Tentative Order [40 Pa.B. 6374]
[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
Harriscom, Inc., d/b/a Capital City
Economic Development
(2009 TRS Access Line Report);
Doc. No. A-311276, A-311276F0002Tentative Order By the Commission:
Harriscom, Inc., d/b/a Capital City Economic Development (Capital City) has failed to file its 2009 Telecommunications Relay Service Annual Access Line Summary Report pursuant to section 504 of the Public Utility Code. 66 Pa.C.S. § 504.
Capital City is a telecommunications interexchange reseller and a competitive local exchange carrier certificated at A-311276 and A-311276F0002, respectively. Commission staff's several attempts to reach Capital City 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 Capital City is out of business and that their certificates can be revoked. Also, Capital City currently has no NXX codes.
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 Capital City'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 Capital City seeks relief from this Tentative Order; Therefore,
It Is Ordered That:
1. Revocation of Harriscom, Inc., d/b/a Capital City Economic Development'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 certificates of public convenience held by Harriscom, Inc., d/b/a Capital City Economic Development at A-311276 and A-311276F0002 shall be canceled, and Harriscom, Inc., d/b/a Capital City Economic Development'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. 10-2089. Filed for public inspection October 29, 2010, 9:00 a.m.]