Rescission Order [34 Pa.B. 3218] 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. Winstar of Pennsylvania, LLC (2003.0264); Doc. No. C-20031991; A-311171 Rescission Order By the Commission:
On October 17, 2003, Law Bureau Prosecutory Staff filed a Formal Complaint against Winstar of Pennsylvania, LLC (Winstar or Respondent), an IXC reseller, CLEC, competitive access provider and switched access carrier certificated at A-311171, 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. The notice of the Default Order was published April 24, 2004, at 34 Pa.B. 2268 with a 20-day comment period.
On May 10, 2004, within the specified comment period, Respondent filed an Answer and its delinquent 2002 Annual Report and paid the $250 late-filing fee. Respondent included a letter with its filing that requested that the Default Order be rescinded and that its certificate be reinstated.
In its Answer, Respondent stated that the failure to timely file its 2002 Annual Report was an oversight. Winstar avers that on April 1, 2002, the Commission approved its acquisition of the assets of Winstar Wireless of Pa. Respondent states that in its application, it indicated that for purposes of correspondence from the Commission, its address was 1850 M Street, NW, Suite 300, Washington, DC 20036. Respondent further states that the letters and Complaint regarding the 2002 Annual Report were sent to 1615 L Street, NW, Suite 1260, Washington, DC 20036, which Winstar Wireless of Pa., LLC occupied until 2001. Respondent explains that because Commission correspondence went to the wrong address, it was never received. Since it has now complied with the 2002 Annual Report filing requirement, Winstar requests that the Default Order be rescinded and its certificate be reinstated. A review of Commission records confirms that the certified letters and the Complaint regarding the 2002 Annual Report went to the wrong address.
Based upon the fact that Respondent filed its delinquent annual report and paid the late-filing fee within the 20-day comment period, we will grant Respondent's request for rescission of the Default Order. However, we caution Respondent that all future Annual Reports must be timely filed and all Commission correspondence must be answered in a timely manner. The Commission hereby puts Winstar 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.
In this Order, we also advise Winstar of the requirement to notify the Commission of any change of address, and direct the Secretary's Bureau to change its records to reflect Winstar's mailing address as 1850 M Street, NW, Suite 300, Washington, DC 20036; 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.
3. The Secretary's Bureau change its records to reflect that the correct mailing address for Winstar is 1850 M Street, NW, Suite 300, Washington, DC 20036.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 04-1105. Filed for public inspection June 18, 2004, 9:00 a.m.]
