Default 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. National Accounts Inc. (2002.0421); Doc. No. C-20039461; A-310162 Default Order By the Commission:
On February 11, 2003, the Law Bureau Prosecutory Staff instituted a complaint against National Accounts Inc. (Respondent), a telecommunications interexchange reseller certificated at A-310162. In the complaint, Prosecutory Staff alleged that the Commission sent by certified mail a notice to the Respondent that both its 2002-2003 annual assessment and its 5th semi-annual Telephone Consumer Education Fund assessment were overdue. The complaint charged that Respondent's failure to pay the general assessment violates 66 Pa.C.S. § 510(c) and that its failure to pay the 5th semi-annual Telephone Consumer Education Fund assessment violates the Commission's Global Order entered on September 30, 1999, at Docket Nos. L-00991648, et al.
The complaint sought an order from the Commission canceling Respondent's certificate of public convenience for failure to pay these assessments. The complaint was mailed by the Secretary's Bureau on February 12, 2003, to Respondent's last known business address and service was perfected on February 14, 2003. To date, more than 20 days since service was perfected, no answer has been filed to the complaint and the two assessments have still not been paid. Additionally, the telephone number the Commission has for the company always answers with a recording stating that the telephone line is experiencing network outages.
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 another remedy as the Commission may deem appropriate. 66 Pa.C.S. §§ 504, 505, 506 and 3301. Based on the previous and because of National's failure to pay its general assessment for 2002-2003 and 5th semi-annual Telephone Consumer Education Fund assessment, we believe it is appropriate to revoke National's 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 National 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 National Accounts Inc. at Docket No. A-310162 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 Audits.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 03-804. Filed for public inspection April 25, 2003, 9:00 a.m.]
