PENNSYLVANIA PUBLIC UTILITY COMMISSION Rescission Order [35 Pa.B. 4895] Public Meeting held
August 11, 2005Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick
Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Core Communications, Inc. (2004.0267); Doc. No. C-20044062; A-310922 Rescission Order By the Commission:
On December 14, 2004, Law Bureau Prosecutory Staff filed a Formal Complaint against Core Communications, Inc. (Core Comm. or Respondent), a switched access carrier, facilities based CLEC, and facilities based toll carrier certificated at A-310922, for failure to file its 2003 Annual Report. On March 2, 2005, Respondent filed its 2003 Annual Report, but failed to pay the $250 late-filing fee. Subsequently, at the July 14, 2005 Public Meeting the Commission adopted a Default Order, entered July 20, 2005, that sustained the complaint and cancelled Respondent's certificate of public convenience. The notice of the Default Order has not yet been published in the Pennsylvania Bulletin.
One week after the entry date of the Default Order, Respondent paid the late-filing fee. Respondent filed a letter with its late-filing fee stating that failure to pay the late-filing fee was inadvertent. Respondent apologized for the oversight and requested rescission of the Default Order.
Because Respondent has now filed its delinquent annual report and paid the late-filing fee, we will grant Respondent's request for rescission. 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 Core Communications, Inc. 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 such other remedy as the Commission may deem appropriate; Therefore,
It Is Ordered That:
1. The Default Order entered July 20, 2005 against Core Communications, Inc. at this docket is hereby rescinded.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. 05-1618. Filed for public inspection August 26, 2005, 9:00 a.m.]