Tenative Order [41 Pa.B. 5466]
[Saturday, October 8, 2011]Public Meeting held
September 22, 2011Commissioners Present: Robert F. Powelson, Chairperson; John F. Coleman, Jr., Vice Chairperson; Wayne E. Gardner; James H. Cawley; Pamela A. Witmer
Closecall America, Inc. (2010 TRS Access
Line Report); A-311365Tentative Order By the Commission:
Closecall America, Inc. (Closecall) has failed to file its 2010 Telecommunications Relay Service Annual Access Line Summary Report Assessment Report (TRS Report) pursuant to section 504 of the Public Utility Code. 66 Pa.C.S. § 504. Specifically, 66 Pa.C.S. § 504 provides that:
The commission may require any public utility to file periodical reports, at such times, and in such form, and of such content, as the commission may prescribe, and special reports concerning any matter whatsoever about which the commission is authorized to inquire, or to keep itself informed, or which it is required to enforce.
Closecall is a competitive local exchange carrier certificated at A-311365. Commission staff's several attempts to reach Closecall by mail, phone and e-mail to file the missing report have been unsuccessful. Moreover, in its investigation staff learned that Birch Communications Inc. acquired all of Closecall's Pennsylvania assets, including its customer base, which acquisition was approved by Secretarial Letter dated December 6, 2010, at Docket Nos. A-2010-2201664, A-2010-2201668, and A-2010-2201669. Staff was also advised by counsel for Birch Communications that Closecall has gone out of business and they do not have any current contact information for Closecall.
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 Closecall'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 Closecall seeks relief from this Tentative Order; Therefore,
It Is Ordered That:
1. Revocation of Closecall America, 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 Bureau of Investigation and Enforcement, and also cause a copy of this Tentative Order to be published in the Pennsylvania Bulletin with a 30-day comment period.
3. Absent 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 Closecall America, Inc. at A-311365 shall be canceled, and Asia Talk Telecom, Inc.s name stricken from all active utility lists maintained by the Commission's Bureau of Technical Utility Services and the Assessment Section of the Bureau of Administrative Services.
ROSEMARY CHIAVETTA,
Secretary[Pa.B. Doc. No. 11-1754. Filed for public inspection October 7, 2011, 9:00 a.m.]
