Cancellation Order [33 Pa.B. 2139] Public Meeting held
April 10, 2003Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick; Kim Pizzingrilli
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Star Telecommunications, Inc. (2002.0398.00); Doc. No. C-20039265; A310571 Cancellation Order By the Commission:
On January 17, 2002, Law Bureau Prosecutory Staff filed a Formal Complaint against Star Telecommunications, Inc. (Respondent), an IXC reseller certificated at A-310571. 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 2001 Annual Report. The Complaint requested that the Commission issue an order canceling the Respondent's certificate for failure to file its 2001 Annual Report in violation of 66 Pa.C.S. § 504.
Service of the Complaint was perfected on January 28, 2003. Respondent filed an answer on February 4, 2003, stating that it filed for Chapter 11 protection under the United States Bankrutpcy Code on March 13, 2001, and is currently liquidating its assets for the benefit of its creditors. Respondent's answer also stated that it has not conducted business in the Commonwealth of Pennsylvania since January 1, 2001. Finally, Respondent requests that its certificate be revoked since it is no longer doing business.
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 Star Telecommunications, Inc.; 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 Star Telecommunications, Inc. at A-310571 is hereby cancelled.
3. The Secretary strike the name of Star Telecommunications, Inc. 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. 03-803. Filed for public inspection April 25, 2003, 9:00 a.m.]
