[33 Pa.B. 2728]
Public Meeting held
May 22, 2003
Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Glen R. Thomas; Kim Pizzingrilli
Onyx Telcom Inc.; A-311127
By the Commission:
Onyx Telcom Inc. (Onyx) has failed to return the Annual Assessment Report for Fiscal Year 2003/2004 mailed by the Fiscal Office on February 13, 2003, under section 520(b) of the Public Utility Code, 66 Pa.C.S. § 520(b). Onyx is a telecommunications interexchange reseller certificated at A-311127. Telephone calls to the last known business address of Onyx confirmed that the number is disconnected and no information is available for any new phone number. At this point, there is no reasonable means to reach the company, and it has failed in its responsibility to notify the Commission of any address or phone number changes.
The Commission puts 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 another remedy as the Commission may deem appropriate. 66 Pa.C.S. §§ 504, 505, 506 and 3301. Based on the findings of the Commission staff, we believe that it is appropriate to revoke Onyx's certificate of public convenience without the necessity of first filing a formal complaint. For these reasons, we tentatively conclude that revocation of Onyx's certificate of public convenience under 66 Pa.C.S. § 1102(a)(2) will not be detrimental to the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of penalties under section 3301, instead of cancellation, if Onyx seeks relief from the Tentative Order; Therefore,
It Is Ordered That:
1. Revocation of Onyx's certificate of public convenience is hereby tentatively approved as being in the public interest.
2. A copy of this Tentative Order be published in the Pennsylvania Bulletin giving all persons having an interest in this proceeding 30 days from the date of publication to file a written response.
3. Absent the filing of adverse public comment within 30 days after publication in the Pennsylvania Bulletin, this Tentative Order shall become final without further order of this Commission.
4. Upon this order becoming final and without further action by the Commission, the certificate of public convenience held by Onyx Telcom Inc. at A-311127 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 Administrative Services.
JAMES J. MCNULTY,
[Pa.B. Doc. No. 03-1103. Filed for public inspection June 6, 2003, 9:00 a.m.]
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