Tentative Order [33 Pa.B. 2142] Public Meeting held
April 10, 2003Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick; Kim Pizzingrilli
Comtel Network LLC (2002.0421); A-310982 Tentative Order By the Commission:
Comtel Network LLC (Comtel) has failed to pay its $334 general assessment for 2002-2003 under section 510(c) of the Public Utility Code. 66 Pa.C.S. § 510(c). Comtel is a telecommunications interexchange reseller certificated at A-310982. Commission staff sent by certified mail a notice to Comtel that its 2002-2003 annual assessment was overdue. The notice came back as unclaimed, return to sender. All other attempts by Commission staff to reach the company have proven unsuccessful.
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 Comtel's failure to pay its general assessment for 2002-2003, we believe it is appropriate to revoke Comtel's certificate of public convenience without the necessity of a formal complaint, and we tentatively conclude that revocation of Comtel's certificate of public convenience pursuant to 66 Pa.C.S. § 1102(a)(2) 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 Comtel seeks relief from this Tentative Order; Therefore,
It Is Ordered That:
1. Revocation of Comtel Network LLC's certificate of public convenience is hereby tentatively approved as being in the public interest.
2. 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. 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. Upon this order becoming final and without further action by the Commission, the certificate of public convenience held by Comtel Network LLC at A-310982 shall be canceled, and Comtel Network LLC'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 Audits.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 03-812. Filed for public inspection April 25, 2003, 9:00 a.m.]
