Tentative Order [36 Pa.B. 456] Public Meeting held
December 15, 2005Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick
Radiant Telecom Inc. (2005.0313); A-311129 Tentative Order By the Commission:
Radiant Telecom Inc. (''Radiant'') has failed to pay its $24 general assessment for 2005-2006 pursuant to section 510(c) of the Public Utility Code. 66 Pa.C.S. § 510(c). Radiant is a telecommunications interexchange reseller certificated at A-311129, whose certificate of public convenience was issued on September 26, 2001. On or aboutAugust 17, 2005, Commission staff sent an invoice to Radiant notifying it that its 2005-2006 annual assess-ment was due. The Commission has not received payment for this invoice. Commission staff attempted to reach Radiant and found a website for Radiant with a telephone listing. However, when staff called this telephone number, staff was advised by an attorney at this phone number that the attorney's current employer, another telephone company, spun off Radiant three years ago, and that he understands Radiant has since gone out of business. He had no other information about Radiant.
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, 505, 506, and 3301. Based on the above and because of Radiant's failure to pay its general assessment for 2005-2006, we believe it is appropriate to revoke Radiant's certificate of public convenience without the necessity of a formal complaint, and we tentatively conclude that revocation of Radiant's certificate of public convenience pursuant to 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 Radiant seeks relief from this Tentative Order; Therefore,
It Is Ordered That:
1. Revocation of Radiant Telecom Inc.'s 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 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 Radiant Telecom Inc. at A-311129 shall be canceled, and Radiant Telecom Inc.'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.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 06-164. Filed for public inspection January 27, 2006, 9:00 a.m.]
