Tentative Order [40 Pa.B. 6373]
[Saturday, October 30, 2010]Public Meeting held
October 14, 2010Commissioners Present: James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; John F. Coleman, Jr.; Wayne E. Gardner; Robert F. Powelson
Andiamo Telecom, LLC
(2009 Assessment Report);
Doc. No. A-311377Tentative Order By the Commission:
Andiamo Telecom, LLC (Andiamo) has failed to file its 2009 Assessment Report pursuant to section 510(b) of the Public Utility Code. 66 Pa.C.S. § 510(b). Specifically, 66 Pa.C.S. § 510(b) provides that:
On or before March 31 of each year, every public utility shall file with the commission a statement under oath showing its gross intrastate operating revenues for the preceding calendar year.
Adiamo is a telecommunications interexchange reseller certificated at A-311377. Commission staff's several attempts to reach Adiamo by mail and phone to file the missing report have been unsuccessful. However, staff was able to reach the company's former attorney, and he advised that Adiamo is out of business, effective March 31, 2010.
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 facts, we tentatively conclude that it is appropriate to revoke Adiamo 's certificate of public convenience without the necessity of a formal complaint as being 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 Adiamo seeks relief from this Tentative Order; Therefore,
It Is Ordered That:
1. Revocation of Andiamo Telecom, LLC'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. The absence 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 Andiamo Telecom, LLC at A-311377 shall be canceled, and Andiamo Telecom, LLC'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.
ROSEMARY CHIAVETTA,
Secretary[Pa.B. Doc. No. 10-2087. Filed for public inspection October 29, 2010, 9:00 a.m.]
