1884 Rescission order statement

Rescission Order Statement

[33 Pa.B. 4767]

Pennsylvania Public Utility    Commission, Law Bureau Prosecutory Staff v. Association Administrator, Inc.	Public Meeting September 5, 2003 SEP-2003-L-0087R Docket No. C-20039877
Pennsylvania Public Utility    Commission, Law Bureau Prosecutory Staff v. Allegheny Coin Company, Inc.	Public Meeting September 5, 2003 SEP-2003-L-0100* Docket No. C-20039886 A-310296

Statement of Commissioner Aaron Wilson, Jr.

   I applaud the Commission's willingness to impose penalties on telecommunications carriers that violate our regulations, fail to pay their assessments, or fail to timely comply with our obligations regarding universal service support. This approach is long overdue in the telecommunications area.

   However, I do not support application of any mitigation criteria under Joseph A. Rosi v. Bell-Atlantic Pennsylvania, Inc. and Sprint Communications, L.P., Docket No. C-00992409 (March 16, 2000) (Rosi). The use of a ''mitigation'' criteria is disturbing because it legitimizes the potential for discrimination in the application of the penalty provisions of our Public Utility Code. Mitigation is premised on a largely subjective view of a utility, a utility's counsel, or a utility's reputation. I have not supported, and do not support, use of criteria that institutionalizes discriminatory and subjective treatment.

DR. AARON WILSON, Jr.,   
Commissioner

[Pa.B. Doc. No. 03-1884. Filed for public inspection September 19, 2003, 9:00 a.m.]