Default Order [33 Pa.B. 3453] Public Meeting held
June 26, 2003Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Glen R. Thomas; Kim Pizzingrilli
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff (2002.0294) v. Allegheny Coin Company, Inc.; Doc. No. C-20039886; A-310296
Default Order By the Commission:
On April 3, 2003, Law Bureau Prosecutory Staff instituted a complaint against Allegheny Coin Company, Inc. (Respondent or Company), an interexchange reseller certificated at A-310296. In the complaint, Prosecutory Staff alleged that the Commission sent by certified mail a notice to the Respondent that its monthly Universal Service Fund assessments were overdue by 3 or more months. The complaint charged that the Respondent's failure to pay these assessments violates 52 Pa. Code §§ 63.161--63.171 and 66 Pa.C.S. §§ 3001--3009.
The Prosecutory Staff complaint sought an order from the Commission canceling the Respondent's certificate of public convenience for failure to pay its Universal Service Fund assessments. The complaint was mailed by the Secretary's Bureau on April 22, 2003, and, according to the postal return receipt, service was perfected on April 24, 2003. To date, more than 20 days later, no answer has been filed to the complaint and the assessments in the amount of $4,125.24 have still not been paid. In addition, although we are aware that Respondent has current customers in this Commonwealth, the Respondent was never assigned any NXX Codes.
Prosecutory Staff has repeatedly been forced to take action against Respondent to bring the Company into compliance with the Public Utility Code and our regulations. On April 7, 1999, Prosecutory Staff filed a complaint at C-00992315 for the Respondent's failure to pay its General Assessment for Fiscal Year 1997-1996 in the amount of $4,624 and its General Assessment for Fiscal Year 1998-1999 in the amount of $1,987, both of which the Respondent subsequently paid by check on June 24, 1999. On January 16, 2001, Prosecutory Staff filed a complaint at C-0014690 for the Respondent's failure to pay its General Assessments for Fiscal Year 2000-2001 in the amount of $4,277, which the Respondent subsequently paid by several checks received by the Commission from November 28, 2000, through May 5, 2001. On May 23, 2002, Prosecutory Staff filed a complaint at C-20027846 for Respondent's failure to file its 2000 Annual Report, which the Company subsequently filed on June 26, 2002. On January 17, 2003, Prosecutory Staff filed a complaint at C-20039304 for Respondent's failure to file its 2001 Annual Report, which the Respondent subsequently filed on February 3, 2003, accompanied by the $250 civil penalty for late filing.
Based on the Respondent's history of noncompliance with regulatory requirements and the failure to file an answer to the April 3, 2003, complaint or pay its assessments, we conclude that revocation of Allegheny Coin Company, Inc.'s certificate of public convenience is in the public interest. 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.
Furthermore, the Commission may take other appropriate action, including the imposition of penalties under section 3301, instead of cancellation, if Respondent seeks relief from this Default Order; Therefore,
It Is Ordered That:
1. The allegations in Law Bureau Prosecutory Staff's complaint are deemed admitted and the complaint is thereby sustained.
2. The Secretary serve a copy of this Default Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, the Department of General Services, the Department of Corrections and the Attorney General's Bureau of Consumer Protection, and also cause a copy of this Default Order to be published in the Pennsylvania Bulletin with a 20-day comment period.
3. Allegheny Coin Company, Inc. immediately cease offering to provide service to any new customers and, within 10 days of the entry of this Default Order, provide a written notice to each existing customer directing each to select an alternative 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 public comment within the 20-day time period 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 Allegheny Coin Company, Inc. at A-310296 shall be canceled, 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 Audits.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 03-1379. Filed for public inspection July 11, 2003, 9:00 a.m.]
