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
Optimum Global Communications
(2009 Assessment Report);
Doc. No. A-311060F0002Tentative Order By the Commission:
Optimum Global Communications (Optimum) 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.
Optimum is a telecommunications interexchange reseller certificated at A-311060F0002. Commission staff's several attempts to reach GTC by e-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last known business address of GTC confirmed that the number is disconnected and the e-mail address we have on file is no longer valid as well.
Additionally, in July 2005 by order entered at C-20044031, Optimum's certificate as a competitive local exchange carrier at A-311060 was revoked for failure to file its 2003 Annual Report. Subsequently, on June 4, 2007, Optimum filed an application to abandon or discontinue ''all telecommunications services in Pennsylvania'' at Docket No. A-311060F2000. However, by Secretarial Letter dated November 27, 2007, the application was returned to Optimum as well as its $350 filing fee, because it was ''determined that the Applicant's Certificate of Public Convenience was cancelled back in 2005 as a result of a Default Order for failure to file its Annual Report.''
Upon further review, it appears that a mistake was made in returning the abandonment application back to Optimum as the company still was certificated as an interexchange carrier and that it was seeking to abandon this certification.
Based on the above facts, we tentatively conclude that it is appropriate to revoke Optimum'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 Optimum seeks relief from this Tentative Order; Therefore,
It Is Ordered That:
1. Revocation of Optimum Global Communication'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 Optimum Global Communication at A-311060F0002 shall be canceled, and Optimum Global 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 Administrative Services.
ROSEMARY CHIAVETTA,
Secretary[Pa.B. Doc. No. 10-2090. Filed for public inspection October 29, 2010, 9:00 a.m.]
