Tentative Order [37 Pa.B. 875]
[Saturday, February 17, 2007]Public Meeting held
January 26, 2007Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Kim Pizzingrilli, Terrance J. Fitzpatrick
Buzz Telecom Corporation (2007.0014); Doc. No. A-311216
Tentative Order By the Commission:
Buzz Telecom Corporation (''Buzz Telecom'') has failed to pay its $62 general assessment for 2006-2007 pursuant to section 510(c) of the Public Utility Code. 66 Pa.C.S. § 510(c). Buzz Telecom is a telecommunications interexchange reseller certificated at A-311216, whose certificate of public convenience was issued on January 15, 2003. On or about August 21, 2006, Commission staff sent an invoice to Buzz Telecom notifying it that its 2006-2007 annual assessment was due. The Commission has not received payment for this invoice. Commission staff has attempted to reach Buzz Telecom, but staff's efforts have been unsuccessful. Further, according to an internet news source, sources at several different state regulatory agencies have reported that Buzz Telecom may be out of business and that its internet website stopped functioning on December 19, 2006.
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 and because of Buzz Telecom's failure to pay its annual assessment for 2006-2007, we believe it is appropriate to revoke Buzz Telecom's certificate of public convenience without the necessity of a formal complaint, and we tentatively conclude that revocation of Buzz Telecom'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 Buzz Telecom seeks relief from this Tentative Order; Therefore,
It is Ordered That:
1. That revocation of Buzz Telecom's certificate of public convenience is hereby tentatively approved as being in the public interest.
2. That 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. That 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. That upon this order becoming final, and without further action by the Commission, the certificate of public convenience held by Buzz Telecom at A-311216 shall be canceled and Buzz Telecom'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.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 07-296. Filed for public inspection February 16, 2007, 9:00 a.m.]
