Rescission Order [35 Pa.B. 4896] 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. Inmate Communications, Corp. (2004.0267); Doc. No. C-20044049; A-310499 Rescission Order By the Commission:
On December 14, 2004, Law Bureau Prosecutory Staff filed a Formal Complaint against Inmate Communications Corp. (Respondent), a non-facilities based reseller of toll service carrier certificated at A-310499, for failure to file its 2003 Annual 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 July 27, 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the entry of the Default Order, Respondent filed its 2003 Annual Report along with a request to have the Default Order rescinded. Respondent attached the $250 late-filing fee with its request. In its request, Respondent noted that since the issuance of its certificate in 1997, it has always filed its Commission required reports in a timely manner. In addition, Respondent stated that its failure to file the 2003 Annual Report was inadvertent. Specifically, Respondent stated that in this instance, Respondent confused the filing of its 2003 Assessment Report with the 2003 Annual Report. Respondent also notes that its 2004 Annual Report has been filed in compliance with Commission regulations. A review of Commission records confirms that no other Complaints have been issued against Respondent since the issuance of its certificate.
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 Inmate Communications, 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 Inmate Communications, Corp. is hereby rescinded.
2. A copy of this order be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 05-1620. Filed for public inspection August 26, 2005, 9:00 a.m.]
