Rescission Order [35 Pa.B. 5359] Public Meeting held
September 9, 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. One Voice Communications, Inc. (2004.0267); Doc. No. C-20044038; A-311051 Rescission Order By the Commission:
On December 14, 2004, Law Bureau Prosecutory Staff filed a Formal Complaint against One Voice (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 was published in the Pennsylvania Bulletin on August 6, 2005 at 35 Pa.B. 4517 with a 20-day comment period.
On August 26, 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the entry of the Default Order, Respondent filed its 2003 Annual Report along with a request to have the Default Order rescinded.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 stated that the report was not filed as a result of changing accounting firms. Respondent also stated all reports on a going forward basis should be timely filed. A review of Commission records shows that Respondent has also filed its 2004 Annual Report in compliance with Commission regulations.
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 One Voice 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 The Default Order entered July 20, 2005 at this docket against One Voice Communications, Inc. is hereby rescinded.
2. A copy of this order be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 05-1805. Filed for public inspection September 23, 2005, 9:00 a.m.]
