however, on February 23, 2006, FCT's provisional authority was rescinded due to noncompliance with the Commission order to file a tariff. The filings have been dormant with no response from the parties' counsel since June 2006, but it is apparent from the filings that W2COM intended to abandon service in Pennsylvania.

   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 such other remedy as the Commission may deem appropriate. 66 Pa.C.S. §§ 504--506, and 3301. Based on the previous and because of W2COM's failure to pay its annual assessment for 2006-2007 and file an annual report for 2005, we believe it is appropriate to revoke W2COM's certificate of public convenience without the necessity of a formal complaint, and we tentatively conclude that revocation of W2COM's certificate of public convenience 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 W2COM seeks relief from this Tentative Order; Therefore,

It Is Ordered That:

   1.  Revocation of W2COM International, LLC's certificate of public convenience is hereby approved as being in the public interest.

   2.  The Secretary serve a copy of this Tentative Order upon W2COM International, LLC, the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, the Pennsylvania Emergency Management Agency and the Department of Revenue, Bureau of Corporation Taxes, and also cause a copy of this Tentative Order to be published in the Pennsylvania Bulletin with a 30-day comment period.

   3.  Absent the filing of adverse public comment within 30 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 W2COM International, LLC at A-310902 shall be canceled, and W2COM International, LLC's name stricken from all active utility lists maintained by the Commission's Bureau of Fixed Utility Services and the Assessment Section of the Bureau of Administrative Services.

   5.  Upon this order becoming final, and without further action by the Commission, dockets A-310902F2000 and A-311092F0004 shall be marked closed.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 07-876. Filed for public inspection May 11, 2007, 9:00 a.m.]



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