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PA Bulletin, Doc. No. 05-530

NOTICES

Tentative Order

[35 Pa.B. 1861]

Public Meeting held
March 3, 2005

Commissioners Present: Wendell F. Holland, Chairperson; Robert K. Bloom, Vice Chairperson; Kim Pizzingrilli

PF.Net Network Services Corp. (2003.0034.01); Doc. No. A-311047

Tentative Order

By the Commission:

   PF.Net Network Services Corp. (PF.Net) has failed to pay its Pennsylvania Universal Service Fund contributions totaling $897.96 plus late fees which are being charged at the rate of .0005% per day until payment is received. Of this amount, $673.47 is 90 days or more past due.

   Failure to pay the monthly contributions violates provisions of 47 U.S.C. § 254(f), granting the Commission the regulatory authority to establish and enforce a universal service fund, as well as the Commission's regulations governing the Pennsylvania Universal Service Fund which are found at 52 Pa. Code §§ 63.161--63.171. Specifically, 52 Pa. Code § 63.171 provides that:

A telecommunications service provider that fails to pay, in a timely manner, any contribution required under this subchapter may be prohibited from providing service in this Commonwealth and be subject to other penalty as authorized under law.

   PF.Net's latest receipt of this delinquency occurred by certified mail delivered October 25, 2004. PF.Net responded by letter dated October 28, 2004 that PF.Net was merged into PF.Net Corp. on August 21, 2003 and a certificate of merger was filed with the secretary of state of Delaware--essentially contending that this company/entity no longer exists. However, the Company never filed an application to abandon service in Pennsylvania.

   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 such other remedy as the Commission may deem appropriate. 66 Pa.C.S. §§ 504, 505, 506, and 3301.

   PF.Net was granted a certificate of public convenience by the Commission on April, 19, 2001 at A-311047. Based upon the findings of the Prosecutory Staff, we believe that it is appropriate to revoke PF.Net's certificate without the necessity of first filing a formal complaint. We are not aware that PF.Net has any current customers in Pennsylvania, and the Company is not assigned any NXX codes.

   For these reasons, we tentatively conclude that revocation of PF.Net's certificate pursuant to 66 Pa.C.S. § 1102(a)(2) is in the public interest. Furthermore, the Commission may take our appropriate action, including the imposition of penalties under section 3301, in lieu of cancellation, if PF.Net seeks relief from this Tentative Order; Therefore,

It Is Ordered That:

   1.  PF.Net Network Services Corp.'s certificate of public convenience is hereby tentatively revoked.

   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 30 days after the 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 PF.Net at A-311047 shall be revoked, 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.

   5.  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. 05-530. Filed for public inspection March 18, 2005, 9:00 a.m.]


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