[39 Pa.B. 6853]
[Saturday, November 28, 2009]
Public Meeting held
November 6, 2009
Commissioners Present: James H. Cawley, Chairperson; Tyrone J. Christy, Vice-Chairperson; Kim Pizzingrilli; Wayne E. Gardner, Absent; Robert F. Powelson
Law Bureau Prosecutory Staff v. Marathon Communications Corp.; Doc. No. C-2009-2130643
By the Commission:
Marathon Communications Corp. has failed to file its 2007 Annual Report with the Commission. Failure to file an annual report violates 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.
Law Bureau Prosecutory Staff filed a complaint at the above docket number for failure to file the 2007 Annual Report. However, the United States Postal Service was unable to deliver the complaint and returned it to the Commission.
Marathon Communications Corp. was issued a certificate of public convenience by the Commission as a reseller of toll services. Based upon the findings of the Law Bureau Prosecutory Staff that Marathon Communications Corp. failed to file its 2007 Annual Report, we tentatively conclude that revocation of Marathon Communications Corp.'s certificate of public convenience is in the public interest.
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; Therefore,
It Is Ordered That:
1. Revocation of Marathon Communications Corp.'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 filing of adverse public comment, 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 Marathon Communications Corp. at A-310681 will be cancelled by the Secretary's Bureau, and Marathon Communications Corp.'s name shall be 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. 09-2222. Filed for public inspection November 25, 2009, 9:00 a.m.]
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