Public Service Commission
Capital Circle Office Center 2540 Shumard Oak Boulevard
Tallahassee, Florida 32399-0850

DATE:	November 18, 2004
TO:	Director, Division of the Commission Clerk & Administrative Services (Bayó)
FROM:	Division of Competitive Markets & Enforcement (Isler) Office of the General Counsel (Rockette-Gray)
RE:	Compliance investigation for apparent violation of Section 364.336, Florida Statutes. Docket No. 040895-TI – Atlas Communications, Ltd. Docket No. 040898-TI – Operator Communications, Inc. d/b/a Oncor Communications, Inc. d/b/a OCI Docket No. 040900-TI – Tristar Communications Corp. Docket No. 040909-TI – Annox, Inc. Docket No. 040910-TI – Lionhart of Miami, Inc. d/b/a Astral Communications d/b/a L.O.M. Docket No. 040912-TI – Maxcess, Inc. Docket No. 040916-TI – Norstar Communications, Inc. d/b/a Business Savings Plan Inc. Docket No. 040917-TI – Gadjraj And Sons, Import & Export, Inc. d/b/a Arctics d/b/a Kaizen Docket No. 040919-TI – Globaltron Communications Corporation Docket No. 040920-TI – USA Telephone Inc. d/b/a CHOICE ONE Telecom Docket No. 040921-TI – MCG, LLC Docket No. 040922-TI – NexGen Telecom, LLC Docket No. 040923-TI – TelecomEZ Corp. Docket No. 040924-TI – MYCO Telecommunications, Inc. Docket No. 040925-TI – TELECUBA, INC. Docket No. 040929-TI – Telegenius, Inc. Docket No. 040930-TI – Power-Finder West Communications, LLC Docket No. 040932-TI – Kiger Telephone & Telephony, LLC Docket No. 040933-TI – Moving Bytes, Inc. Docket No. 040934-TI – Choice Telco, LLC Docket No. 040935-TI – Kernan Associates, Ltd. d/b/a St. Johns Technologies Docket No. 040936-TI – Universal Broadband Comunications, Inc. d/b/a Business Savings Plan Docket No. 040937-TI – Cinco Telecom Corp. d/b/a Orbitel Docket No. 040938-TI – Primo Communications Inc Docket No. 040962-TI – Telesphere, Inc. d/b/a Telesphere Services, Inc. Docket No. 040963-TI – Universal Phone Corporation Docket No. 040964-TI – Innovative Communication Solutions, Inc. Docket No. 040965-TI – Via One Technologies, Inc. Docket No. 040967-TI – CM Tel (USA) LLC Docket No. 040968-TI – Colorado Communications Network, Inc. d/b/a Hospitality Communications Docket No. 040969-TI – Metro Teleconnect Companies, Inc. Docket No. 040970-TI – Prepaid Network Corp. Docket No. 040971-TI – Direct Telephone Company, Inc. Docket No. 040980-TI – AccessLine LD Services, Inc. Docket No. 040981-TI – IBGH Communications, LLC Docket No. 040982-TI – MMG Holdings, Inc. Docket No. 040983-TI – Alpha Telecom, LLC Docket No. 040984-TI – Galway Telecommunications, LLC Docket No. 040986-TI – Nigerian-American Investment Corporation d/b/a NAIC Telecommunications
AGENDA:	11/30/04 – Regular Agenda – Interested Persons May Participate
CRITICAL DATES:		None
SPECIAL INSTRUCTIONS:		None
FILE NAME AND LOCATION:		S:\PSC\CMP\WP\040895.RCM.DOC

Discussion of Issues

Issue 1: Should the Commission impose a penalty and a cost of collection, together totaling $500, or cancel the intrastate interexchange telecommunications company’s (IXC) tariff and remove from the register each company identified in Attachment A, with an effective date of December 31, 2004, for an apparent first violation of Section 364.336, Florida Statutes?

Recommendation: Yes. (Isler; Rockette-Gray)

Staff Analysis: See attached proposed Order.

Issue 2: Should these dockets be closed?

