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PA Bulletin, Doc. No. 09-1005



Rescission Order

[39 Pa.B. 2764]
[Saturday, May 30, 2009]

Public Meeting held
May 14, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Kim Pizzingrilli; Wayne E. Gardner; Robert F. Powelson

Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Airnex Communications, Inc. (2006 Annual Rpt); Doc. No. C-2008-2036566; A-310794

Rescission Order

   On March 12, 2009, the Commission entered a Default Order at this docket against Airnex Communications, Inc. (the ''Respondent''), a reseller of interexchange toll services certificated at A-310794, for failure to file its 2006 Annual Report. The Default Order was published in the Pennsylvania Bulletin on March 28, 2009, at 39 Pa.B. 1783. The Respondent, on April 17, 2009, submitted its 2006 Annual Report and a check in the amount of $250 payable to the Commonwealth of Pennsylvania to satisfy the late fee previously assessed against the Respondent for failure to file its 2006 Annual Report in a timely manner. The Respondent also filed a Petition to Overturn Default Order. In its petition, based upon its own internal investigation, the Respondent stated that the 2006 Annual Report was not filed due to transition of some State regulatory tasks, such as filing annual reports, to a third party administrator in early 2006. However, Airnex and the third party administrator failed to incorporate the procedure of filing the Pennsylvania annual reports as part of this process. In addition, the Respondent stated that on March 18, 2009, it asked the third party administrator to complete and submit the 2006 Annual Report. On April 16, 2009, when it discovered nothing had happened, Airnex took over the filing of the Annual Report, discharged its third party administrator, and revised the reporting requirements to ensure that all reports are routed to the proper Airnex personnel for timely response in the future; Therefore,

It Is Ordered That:

   1.  The Default Order entered March 12, 2009, is hereby rescinded.

   2.  The Secretary serve a copy of this Rescission 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 Rescission Order be published in the Pennsylvania Bulletin.


[Pa.B. Doc. No. 09-1005. Filed for public inspection May 29, 2009, 9:00 a.m.]

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