Tentative Order [35 Pa.B. 4898] Public Meeting held
August 11, 2005Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick
American Broadband and Communications, Inc. (2005.0104); A-311096 Tentative Order By the Commission:
American Broadband and Communications, Inc. (American) has failed to file its Annual Report for Calendar Year 2004, as required pursuant to 66 Pa.C.S. § 504. In addition, the Assessment Report Form for 2004 has been returned as ''not deliverable as addressed.'' Finally, Law Bureau Prosecutory Staff has not been successful in making telephone contact with American.
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 remedy as the Commission may deem appropriate. 66 Pa.C.S. §§ 504, 505, 506, and 3301.
American was granted a certificate of public convenience on May 14, 2001 at A-311096. Based upon the findings of the Prosecutory Staff, we believe that it is appropriate to revoke American's certificate without the necessity of first filing a formal complaint. Finally, we are not aware that American has any current customers in Pennsylvania, and the Company is not assigned any NXX Codes.
For these reasons, we tentatively conclude that revocation of American's certificate pursuant to 66 Pa.C.S. § 1102(a)(2) is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of penalties under section 3301, in lieu of cancellation, if American seeks relief from this Tentative Order; Therefore,
It Is Ordered That:
1. American Broadband and Communications, Incorporated's certificate of public convenience is hereby revoked.
2. A copy of this Tentative Order be published in the Pennsylvania Bulletin giving all persons having an interest in this proceeding 30 days from the date of publication to file a written response.
3. Absent the filing of adverse public comment 30 days after the publication in the Pennsylvania Bulletin, this Tentative Order shall become final without further order of this Commonwealth.
4. Upon this order becoming final and without further action by the Commission, the certificate of public convenience held by American at A-311096 shall be revoked, 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 Administrative Services.
5. A copy of this Order be served upon the Office of Consumer Advocate, the Office of Small Business Advo-cate, the Office of Trial Staff, and the Attorney General's Bureau of Consumer Protection.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 05-1626. Filed for public inspection August 26, 2005, 9:00 a.m.]