Recommendation: Staff recommends that the Order issued from this recommendation will become final and effective upon issuance of a Consummating Order, unless a person whose substantial interests are affected by the Commission’s decision files a protest that identifies with specificity the issues in dispute, in the form provided by Rule 28-106.201, Florida Administrative Code, within 21 days of the issuance of the Proposed Agency Action Order. As provided by Section 120.80(13)(b), Florida Statutes, any issues not in dispute should be deemed stipulated. If any company fails to timely file a protest and to request a Section 120.57, Florida Statutes, hearing, the facts should be deemed admitted and the right to a hearing waived. If any company fails to pay the penalty and cost of collection, together totaling $500, and Regulatory Assessment Fees, including statutory late payment charges, within fourteen (14) calendar days after the issuance of the Consummating Order, the company’s tariff should be cancelled administratively, its name removed from the register, and the collection of the past due Regulatory Assessment Fees, including statutory late payment charges, should be referred to the Florida Department of Financial Services for further collection efforts. If any company’s tariff is cancelled and its name removed from the register in accordance with the Commission’s Order from this recommendation, the company should be required to immediately cease and desist providing intrastate interexchange telecommunications services in Florida. These dockets should be closed administratively either upon receipt of the payment of the penalty and cost of collection, and Regulatory Assessment Fees, including statutory late payment charges, or upon cancellation of the company’s tariff and removal from the register. (Rockette-Gray)

Staff Analysis: Staff recommends that the Commission take action as set forth in the foregoing staff recommendation statement.

BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION

In re: Compliance investigation of Atlas Communications, Ltd. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040895-TI
In re: Compliance investigation of Operator Communications, Inc. d/b/a Oncor Communications, Inc. d/b/a OCI for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040898-TI
In re: Compliance investigation of Tristar Communications Corp. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040900-TI
In re: Compliance investigation of Annox, Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040909-TI
In re: Compliance investigation of Lionhart of Miami, Inc. d/b/a Astral Communications d/b/a L.O.M. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040910-TI
In re: Compliance investigation of Maxcess, Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040912-TI
In re: Compliance investigation of Norstar Communications, Inc. d/b/a Business Savings Plan Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040916-TI
In re: Compliance investigation of Gadjraj And Sons, Import & Export, Inc. d/b/a Arctics d/b/a Kaizen for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040917-TI
In re: Compliance investigation of Globaltron Communications Corporation for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040919-TI
In re: Compliance investigation of USA Telephone Inc. d/b/a CHOICE ONE Telecom for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040920-TI

In re: Compliance investigation of MCG, LLC for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040921-TI
In re: Compliance investigation of NexGen Telecom, LLC for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040922-TI
In re: Compliance investigation of TelecomEZ Corp. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040923-TI
In re: Compliance investigation of MYCO Telecommunications, Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040924-TI
In re: Compliance investigation of TELECUBA, INC. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040925-TI
In re: Compliance investigation of Telegenius, Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040929-TI
In re: Compliance investigation of Power-Finder West Communications, LLC for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040930-TI
In re: Compliance investigation of Kiger Telephone & Telephony, LLC for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040932-TI
In re: Compliance investigation of Moving Bytes, Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040933-TI
In re: Compliance investigation of Choice Telco, LLC for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040934-TI
In re: Compliance investigation of Kernan Associates, Ltd. d/b/a St. Johns Technologies for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040935-TI
In re: Compliance investigation of Universal Broadband Communications, Inc. d/b/a Business Savings Plan for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040936-TI
In re: Compliance investigation of Cinco Telecom Corp. d/b/a Orbitel for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040937-TI
In re: Compliance investigation of Primo Communications Inc for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040938-TI
In re: Compliance investigation of Telesphere, Inc. d/b/a Telesphere Services, Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040962-TI
In re: Compliance investigation of Universal Phone Corporation for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040963-TI
In re: Compliance investigation of Innovative Communication Solutions, Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040964-TI
In re: Compliance investigation of Via One Technologies, Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040965-TI
In re: Compliance investigation of CM Tel (USA) LLC for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040967-TI
In re: Compliance investigation of Colorado Communications Network, Inc. d/b/a Hospitality Communications for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040968-TI
In re: Compliance investigation of Metro Teleconnect Companies, Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040969-TI
In re: Compliance investigation of Prepaid Network Corp. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040970-TI
In re: Compliance investigation of Direct Telephone Company, Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040971-TI
In re: Compliance investigation of AccessLine LD Services, Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040980-TI
In re: Compliance investigation of IBGH Communications, LLC for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040981-TI
In re: Compliance investigation of MMG Holdings, Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040982-TI
In re: Compliance investigation of Alpha Telecom, LLC for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040983-TI
In re: Compliance investigation of Galway Telecommunications, LLC for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040984-TI
In re: Compliance investigation of Nigerian-American Investment Corporation d/b/a NAIC Telecommunications for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040986-TI ORDER NO. ISSUED:

