Rescission Order [35 Pa.B. 6299] Public Meeting held
October 27, 2005Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick
Law Bureau Prosecutory Staff v. McGraw Communications, Inc. (2004.0267); Doc. No. C-20044043 McGraw Communications, Inc.
Petition to Rescind; Doc. No. A-311160Rescission Order By the Commission:
On December 14, 2004, Law Bureau Prosecutory Staff filed a Formal Complaint against McGraw Communications, Inc. (Respondent), a non-facilities based reseller of toll service carrier certificated at A-311160, for failure to file its 2003 Annual Report. Subsequently, on July 22, 2005, the Commission entered a Default Order that sustained the complaint and cancelled Respondent's certificate. Notice of the Default Order was published August 6, 2005, at 35 Pa.B. 4529.
On August 10, 2005, Staff communications with Respondent revealed that the Commission sent the annual report notices and the Complaint to an incorrect address. On September 7, 2005, subsequent to the entry of the Default Order, Respondent filed its 2003 and 2004 Annual Reports along with a request to have the Default Order rescinded. The 2003 Annual Report was deemed incomplete because the balance sheet was missing. Respondent was then informed that the balance sheet had to be filed in order to satisfy the Complaint.
On September 14, 2005, Respondent filed its balance sheet thereby fulfilling its 2003 Annual report Requirement. In its request for rescission, Respondent noted that it never received the letters notifying it of its filing obligations or of the Complaint because they were sent to the wrong address. Commission records reveal that a typo existed in the data base that caused the notices and the Complaint to be sent to the incorrect address. The notices and Complaint were sent to 128 E. 45th Street, New York, NY 10017, when the documents should have been sent to 228 E. 45th Street. Because of the mix-up, Respondent was unaware that its 2003 Annual Report was delinquent. Respondent became aware of the delinquency upon entry of the Default Order.
A review of Commission records reveal that no other complaints have been instituted against McGraw since the issuance of its certificate in 2002. Based upon the fact that Commission sent correspondence to McGraw at an incorrect address, we see no public benefit by imposing a late-filing fee upon McGraw as a condition of reinstatement.
Because Respondent has now filed its delinquent Annual Report, we will grant Respondent's request for rescission. However, we caution Respondent that all future Annual Reports must be timely filed and all Commission correspondence must be answered in a timely manner. The Commission hereby puts McGraw Communications, Inc. and the rest of 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; Therefore,
It Is Ordered That:
1. The Default Order entered July 22, 2005 at this docket against McGraw Communications, Inc. is hereby rescinded.
2. A copy of this order be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 05-2106. Filed for public inspection November 11, 2005, 9:00 a.m.]
