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. IDT America, Corp. (2004.0267);
Doc. No. C-20044051; A-310782Rescission Order By the Commission:
On December 14, 2004, Law Bureau Prosecutory Staff filed a Formal Complaint against IDT America, Corp. (Respondent), a non-facilities based reseller of toll service certificated at A-310782, for failure to file its 2003 Annual Report. On January 6, 2005, Respondent paid the $250 late-filing fee, but failed to file its delinquent report. Subsequently, on July 20, 2005, the Commission entered a Default Order that sustained the complaint and cancelled Respondent's certificate. The notice of the Default Order has not yet been published in the Pennsylvania Bulletin.
On August 4, 2005, subsequent to the entry of the Default Order, Respondent filed its 2003 Annual Report along with a request to have the Default Order rescinded. In its request, Respondent apologized for the delinquency and stated that failure to file its 2003 Annual Report was inadvertent. A review of Commission records shows that the instant Complaint was the only Complaint instituted against Respondent by the Commission since the issuance of its certificate in 1998.
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 IDT America, Corp. 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 at this docket against IDT America, Corp. is hereby rescinded.
2. A copy of this order be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 05-1619. Filed for public inspection August 26, 2005, 9:00 a.m.]
