Tentative Order [38 Pa.B. 2432]
[Saturday, May 24, 2008]Public Meeting held
May 1, 2008Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Tyrone J. Christy; Kim Pizzingrilli
Cat Communications International Inc.; A-310701, A-310701F0002 Tentative Order By the Commission:
Cat Communications International Inc. (Cat) has failed to pay its $903 general assessment for 2007-2008 pursuant to section 510(c) of the Public Utility Code. 66 Pa.C.S. § 510(c). Cat is a competitive local exchange carrier (CLEC) and a telecommunications interexchange reseller (IXC reseller) certificated at A-310701 on October 2, 2000, and A-310701F0002, on December 16, 2002, respectively. On or about August 23, 2007, Commission staff sent an invoice to Cat notifying it that its 2007-2008 annual assessment was due. The Commission has not received payment for this invoice. Cat is also delinquent in filing its 2006 annual reports for both its CLEC and IXC reseller entities, its 2006 Telecommunications Relay Service (TSR) report, and has a current $2,975.93 universal service fund delinquency with this Commission.
In response to communications with Commission staff about the overdue annual assessment, general counsel for Cat advised the Commission by letter dated February 8, 2008, that the company no longer has any customers in Pennsylvania and has discontinued all business in the state, effective March of 2007. The letter further requests cancellation of its certificates of public convenience and all tariffs. Cat, however, failed to respond to repeated requests to file a formal application to abandon services.
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 representations contained in Cat's letter and because of Cat's failure to pay both its annual assessment for 2007-2008 and its universal service fund assessment and its failure to file annual reports for 2006 and a 2006 TRS report, we tentatively conclude that it is appropriate to revoke Cat's certificates of public convenience without the necessity of a formal complaint 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 Cat seeks relief from this Tentative Order; Therefore,
It is Ordered That:
1. Revocation of Cat Communications International Inc.'s certificates 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 20-day comment period.
3. Absent the filing of adverse public comment within 20 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 certificates of public convenience held by Cat Communications International Inc. at A-310701 and A-310701F0002 shall be canceled, and Cat Communications International Inc.'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 Administrative Services.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 08-1006. Filed for public inspection May 23, 2008, 9:00 a.m.]
