[32 Pa.B. 4215]
Public Meeting held
August 8, 2002
Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick; Kim Pizzingrilli
Petition to Reinstate Association Administrators, Inc. Doc. No. A-310527
By the Commission:
On June 19, 2001, Law Bureau Prosecutory Staff filed a Formal Complaint against Association Administrators, Inc. (AAI), an IXC reseller certificated at A-310527. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to AAI that its 1999 Annual Report was due. The complaint charged that AAI violated 66 Pa.C.S. § 504 by failing to file its 1999 Annual Report. The Complaint requested that the Commission issue an order canceling AAI's certificate of public convenience for failure to file its 1999 Annual Report.
According to the U.S. Postal Service return receipt, service of the Complaint was perfected on June 21, 2001. AAI did not answer or file its 1999 Annual Report within the time given. By order entered April 4, 2002, the Commission cancelled AAI's certificate of public convenience. On June 13, 2002, AAI filed a Petition to Reinstate and attached its 1999 Annual Report.
It is well settled that decisions such as whether to grant a petition for reinstatement are left to the Commission's discretion and will be reversed on appeal only if that discretion is abused. Hoskins Taxi Service v. Pa. P.U.C., 486 A.2d 1030 (Pa. Comwlth. 1985). In ruling upon a petition for reinstatement, it is incumbent upon this Commission to examine all relevant factors in order to reach an equitable result. Medical Transportation, Inc., 57 Pa. P.U.C. 79 (1983).
The Commission has identified five factors that are particularly relevant to the determination of a petition to reinstate: 1) the amount of time that elapsed between the cancellation of the certificate of public convenience and the filing of the petition to reinstate, 2) whether the petitioner has a record of habitually violating the Public Utility Code, 3) the reasonableness of the excuse given for the violation that caused the certificate to be canceled, 4) whether petitioner has implemented procedures to prevent a recurrence of the circumstances giving rise to the subject complaint, and 5) all assessments must be current prior to reinstatement. Re:, M.S. Carriers, Inc., Docket No. A-00110601 (May 4, 1999).
In considering the first factor, we note that approximately 10 weeks elapsed between the cancellation on April 4, 2002, and AAI's request for reinstatement on June 13, 2002.
In regard to the second factor, AAI does not have a record of habitually violating the Public Utility Code. The instant violation that led to cancellation of its certificate has been the only complaint against AAI since the issuance of its certificate in 1997.
In considering the third and fourth factors, AAI states that its failure to file its 1999 Annual Report was due to an administrative oversight. AAI states that it has contracted the services of Telecom Compliance Services, Inc. to ensure that its regulatory compliance remains in good standing. AAI's excuse for the violation appears reasonable, and the fact that AAI has taken steps to ensure future compliance militates toward reinstatement.
The fifth factor requires that all outstanding fines and/or assessments be paid prior to reinstatement. A review of Commission records shows that AAI currently has no unpaid fines or assessments.
Based upon the foregoing, we grant AAI's petition for reinstatement. However, we caution AAI that in the future annual reports must be timely filed and all Commission correspondence must be answered in a timely manner; Therefore,
It is Ordered:
1. That the Petition to Reinstate filed by Association Administrators, Inc. at C-00015662 on June 13, 2002, is hereby granted.
2. That the certificate of public convenience held by Association Administrators, Inc. at A-310527 is hereby reinstated.
3. That the Secretary serve a copy of this Order upon all jurisdictional telecommunications carriers and also cause a copy of this Order to be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
[Pa.B. Doc. No. 02-1503. Filed for public inspection August 23, 2002, 9:00 a.m.]
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