Rescission Order Statement [33 Pa.B. 241] LBPS Public Meeting December 5, 2002 v. DEC-2002-L-0111 Global Crossing Telemanagement, Inc. Docket No. C-20027736 LBPS Public Meeting December 5, 2002 v. DEC-2002-L-0113 Intelcom, Inc. Docket No. C-20027764 Statement of Commissioner Aaron Wilson, Jr. We are reinstating these Competitive Local Exchange Carrier's (CLECs) Certificate of Public Convenience only after the Commission initiated a prosecution and suspension of the carriers' operating authority for failure to submit their 2000 and 2001 Annual Reports. The prosecutorial staff recommends against a penalty based on the importance of maintaining a competitive telecommunications market.
These recommendations, however, stand in marked contrast to our practice in the Transportation Industry. In the transportation industry, Formal Complaints and Orders that are issued when a carrier violates our regulations, whether it ranges from their insurance agent's failure to submit the carrier's evidence of insurance to violations involving dress codes or unkempt vehicles, routinely contain language advising the carrier of the violation and the possibility of other action--including a penalty.
Moreover, transportation industry infractions, such as the failure to pay an assessment, a penalty, or submit reports to the Commission, are grounds for permanent revocation or denial of operating authority in the Commonwealth. There is not much consideration given to the importance of competition, the continued delivery of services, or whether a penalty is better than permanent revocation of a carrier's operating authority in some transportation cases. Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. McGarrity Moving Company, Docket No. C-00104394 (Order adopted March 28, 2002); Lady Liberty Transportation, Inc. Docket Nos. A-00107959, et al. (Order adopted August 29, 2002).
This Commission needs a consistent approach, including language advising service providers of the consequences of violating our regulations, regardless of the utility industry involved, prior to imposing or revoking a utility's authority.
If a penalty is appropriate for transportation, it is equally appropriate for telecommunications.
AARON WILSON, Jr.,
Commissioner[Pa.B. Doc. No. 03-71. Filed for public inspection January 10, 2003, 9:00 a.m.]
