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PA Bulletin, Doc. No. 01-2247



Default Order

[31 Pa.B. 6872]

Public Meeting held
November 30, 2001

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

Law Bureau Prosecutory Staff v. Easy Cellular, Inc.; C-20016047; A-310592, F0002

Default Order

By the Commission:

   On February 11, 1999, the Commission entered an Order approving the application of Easy Cellular at A-310592, F0002, for authority to offer telecommunications services as a competitive local exchange carrier (CLEC) within Pennsylvania. On February 22, 2001, Law Bureau Prosecutory Staff mailed a letter to Easy Cellular stating that its CLEC authority may be rescinded if the Commission did not receive Easy Cellular's initial tariff within 60 days from the date of the letter. Having not received a tariff from Easy Cellular within the 60-day time limit, on August 24, 2001, Law Bureau Prosecutory Staff filed a complaint against Easy Cellular. The Complaint charged that Easy Cellular, Inc. 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 August 24, 2001. To date, more than 20 days later, no answer has been filed to the complaint and no tariff has been filed; Therefore,

It Is Ordered That:

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

   2.  Easy Cellular, Inc. immediately cease providing service to any new local exchange customers and, within 10 days of the entry date of this order, provide a written notice to any of its existing local exchange customers directing each to select an alternative local exchange 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 the company's provisional authority absent adverse public comment within the 20-day time constraint established.

   3.  Absent the filing of adverse comment, 30 days after publication in the Pennsylvania Bulletin and without further action by the Commission, Easy Cellular, Inc.'s provisional authority at A-310592, F0002 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.

   4.  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.


[Pa.B. Doc. No. 01-2247. Filed for public inspection December 14, 2001, 9:00 a.m.]

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