Navigator Telecommunications, LLC [43 Pa.B. 4302]
[Saturday, July 27, 2013]Public Meeting held
July 16, 2013Commissioners Present: Robert F. Powelson, Chairperson; John F. Coleman, Jr., Vice Chairperson; Wayne E. Gardner; James H. Cawley; Pamela A. Witmer
Navigator Telecommunications, LLC;
A-310898; A-310898F0002; A-310898F0003Tentative Order By the Commission:
Navigator Telecommunications, LLC (Navigator or the Company), whose utility code is 310898, is a competitive access provider, a competitive local exchange carrier, and a telecommunications interexchange reseller certificated at A-310898, A-310898F0002, and A-310898F0003, respectively, on January 5, 2001.
Within the last few years, Navigator has become delinquent in a number of areas. For example, Navigator has failed to (1) file its annual reports for 2011 and 2012 as required by 66 Pa.C.S. § 504 and our regulations at 52 Pa. Code § 63.36; (2) file its annual assessment reports and pay its assessments for 2011 and 2012 as required by 66 Pa.C.S. § 510; (3) file its 2012 Telecommunications Relay Service Annual Access Line Summary Report by March 31, 2013, pursuant to 66 Pa.C.S. § 504; and (4) file its Physical Cyber Security Planning Self-Certification Report by April 30, 2013, as required by 52 Pa. Code §§ 101.1—101.7. Additionally, the Company has failed to pay its monthly universal service fund payments to our third-party administrator, Solix, for at least the past four months pursuant to 52 Pa. Code § 63.165.
Solix has advised Commission staff that Navigator's current monthly invoices are being returned as undeliverable and the contact telephone numbers on file are disconnected. Further research by Solix revealed an entry on the FCC Form 499 website that Navigator is ''no longer active'' as of July 15, 2012, and that the ''company has gone out of business'' with no sale of assets involved. Commission staff's attempts to reach the Company have similarly been unsuccessful, and staff has also found that at least several other state public service commissions are in the process of deactivating Navigator for failure to meet compliance requirements.
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. Currently, Navigator is not assigned any telephone number resources, and there are no informal or formal complaints pending against the Company before the Commission. Based on the above facts, we tentatively conclude that it is appropriate to revoke Navigator's certificate 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 and requiring Navigator to correct all delinquencies and pay any outstanding assessments, in lieu of cancellation, if it seeks relief from this Tentative Order or if it should ever attempt again to do business as a public utility before this Commission; Therefore,
It Is Ordered That:
1. Revocation of Navigator Telecommunications, LLC's certificate 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 Bureau of Investigation & Enforcement, and also cause a copy of this Tentative Order to be published in the Pennsylvania Bulletin with a 30-day comment period.
3. Absent the filing of adverse public comment within 30 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 Navigator Telecommunications, LLC at A-310898, A-310898F0002, and A-310898F0003 shall be canceled, and Navigator Telecommunications, LLC's name stricken from all active utility lists maintained by the Commission's Bureau of Technical Utility Services and the Assessment Section of the Bureau of Administration.
ROSEMARY CHIAVETTA,
Secretary[Pa.B. Doc. No. 13-1421. Filed for public inspection July 26, 2013, 9:00 a.m.]
