PENNSYLVANIA PUBLIC UTILITY COMMISSION Default Order [34 Pa.B. 5729] Public Meeting held
September 30, 2004Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli; Wendell F. Holland
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Promise--Net Intl., Inc. (2003.0264.00); C-20031940; A-310789
Default Order By the Commission:
On October 17, 2003, Law Bureau Prosecutory Staff filed a Complaint against Promise--Net Intl., Inc. (Respondent), an interexchange reseller certificated at A-310789. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail a notice to the Respondent that its 2002 Annual Report was overdue. The Complaint charged that the Respondent's failure to file its 2002 Annual Report violated 66 Pa.C.S. § 504. The Complaint sought an order from the Commission canceling the Respondent's certificate of public convenience for failure to file its 2002 Annual Report.
The Complaint was mailed by the Secretary's Bureau to Respondent's last known business address, but proof of service has not been confirmed because the Commission has on file no record of a return receipt. To date, no answer has been filed to the Complaint, and the 2002 Annual Report has never been filed. In addition, we are not aware that Respondent has any current customers in Pennsylvania, and Respondent was never assigned any NXX codes.
Since filing the Complaint, an Assessment Report form seeking a statement of operating revenues for the calendar year 2003 for use in calculating the General Assessment was sent by first class mail on February 23, 2004, to Respondent at its last known business address, and was returned as undeliverable. Telephone calls to the last known telephone number for Respondent were answered by a nonjurisdictional ''800'' service provider operating in the same building under a different name. A knowledgeable source with this other provider advised that Respondent is no longer in business. At this point, there is no reasonable means to reach the Respondent, and it has failed in its responsibility to notify the Commission of any address or telephone number changes.
Based on Respondent's failure to file its 2002 Annual Report and its failure to file the Assessment Report for 2003, and upon our inability to serve the Complaint and other documents upon Respondent, we conclude that revocation of Respondent's certificate of public convenience is in the public interest. 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. Furthermore, we may take other appropriate action, including the imposition of penalties under section 3301, in lieu of cancellation, if Respondent seeks relief from this Default Order; Therefore,
It Is Ordered That:
1. The allegations in the Law Bureau Prosecutory Staff's Complaint are deemed admitted and the Complaint is thereby sustained.
2. The Secretary serve a copy of this Default Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff and the Attorney General's Bureau of Consumer Protection, and also cause a copy of this Default Order to be published in the Pennsylvania Bulletin with a 30-day comment period.
3. Absent the filing of adverse public comment, 30 days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate of public convenience held by Promise--Net Intl. Inc. at A-310789 shall be revoked, and the company's name stricken from all active utility lists maintained by the Tariff and Annual Report Section of 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. 04-1906. Filed for public inspection October 15, 2004, 9:00 a.m.]
