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PA Bulletin, Doc. No. 01-1758

NOTICES

Tentative Order

[31 Pa.B. 5426]

   Public Meeting held
August 30, 2001

   Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick

   Viatel Services, Inc. (2001.0148); Doc. No. A-310719

Tentative Order

By the Commission:

   Viatel Services, Inc. (Viatel) has not paid its February 2001 semi-annual Telephone Consumer Education Fund assessment pursuant to the Commission's Global Order entered on September 30, 1999, at L-00991648 and L-00991649. In its efforts to collect payment, Law Bureau Prosecutory Staff was advised by Viatel's outside regulatory counsel that Viatel is in Chapter 11 bankruptcy, that it has auctioned off its assets, and that the company is no longer in business.

   Viatel, an interexchange reseller, was issued a certificate of public convenience by the Commission on January 28, 1999, at A-310719. Based upon the findings of the Prosecutory Staff, we believe that it is appropriate to revoke Viatel's certificate without the necessity of first filing a formal complaint. Finally, Viatel does not have any current customers in Pennsylvania. For these reasons, we tentatively conclude that revocation of Viatel's certificate pursuant to 66 Pa.C.S. § 1102(a)(2) will not be detrimental to the public interest; Therefore,

It Is Ordered:

   1.  That Viatel Services, Inc.'s certificate of public convenience is hereby tentatively approved to be revoked as being in the public interest.

   2.  That a copy of this Tentative Order be published in the Pennsylvania Bulletin giving any person having an interest in this proceeding 30 days from the date of publication to file a written response.

   3.  That absent the filing of adverse public comment 30 days after publication in the Pennsylvania Bulletin, this Tentative Order shall become final without further order of this Commission.

   4.  That upon this order becoming final and without further action by the Commission, the certificate of public convenience held by Viatel Services, Inc. at A-310719 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.

   5.  That a copy of this Order be served upon the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, and the Attorney General's Bureau of Consumer Protection.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 01-1758. Filed for public inspection September 21, 2001, 9:00 a.m.]


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