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
GTC Telecom Inc.
(2009 Assessment Report);
Doc. No. A-310810Tentative Order By the Commission:
GTC Telecom Inc. (GTC) 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.
GTC is a telecommunications interexchange reseller certificated at A-310810. Commission staff's several attempts to reach GTC by mail and phone to file the missing report have been unsuccessful. Telephone calls to the last known business address of GTC confirmed that the number is disconnected and no information is available for any new phone numbers.
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 GTC'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 GTC seeks relief from this Tentative Order; Therefore,
It Is Ordered That:
1. Revocation of GTC 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. 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 GTC Telecom Inc. at A-310810 shall be canceled, and GTC 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.
ROSEMARY CHIAVETTA,
Secretary[Pa.B. Doc. No. 10-2088. Filed for public inspection October 29, 2010, 9:00 a.m.]
