[39 Pa.B. 5529]
[Saturday, September 19, 2009]
Public Meeting held
August 27, 2009
Commissioners Present: James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Kim Pizzingrilli; Wayne E. Gardner; Robert F. Powelson
In re: Dynalink Communications, Inc.;
Doc. No. A-311424
By the Commission:
Dynalink Communications, Inc. (Dynalink) has failed to file its 2007 Annual Report pursuant to section 504 of the Public Utility Code. 66 Pa.C.S. § 504. Specifically, 66 Pa.C.S. § 504 provides that:The commission may require any public utility to file periodical reports, at such times, and in such form, and of such content, as the commission may prescribe, and special reports concerning any matter whatsoever about which the commission is authorized to inquire, or to keep itself informed, or which it is required to enforce.
Dynalink is a reseller of interexchange toll services certificated at A-311424. By Default Order entered March 19, 2009, the Commission revoked Dynalink's certificate as a competitive local exchange carrier that was docketed at A-311424F0002. In the earlier case, Dynalink failed to respond to the complaint that was filed against it. In the present case, Dynalink has similarly failed to respond to Commission attempts by mail using the same address to have the company file the missing report.
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. Based on the above facts, we tentatively conclude that it is appropriate to revoke Dynalink's certificate of public convenience without the necessity of a formal complaint as being in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of penalties under section 3301, in lieu of cancellation, if Dynalink seeks relief from this Tentative Order; Therefore,
It Is Ordered That:
1. The revocation of Dynalink Communications, Inc.'s certificate of public convenience is hereby tentatively approved as being in the public interest.
2. The Secretary serve a copy of this Tentative Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, and the Office of Trial Staff, and also cause a copy of this Tentative Order to be published in the Pennsylvania Bulletin with a 30-day comment period.
3. The absence of the filing of adverse public comment within 30 days after publication in the Pennsylvania Bulletin, this Tentative Order shall become final without further action by the Commission.
4. Upon this order becoming final, and without further action by the Commission, the certificate of public convenience held by Dynalink Communications, Inc. at A-311424 shall be canceled, and Dynalink Communications, Inc.'s name stricken from all active utility lists maintained by 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. 09-1763. Filed for public inspection September 18, 2009, 9:00 a.m.]
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