PENNSYLVANIA PUBLIC UTILITY COMMISSION Cancellation Order [34 Pa.B. 1648] Public Meeting held
March 4, 2004Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli; Wendell F. Holland
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Network Access Solutions Corp. (2002.0246.00); Doc. No. C-20031944; A-310535
Cancellation Order By the Commission:
On October 17, 2003, Law Bureau Prosecutory Staff filed a Formal Complaint against Network Access Solutions, Corp. (Respondent), a CLEC certificated at A-310535. In the Complaint, Prosecutory Staff alleged that Commission staff had notified Respondent by both first class and certified mail, return receipt requested that Respondent had failed to file its 2002 Annual Report. The Complaint requested that the Commission issue an order canceling the Respondent's certificate for failure to file its 2002 Annual Report in violation of 66 Pa.C.S. § 504.
Service of the Complaint was perfected on December 10, 2003. Respondent filed an answer on December 29, 2003, stating that it filed for Chapter 11 protection under the United States Bankruptcy Code on June 4, 2002. In its answer, Respondent further stated that its Plan of Reorganization was confirmed by the Bankruptcy court on September 11, 2003, and provided for the liquidation of its remaining assets. Respondent advised that most of its assets were sold on January 10, 2003. Finally, in its answer, Respondent requested an extension of time to respond to the Complaint. Further communications with counsel for Respondent have revealed that Respondent requests to have its certificate cancelled since the company is out of business and all of its assets have been sold.
Based upon the foregoing, and upon our determination that Respondent does not have any outstanding assessments or fines, it is appropriate to cancel the certificate of public convenience of Network Access Solutions Corp. We also note that because Respondent was never given any NXX codes, there are no numbering compliance issues; Therefore,
It Is Ordered That:
1. The allegations in Law Bureau Prosecutory Staff's complaint are deemed admitted and the complaint is hereby sustained.
2. The certificate of public convenience held by Network Access Solutions Corp. at A-310535 is hereby cancelled.
3. The Secretary strike the name of Network Access Solutions Corp. from all active utility lists maintained by the Annual Report Section of the Secretary's Bureau and the Assessment Section of the Bureau of Administrative Services.
4. Notice of this Cancellation Order shall be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 04-507. Filed for public inspection March 19, 2004, 9:00 a.m.]
