Default Order [35 Pa.B. 1400] Public Meeting held
February 3, 2005Commissioners Present: Wendell F. Holland, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli
Pennsylvania Public Utility Commission
Law Bureau Prosecutory Staff v. Atlas
Communications, Ltd. (2004.0268); Doc. No.
C-20043979; A-310347Default Order By the Commission:
On December 2, 2004, Law Bureau Prosecutory Staff instituted a complaint against Atlas Communications, Ltd. (Atlas), a telecommunications interexchange reseller certificated at A-310347. In the complaint, Prosecutory Staff alleged that the Commission sent by certified mail a notice to Atlas that its 2004-2005 General Assessment was overdue. The complaint charged that Atlas' failure to pay the General Assessment violates 66 Pa.C.S. § 510(c).1
The complaint sought an order from the Commission canceling Atlas' certificate of public convenience for failure to pay these assessments. The complaint was mailed by the Secretary's Bureau on December 2, 2004, to Atlas' last known business address and service was perfected on December 6, 2004. To date, more than 20 days since service was perfected, no answer has been filed to the complaint and the assessment has still not been paid.
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 previous and because of Atlas' failure to pay its General Assessment for 2004-2005, we believe it is appropriate to revoke Atlas' certificate of public convenience 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 Atlas seeks relief from this Default Order; Therefore,
It Is Ordered That:
1. The allegations in the Law Bureau Prosecutory Staff's complaint are deemed admitted and the complaint is thereby sustained.
2. The Secretary serve a copy of this Default Order upon 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 Default Order to be published in the Pennsylvania Bulletin with a 30-day comment period.
3. Absent the filing of adverse public comment, 30 days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate held by Atlas Communications, Ltd. at Docket No. A-310347 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 Administrative Services.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 05-343. Filed for public inspection February 18, 2005, 9:00 a.m.] _______
1 The Commission also notes that Atlas has failed to pay any of its monthly Universal Service Fund assessments for the fiscal year 2003 and has failed to file its Annual Report for 2003. While the complaint did not allege these separate violations, they further support our decision to revoke its certificate of public convenience.
