PENNSYLVANIA PUBLIC UTILITY COMMISSION Rescission Order [33 Pa.B. 240] Public Meeting held
December 5, 2002Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr., statement follows; Terrance J. Fitzpatrick; Kim Pizzingrilli
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Global Crossing Telemanagement, Inc.; A-310670 (2001.0352); Doc. No. C-20027736
Rescission Order By the Commission:
On May 23, 2002, Law Bureau Prosecutory Staff filed a Formal Complaint against Global Crossing Telemanagement, Inc. (the Respondent), an IXC reseller certificated at A-310670, for failure to file its 2000 Annual Report. Subsequently, on October 29, 2002, the Commission entered a Default Order that sustained the complaint and cancelled Respondent's certificate of public convenience. The notice of the Default Order was published at 32 Pa.B 5596 (November 9, 2002). The Formal Complaint and Default Order inadvertently stated that Respondent is an IXC reseller. Respondent is actually a CLEC reseller.
Subsequent to the issuance of the Default Order, on November 5, 2002, Respondent filed its outstanding annual report and requested reinstatement of its certificate. Respondent states that in response to the Complaint, it mailed its 2000 Annual Report on June 26, 2002. Respondent thought it was in compliance with our reporting requirements until it received the October 29, 2002, default order. Upon receiving the default order, Respondent states that the issue was due to a misunderstanding of which annual report needed to be filed.
Respondent notes that the default order and our previous letters were mailed to 180 S. Clinton Avenue, Rochester, NY 14646-0700, while its current address is 1080 Pittsford Victor Road, Pittsford, NY 14534. Respondent states that it notified the Commission of its address change in April of 2002. Commission records show that by letter dated April 22, 2002, and received by the Commission on April 25, 2002, Respondent did in fact notify the Commission of its new address and telephone numbers. Commission records also show that no other complaints have been filed against Respondent.
In recognition of the importance of promoting the availability of viable competitive service providers, we will rescind the Default Order and reinstate Respondent's certificate of public convenience. If Respondent again fails to timely file its annual report, we may not be so favorably disposed, and may require Respondent file a new application along with the applicable $350 application fee; Therefore,
It Is Ordered That:
1. The Default Order entered October 29, 2002, at this docket is hereby rescinded.
2. The certificate of public convenience held by Global Crossing Telemanagement, Inc. at Docket No. A-310670 is hereby reinstated.
3. A copy of this order be published in the Pennsylvania Bulletin.
4. The Secretary change the Commission's official records to reflect Respondent's current address at 1080 Pittsford Victor Road, Pittsford, NY 14534. The list for current contact information is found at A-310670 document folder vol.# 0004.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 03-69. Filed for public inspection January 10, 2003, 9:00 a.m.]
