[31 Pa.B. 4355]
Public Meeting held
July 13, 2001
Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick
Law Bureau Prosecutory Staff v. Omni-Call, Inc. (2000.0348); C-00015434
By the Commission:
On February 5, 1999, the Commission entered an Order approving the application of Omni-Call, Inc. (Omni-Call) at A-310714 for authority to offer telecommunications services as a competitive local exchange carrier (CLEC) within Pennsylvania. On March 14, 2001, Law Bureau Prosecutory Staff mailed a letter to Omni-Call stating that its CLEC authority may be rescinded if the Commission did not receive Omni-Call's initial tariff within 60 days from the date of the letter. Having not received a tariff from Omni-Call within the 60-day time limit, on May 14, 2001, Law Bureau Prosecutory Staff filed a complaint against Omni-Call. The Complaint charged that Omni-Call, Inc. violated Section 1302 of the Public Utility Code, 66 Pa.C.S. § 1302, relating to the filing of tariffs, by not filing an initial tariff within the prescribed time. Section 1302 provides in pertinent part:Under such regulations as the commission may prescribe, every public utility shall file with the commission, within such time and in such form as the commission may designate, tariffs showing all rates established by it and collected or enforced, or to be collected or enforced, within the jurisdiction of the commission.
According to the post office receipt, service of the complaint was perfected on May 14, 2001. To date, more than 20 days later, no answer has been filed to the complaint and no tariff has been filed.
Our records show that no customer complaints against Omni-Call, Inc. have ever been filed with our Bureau of Consumer Services. Furthermore, our Bureau of Fixed Utility Services reports that the company filed annual reports for 1999 and 2000. Omni-Call reported CLEC revenues of $238 and $8 respectively for years 1999 and 2000. The company did not report a customer count. On this basis, it is reasonable to believe that although Omni-Call, Inc. has customers for its reseller of interexchange toll services, it has few or no CLEC customers;
Therefore, It Is Ordered That:
1. The allegations in Law Bureau Prosecutory Staff's complaint are deemed admitted and the complaint is thereby sustained.
2. The Secretary serve a copy of this order upon all jurisdictional telecommunication carriers and also cause a copy of this order to be published in the Pennsylvania Bulletin with a 20-day comment period.
3. Omni-Call, Inc. immediately cease providing service to any new local exchange customers and, within 10 days of the entry date of this order, provide a written notice to any of its existing local exchange customers directing each to select an alternative local exchange carrier service provider within 30 days of the date of the notice. Such notice must include a statement of the Commission's intent to cancel the company's provisional authority absent adverse public comment within the 20-day time constraint established pursuant to Ordering Paragraph No. 2, above.
4. Absent the filing of adverse comment, 30 days after publication in the Pennsylvania Bulletin and without further action by the Commission, Omni-Call, Inc.'s provisional authority at A-310714 shall be cancelled, 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 Audits.
JAMES J. MCNULTY,
[Pa.B. Doc. No. 01-1441. Filed for public inspection August 3, 2001, 9:00 a.m.]
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