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. Winstar of Pennsylvania, LLC (2004.0267); Doc. No. C-20044008; A-311171 Rescission Order By the Commission:
On December 6, 2004, Law Bureau Prosecutory Staff filed a Formal Complaint against Winstar of Pennsylvania, LLC (Winstar), a telecommunications utility certificated at A-311171, for failure to file its 2003 Annual Report. Subsequently, on July 22, 2005, the Commission entered a Default Order that sustained the complaint and cancelled Winstar's certificate. Notice of the Default Order was published August 6, 2005 at 35 Pa.B. 4534 with a 20-day comment period.
The July 22, 2005 Default Order incorrectly stated that it was issued as a result of Respondent's failure to file its 2003 Annual Report. A review of Commission records reveal that Respondent actually filed its 2003 Annual Report on June 8, 2004. However, at that time, a section of the report was not filled out completely and the report was therefore not accepted by Commission staff. As a result, the previously captioned Complaint and Default Order were issued. In this instance, it appears that no public benefit would inure from requiring Winstar to pay the late-filing fee.
Because Respondent has now filed the remaining section of its annual report within the 20-day comment period stated in the Pennsylvania Bulletin, and it is report is now deemed complete, we find it appropriate to rescind the Default Order. However, we caution Respondent that all future Annual Reports must be timely and completely filed and all Commission correspondence must be answered in a timely manner. The Commission hereby puts Winstar of Pennsylvania, LLC 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 The Default Order entered July 22, 2005 against Winstar of Pennsylvania, LLC at this docket is hereby rescinded.
2. A copy of this order be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 05-1806. Filed for public inspection September 23, 2005, 9:00 a.m.]