The following Commissioners participated in the disposition of this matter:

BRAULIO L. BAEZ, Chairman

J. TERRY DEASON

LILA A. JABER

RUDOLPH “RUDY” BRADLEY

CHARLES M. DAVIDSON

NOTICE OF PROPOSED AGENCY ACTION ORDER IMPOSING PENALTIES AND COLLECTION COSTS, AND REQUIRING PAYMENT OF DELINQUENT REGULATORY ASSESSMENT FEES, OR CANCELLING IXC TARIFFS AND REMOVAL FROM THE REGISTER FOR VIOLATION OF SECTION 364.336, FLORIDA STATUTES

BY THE COMMISSION:

NOTICE is hereby given by the Florida Public Service Commission that the action discussed herein is preliminary in nature and will become final unless a person whose interests are substantially affected files a petition for a formal proceeding, pursuant to Rule 25-22.029, Florida Administrative Code.

Pursuant to Section 364.336, Florida Statutes, intrastate interexchange telecommunications companies (IXCs) must pay a minimum annual Regulatory Assessment Fee (RAF) of $50 if the registration was active during any portion of the calendar year. Pursuant to Rule 25-4.0161(2), Florida Administrative Code, the form and applicable fees are due to the Florida Public Service Commission by January 30 of the subsequent year. Pursuant to Section 350.113(4), Florida Statutes, the Regulatory Assessment Fee return forms, for the period of January 1 through December 31, are mailed to entities at least 45 days prior to the date that payment of the fee is due. All entities that apply for registration receive a copy of our rules governing intrastate interexchange telecommunications service.

The Division of the Commission Clerk & Administrative Services advised our staff that the entities had not paid the Regulatory Assessment Fees required by Section 364.336, Florida Statutes, and Rule 25-4.0161, Florida Administrative Code, for the years specified below. Also, accrued statutory late payment charges required by Section 350.113(4), Florida Statutes, for the year(s) specified below had not been paid. The entities listed below were scheduled to remit their respective 2003 Regulatory Assessment Fees by January 30, 2004. In addition, on June 10, 2004, our staff wrote the entities specified below and advised that payment of the 2003 Regulatory Assessment Fees should be paid by July 2, 2004, to avoid dockets from being established. As of November 4, 2004, the entities listed below have not paid the past due Regulatory Assessment Fees, including statutory late payment charges, requested cancellation of their respective tariff and removal from the register, or proposed a settlement.

Pursuant to Section 364.285, Florida Statutes, this Commission may impose a penalty or cancel a registration if a company refuses to comply with Commission rules, Orders, or Florida Statutes.

