PENNSYLVANIA PUBLIC UTILITY COMMISSION Default Order [38 Pa.B. 963]
[Saturday, February 16, 2008]Public Meeting held
January 24, 2008Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Tyrone J. Christy; Kim Pizzingrilli
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Winstar of Pennsylvania, LLC (2003.0034.00); C-20078215; A-311171 Default Order By the Commission:
On September 6, 2007, the Law Bureau Prosecutory Staff (Prosecutory Staff) filed a formal complaint against Winstar of Pennsylvania, LLC (Winstar or Respondent) at Docket No. C-20078215. Respondent was issued a certificate of public convenience by the Commission on April 1, 2002 to operate in Pennsylvania as a facilities based interexchange toll carrier (IXC) as authorized by our order at A-311171, as a competitive local exchange carrier (CLEC) as authorized by our order at A-311171F0002; and as a competitive access carrier (CAP) as authorized by our order at A-311171F0003.
In the complaint, Prosecutory Staff alleged that Respondent is delinquent in paying its monthly Pennsylvania Universal Service Fund (USF) assessments pursuant to 52 Pa. Code §§ 63.161--63.171 and 66 Pa.C.S. §§ 3001--3009, and has failed to file the Telecommunications Relay Service Annual Access Line Summary Report and Annual Tracking Report (hereinafter collectively referred to as TRS Reports) for 2005 in violation of Section 504 of the Public Utility Code, 66 Pa.C.S. § 504. The complaint requested that the Commission order respondent to file the TRS Reports and pay $11,021.85 to the USF. In addition, the complaint requested that the Commission impose a civil penalty of $1,000 for each violation alleged herein, and for each day's continuance of such violation, and/or cancel Winstar's certificate of public convenience.
According to the U. S. Postal Service return receipt, the complaint was served on September 10, 2007. To date, more than 20 days later, no answer has been filed to the complaint. Moreover the TRS Reports have not been filed and nor has the USF assessment total of $11,021.85 plus late fees been paid. As of November 30, 2007, the unpaid USF assessment total was $12,401.69. In addition, we are not aware that Respondent has any current local service customers in Pennsylvania, and Respondent no longer is assigned any NXX codes.
Winstar's total failure of response is absolutely unacceptable and will not be tolerated. By way of this order we reiterate 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 remedies as the Commission may deem appropriate. See 66 Pa.C.S. §§ 504--506 and 3301. Based on Respondent's failure to file an answer to the complaint and the TRS Reports, as well as its failure to pay its outstanding monthly USF assessments and late charges, we conclude that revocation of Winstar's certificate of public convenience is 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 Respondent seeks relief from this order; Therefore,
It Is Ordered That:
1. The allegations in the Prosecutory Staff's complaint are deemed admitted and the complaint sustained.
2. Winstar of Pennsylvania, LLC is hereby required to file its 2005 TRS Reports and pay its outstanding USF assessment total of $12,401.69 plus late fees.
3. The Secretary serve a copy of this tentative Default Order upon Winstar of Pennsylvania, LLC, Verizon Pennsylvania, Inc. and Verizon-North, Inc., 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 tentative Default Order to be published in the Pennsylvania Bulletin with a 20-day comment period.
4. Absent the filing of a written response within the 20-day comment period, this Default Order shall become final without further order of this Commission.
5. Winstar of Pennsylvania, LLC shall immediately cease acquiring any new customers and, within 10 days of the entry date of this order, provide written notice to any existing customers directing each to select an alternative 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 adverse public comment within the 20-day time constraint established pursuant to Ordering Paragraph No. 3.
6. Absent the filing of adverse public comment, 30 days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificates of public convenience held by Winstar of Pennsylvania, LLC at A-311171, A-311171F0002 and A-311171F0003 shall be cancelled, 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 Administrative Services.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 08-304. Filed for public inspection February 15, 2008, 9:00 a.m.]
