Tentative Order [34 Pa.B. 662] Public Meeting held
January 16, 2004Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli; Wendell F. Holland
In re: Webnet Communications, Inc. (2003.0333); A-310858 Tentative Order By the Commission:
Webnet Communications, Inc. (Webnet) has failed to pay its $40 annual assessment for 2003-2004 under section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c). Webnet is a telecommunications interexchange reseller certificated at A-310858. Commission staff sent by certified mail a notice to Webnet that its 2003-2004 annual assessment was overdue. The notice came back as unclaimed, return to sender. Telephone calls to the last known business address of Webnet confirmed that the number is disconnected and no information is available for any new phone number. At this point, there is no reasonable means to reach the company, and it has failed in its responsibility to notify the Commission of any address or phone number changes.
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 imposition of any remedies as the Commission may deem appropriate. 66 Pa.C.S. §§ 504, 505, 506 and 3301. Based on the findings of the Commission staff, we believe it is appropriate to revoke Webnet's certificate of public convenience without the necessity of a formal complaint, and we tentatively conclude that revocation of Webnet's certificate of public convenience under 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, instead of cancellation, if Webnet seeks relief from this Tentative Order; Therefore,
It Is Ordered That:
1. Revocation of Webnet Communications, 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 Webnet Communications, Inc. at A-310858 shall be canceled and Webnet Communication'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 Audits.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 04-207. Filed for public inspection January 30, 2004, 9:00 a.m.]
