Default Order [30 Pa.B. 6508] Public Meeting held
November 29, 2000Commissioners Present: Robert K. Bloom, Vice Chairperson; Nora Mead Brownell; Aaron Wilson, Jr.; Terrance J. Fitzpatrick
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Brittan Communications International; Doc. No. C-00004251; A-310392
Default Order By the Commission:
On September 26, 2000, Law Bureau Prosecutory Staff instituted a complaint against Brittan Communications International (the Respondent), an interexchange (IXC) reseller certificated at A-310392. In the complaint, Prosecutory Staff alleged that the Commission sent by certified mail a notice to the Respondent that its monthly Universal Service Fund assessments were overdue by three or more months. According to the postal return receipt, service of the notice was perfected, however, the Respondent failed to respond to this notice. The complaint charged that the Respondent violated the Commission's order entered on February 4, 2000, at Docket No. L-00000148 (Rulemaking Re Establishing Universal Service Fund Regulations at 52 Pa. Code §§ 63.141--63.1502) by not paying the monthly assessments.
The complaint sought an order from the Commission canceling the Respondent's certificate of public convenience for failure to pay its assessment and accrued late charges. The complaint was mailed via certified mail by the Secretary's Bureau on September 27, 2000, to the same address as the notice but was subsequently returned unclaimed. Thereafter, on October 18, 2000, the Secretary's Bureau re-sent the complaint to the same address by regular first-class mail. To date, more than 20 days later, no answer has been filed to the complaint and the assessments have still not been paid; Therefore,
It is Ordered That:
1. The allegations in Law Bureau Prosecutory Staff's complaint are deemed admitted and the complaint is thereby sustained.
2. The Secretary serve a copy of this Order upon all jurisdictional telecommunication carriers, the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, and the Attorney General's Bureau of Consumer Protection, and also cause a copy of this Order to be published in the Pennsylvania Bulletin with a 20-day comment period.
3. Brittan Communications International immediately cease providing service to any new customers and, within 10 days of the entry of this Order, provide a written notice to each existing customer directing each to select an alternative IXC service provider within 30 days of the date of the notice. Such notice must include a statement of the Commission's intent to cancel the company's certificate of public convenience absent public comment within the 20-day time period established pursuant to Ordering Paragraph No. 2, above.
4. That absent the filing of adverse public comment, 30 days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate of public convenience held by Brittan Communications International at Docket No. A-310392 shall be canceled, and the company's name stricken from all active utility lists maintained by the Tariff and Annual Report Section of the Commission's Bureau of Fixed Utility Services and the Assessment Section of the Bureau of Audits.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 00-2182. Filed for public inspection December 15, 2000, 9:00 a.m.]
