Default Order [31 Pa.B. 3273] Public Meeting held
May 24, 2001Commissioners Present: John M. Quain, Chairperson; Robert K. Bloom, Vice-Chairperson; Nora Mead Brownell; Aaron Wilson, Jr.; Terrance J. Fitzpatrick
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Nexstar Communications, Inc.; Doc. No. C-00014705; A-310628
Default Order By the Commission:
On January 16, 2001, the Law Bureau Prosecutory Staff (Prosecutory Staff) instituted a complaint against Nexstar Communications, Inc. (Respondent), an IXC reseller certificated at A-310628. In the complaint, Prosecutory Staff alleged that the Commission sent by certified mail notices to the Respondent that under 66 Pa.C.S. § 510, its 2000-2001 Annual Assessment in the amount of $198 was due. The complaint charged that the Respondent violated 66 Pa.C.S. § 510(c) by neither paying the assessment nor filing objections.
The complaint sought the following remedies:
(1) the Commission issue an order canceling the Respondent's certificate of public convenience if Respondent failed to answer the complaint within 20 days of receipt of the complaint, and
(2) the Commission issue an order referring the total outstanding assessment balance to the Attorney General's office for appropriate civil collection action.
According to the post office return receipt, service was perfected on January 30, 2001. To date, more than 20 days later, no answer has been filed to the complaint and the assessment has not been paid; Therefore,
It is Ordered that:
1. The allegations in the Prosecutory Staff's complaint are deemed admitted and the complaint is thereby sustained.
2. The Secretary serve a copy of this order upon all jurisdictional telecommunication carriers and also cause a copy of this order to be published in the Pennsylvania Bulletin with a 20-day comment period.
3. Nexstar Communications, Inc. immediately cease providing service to any new customers and, within 10 days of the entry date of this order, provide a written notice to each existing customer directing each to select an alternative IXC service provider within 30 days of the date of the notice. The notice must include a statement of the Commission's intent to cancel the company's certificate of public convenience absent adverse public comment within the 20-day time constraint established under Ordering Paragraph No. 2.
4. Absent the filing of adverse public comment, 30 days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate of public convenience held by Nexstar Communications, Inc. at Docket No. A-310628 shall be cancelled, 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 Administrative Services.
5. Sixty days after publication in the Pennsylvania Bulletin, following cancellation of the certificate of public convenience under Ordering Paragraph No. 4, the Office of Executive Director refer the total outstanding assessment balance to the Attorney General's office for appropriate civil collection and action.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 01-1095. Filed for public inspection June 15, 2001, 9:00 a.m.]