ENTITY’S NAME	REGISTRATION NO.	PAST DUE RAFS	PAST DUE LATE PAYMENT CHARGES
Atlas Communications, Ltd.	TI443	2003	2003
Operator Communications, Inc. d/b/a Oncor Communications, Inc. d/b/a OCI	TI831	2003	2001 2003
Tristar Communications Corp.	TJ003	2003	1999 2001 2003
Annox, Inc.	TJ272	2003	2001 2002 2003
Lionhart of Miami, Inc. d/b/a Astral Communications d/b/a L.O.M.	TJ284	2003	1999 2000 2003
Maxcess, Inc.	TJ313	2003	2002 2003
Norstar Communications, Inc. d/b/a Business Savings Plan Inc.	TJ379	2003	2002 2003
Gadjraj And Sons, Import & Export, Inc. d/b/a Arctics d/b/a Kaizen	TJ476	2003	2002 2003
Globaltron Communications Corporation	TJ503	2003	2002 2003
USA Telephone Inc. d/b/a CHOICE ONE Telecom	TJ508	2003	2003
MCG, LLC	TJ519	2002 Bal. 2003	2001 2002 2003
NexGen Telecom, LLC	TJ533	2003	2002 2003
TelecomEZ Corp.	TJ541	2003	2001 2003
MYCO Telecommunications, Inc.	TJ563	2002 Bal. 2003	2003
TELECUBA, INC.	TJ568	2003	2003
Telegenius, Inc.	TJ574	2003	2003
Power-Finder West Communications, LLC	TJ581	2003	2003
Kiger Telephone & Telephony, LLC	TJ621	2003 Bal.	2002 2003
Moving Bytes, Inc.	TJ637	2003	2002 2003
Choice Telco, LLC	TJ657	2003	2003
Kernan Associates, Ltd. d/b/a St. Johns Technologies	TJ682	2003	2002 2003
Universal Broadband Communications, Inc. d/b/a Business Savings Plan	TJ684	2003	2003
Cinco Telecom Corp. d/b/a Orbitel	TJ716	2003	2003
Primo Communications Inc	TJ724	2003	2003
Telesphere, Inc. d/b/a Telesphere Services, Inc.	TJ735	2003	2003
Universal Phone Corporation	TJ742	2003	2003
Innovative Communication Solutions, Inc.	TJ757	2003	2003
Via One Technologies, Inc.	TJ775	2003	2003
CM Tel (USA) LLC	TJ801	2003	2003
Colorado Communications Network, Inc. d/b/a Hospitality Communications	TJ802	2003	2003
Metro Teleconnect Companies, Inc.	TJ806	2003	2003
Prepaid Network Corp.	TJ824	2003	2003
Direct Telephone Company, Inc.	TJ828	2003	2003
AccessLine LD Services, Inc.	TJ846	2003	2003
IBGH Communications, LLC	TJ855	2003	2003
MMG Holdings, Inc.	TJ860	2003	2003
Alpha Telecom, LLC	TJ861	2003	2003
Galway Telecommunications, LLC	TJ867	2003	2003
Nigerian-American Investment Corporation d/b/a NAIC Telecommunications	TJ869	2003	2003

Accordingly, we hereby find it appropriate to cancel each entity’s IXC tariff and remove each entity from the register for failure to comply with Section 364.336, Florida Statutes, and Rule 25-4.0161, Florida Administrative Code, unless each entity pays a penalty and cost of collection, together totaling $500, and remits all past due Regulatory Assessment Fees, along with accrued statutory late payment charges, to the Florida Public Service Commission. Each entity must comply with these requirements within 14 days after the issuance of the Consummating Order, as explained in the Notice of Further Proceedings attached to this Order. The payment should be identified with the docket number and the company’s name. For any payment (full or partial) of the penalty and cost of collection received, the cost of collection will be subtracted and will be deposited in the Florida Public Service Regulatory Trust Fund, pursuant to Section 350.113, Florida Statutes. Any monetary amount exceeding the cost of collection will be remitted to the Florida Department of Financial Services for deposit in the State of Florida General Revenue Fund, pursuant to Section 364.285(1), Florida Statutes.

