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PA Bulletin, Doc. No. 01-1539


Default Order

[31 Pa.B. 4614]

Public Meeting held
July 26, 2001

Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick

Law Bureau Prosecutory Staff v. LEC-Link (2000.0348); C-00015466

Default Order

By the Commission:

   On November 16, 1998, the Commission entered an Order approving the application of LEC-Link at A-310678 for authority to offer telecommunications services as a reseller of interexchange (IXC) toll services within Pennsylvania. However, no certificate of public convenience was ever issued formalizing the company's provisional authority to compete as an IXC reseller because the initial tariff regarding this service was never filed with the Commission.

   On March 8, 2001, Law Bureau Prosecutory Staff mailed a letter to LEC-Link stating that its IXC reseller authority may be rescinded if the Commission did not receive an initial tariff within 60 days from the date of the letter.

   Having not received a tariff from LEC-Link within the specified time, on May 22, 2001, Law Bureau Prosecutory Staff filed a complaint against LEC-Link. The Complaint charged that LEC-Link violated Section 1302 of the Public Utility Code, 66 Pa.C.S. § 1302, relating to the filing of tariffs, by not filing an initial tariff within the prescribed time. Section 1302 provides in pertinent part:

Under such regulations as the commission may prescribe, every public utility shall file with the commission, within such time and in such form as the commission may designate, tariffs showing all rates established by it and collected or enforced, or to be collected or enforced, within the jurisdiction of the commission.

   According to the post office receipt, service of the complaint was perfected on May 23, 2001. To date, more than 20 days later, no answer has been filed to the complaint and no tariff has been filed. Moreover, our records show that LEC-Link has no reported customers at this time; Therefore, It Is Ordered:

   1.  That the allegations in Law Bureau Prosecutory Staff's complaint are deemed admitted and the complaint is thereby sustained.

   2.  That the Secretary serve a copy of this order upon all jurisdictional telecommunication carriers and also cause a copy of this order to be published in the Pennsylvania Bulletin with a 20-day comment period.

   3.  That LEC-Link immediately cease providing service to any new customers and, within 10 days of the entry date of this order, provide a written notice to any existing customers directing each to select an alternative carrier service provider within 30 days of the date of the notice. Such notice must include a statement of the Commission's intent to cancel LEC-Link's provisional authority absent adverse public comment within the 20-day time constraint established pursuant to Ordering Paragraph No. 2, above.

   4.  That absent the filing of adverse comment, 30 days after publication in the Pennsylvania Bulletin and without further action by the Commission, LEC-Link's provisional authority at A-310678, 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 Audits.


[Pa.B. Doc. No. 01-1539. Filed for public inspection August 17, 2001, 9:00 a.m.]

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