Rescission Order [34 Pa.B. 3216] Public Meeting held
May 27, 2004Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli; Wendell F. Holland
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. American Phone Services Corp. (2003.0264); Doc. No. C-20031951; A-311002 Rescission Order By the Commission:
On October 17, 2003, Law Bureau Prosecutory Staff filed a Formal Complaint against American Phone Services Corp. (American or Respondent), an IXC reseller, certificated at A-311002, for failure to file its 2002 Annual Report. Subsequently, on April 8, 2004, the Commission entered a Default Order that sustained the complaint and cancelled Respondent's certificate of public convenience.
On April 13, 2004, 5 days subsequent to the entry date of the Default Order, American filed its delinquent 2002 Annual Report and paid the $250 late-filing fee. American included a letter with its filing that requested that the Default Order be rescinded and that its certificate be reinstated.
By separate facsimile also dated April 13, 2004, American sent the Commission what was purported to be a copy of its 2002 Annual Report on its letterhead and a copy of a check in the amount of $250. The faxed copies were both dated November 28, 2003, and were faxed to support Respondent's averment that its report was timely filed in response to the Prosecutory Staff Complaint. Unfortunately, a review of Commission records fails to confirm that these documents were received by the Commission in 2003.
In its Answer, Respondent gives no reason why its 2002 Annual Report was delinquent. It simply alleges that its report was filed in November, which we note, parenthetically, would also have made the filing delinquent. However, because Respondent filed its delinquent Annual Report and paid the late-filing fee 5 days after the entry date of the Default Order, we will grant Respondent's request for rescission of the Default Order. However, we caution American that all future Annual Reports must be timely filed and all Commission correspondence must be answered in a timely manner. The Commission hereby puts American and the rest of 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; Therefore,
It Is Ordered That:
1. The Default Order entered April 8, 2004, at this docket is hereby rescinded.
2. A copy of this order be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 04-1102. Filed for public inspection June 18, 2004, 9:00 a.m.]