When the appropriate fees, statutory late payment charges, penalties and collection costs are received, each docket shall be closed. Should any of the entities fail to comply with this Order within 14 days after the issuance of the Consummating Order, the entity shall have its IXC tariff cancelled and its name removed from the register, effective December 31, 2004. The collection of the past due Regulatory Assessment Fees, including statutory late payment charges, should be referred to the Florida Department of Financial Services for further collection efforts, and the dockets shall be closed. The cancellation of the tariff and removal from the register in no way diminishes any of the entities’ obligation to pay applicable delinquent Regulatory Assessment Fees and accrued statutory late payment charges. If an entity’s IXC tariff is cancelled and its name removed from the register in accordance with this Order, that entity shall immediately cease and desist providing intrastate interexchange telecommunications services in Florida. If any of the entities listed have their respective tariff cancelled and name removed from the register, and subsequently decides to reapply for registration as an intrastate interexchange telecommunications company, that company shall be required to first pay any outstanding penalties and cost of collection and fees, including accrued statutory late payment charges. We are vested with jurisdiction over this matter pursuant to Sections 364.336, 364.02, and 364.285, Florida Statutes.

Based on the foregoing, it is

ORDERED by the Florida Public Service Commission that each of the entities listed herein shall pay a penalty and cost of collection, together totaling $500, and the past due Regulatory Assessment Fees, including statutory late payment charges, to the Florida Public Service Commission for failure to comply with Section 364.336, Florida Statutes, and Rule 25-4.0161, Florida Administrative Code, within 14 days after the issuance of the Consummating Order. The cost of collection will be subtracted from any monies collected as payments (full or partial) of the penalty and cost of collection, and will be deposited, along with the past due Regulatory Assessment Fees, in the Florida Public Service Regulatory Trust Fund, pursuant to Section 350.113, Florida Statutes. The statutory late payment charges and any portion of the monies collected as payments (full or partial) of the penalty and cost of collection exceeding the cost of collection will be remitted to the Florida Department of Financial Services for deposit in the State of Florida General Revenue Fund, pursuant to Section 364.285(1), Florida Statutes. It is further

ORDERED that should any of the entities fail to comply with this Order, that entity’s tariff shall be cancelled and its name removed from the register, effective December 31, 2004, and the respective docket shall be closed. It is further

ORDERED that the cancellation of the tariff and removal from the register in no way diminishes any of the entities’ obligation to pay applicable delinquent Regulatory Assessment Fees, and accrued statutory late payment charges. If any company listed in this Order has its respective tariff cancelled and name removed from the register, and subsequently decides to reapply for registration as an intrastate interexchange telecommunications company, that company shall be required to first pay any outstanding penalties and cost of collection and fees, including accrued statutory late payment charges. Any unpaid Regulatory Assessment Fees and accrued statutory late payment charges shall be referred to the Florida Department of Financial Services for further collection efforts. It is further

ORDERED that if an entity’s tariff is cancelled and its name removed from the register in accordance with this Order, that entity shall immediately cease and desist providing intrastate interexchange telecommunications services in Florida. It is further

ORDERED that any protest to the action proposed herein shall specify the entity or entities to which it applies. It is further

ORDERED that if a protest to this Order is filed, the protest shall not prevent the action proposed herein from becoming final with regard to the remaining entities listed in this Order. It is further

ORDERED that the provisions of this Order, issued as proposed agency action, shall become final and effective upon the issuance of a Consummating Order unless an appropriate petition, in the form provided by Rule 28-106.201, Florida Administrative Code, is received by the Director, Division of the Commission Clerk and Administrative Services, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on the date set forth in the "Notice of Further Proceedings" attached hereto. It is further

ORDERED that in the event this Order becomes final, these dockets shall be closed upon receipt of the imposed penalty and cost of collection, together totaling $500, and Regulatory Assessment Fees, including statutory late payment charges, or upon cancellation of the registration.

By ORDER of the Florida Public Service Commission this day of , .

BLANCA S. BAYÓ, Director

Division of the Commission Clerk

and Administrative Services

( S E A L )

DRG

NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW

The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing that is available under Section 120.57, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing will be granted or result in the relief sought.

Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing.

The action proposed herein is preliminary in nature. Any person whose substantial interests are affected by the action proposed by this order may file a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Director, Division of the Commission Clerk and Administrative Services, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on .

In the absence of such a petition, this order shall become final and effective upon the issuance of a Consummating Order.

Any objection or protest filed in this/these docket(s) before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period.