PENNSYLVANIA PUBLIC UTILITY COMMISSION Global Capacity Group, Inc.; Tentative Order [42 Pa.B. 5947]
[Saturday, September 15, 2012]Public Meeting held
August 30, 2012Commissioners Present: Robert F. Powelson, Chairperson; John F. Coleman, Jr., Vice Chairperson; Wayne E. Gardner; James H. Cawley; Pamela A. Witmer
Global Capacity Group, Inc.; A-311446 Tentative Order By the Commission:
Global Capacity Group, Inc. (GCG) has failed to file its 2011 Telecommunications Relay Service (TRS) Annual Access Line Summary Report and TRS Annual Tracking Report (hereinafter collectively referred to as ''TRS Reports'') pursuant to section 504 of the Public Utility Code. 66 Pa.C.S. § 504. Specifically, 66 Pa.C.S. § 504 provides that:
The commission may require any public utility to file periodical reports, at such times, and in such form, and of such content, as the commission may prescribe, and special reports concerning any matter whatsoever about which the commission is authorized to inquire, or to keep itself informed, or which it is required to enforce.
GCG is a competitive local exchange carrier certificated at A-311446. Commission staff's attempts to reach GCG to have the utility file the missing reports have been unsuccessful. A telephone call to the former employee who handled the filing of TRS Reports for the company in previous years was successful; however, that person advised Commission staff that GCG has filed for chapter 7 bankruptcy and is no longer in business.
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. Based on the above facts, we tentatively conclude that it is appropriate to revoke GCG's certificate of public convenience without the necessity of a formal complaint as being in the public interest. Also, GCG currently has no NXX codes. The Commission may take other appropriate action, including the imposition of penalties under section 3301, in lieu of cancellation if GCG seeks relief from this Tentative Order; Therefore,
It Is Ordered That:
1. Revocation of Global Capacity Group, Inc.'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 and 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 certificate of public convenience held by Global Capacity Group, Inc. at A-311446 shall be canceled, and Global Capacity Group, Inc.'s name stricken from all active utility lists maintained by the Commission's Bureau of Fixed Utility Services and the Assessment Section of the Bureau of Administrative Services.
ROSEMARY CHIAVETTA,
Secretary[Pa.B. Doc. No. 12-1837. Filed for public inspection September 14, 2012, 9:00 a.m.]
