Recommendation (Regular)

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

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 must pay a minimum annual Regulatory Assessment Fee 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. In addition, each entity has had a prior docket for the same statute violation in which each entity proposed a settlement to resolve its respective docket or paid the penalty imposed.

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. Since this is the second docket established for nonpayment of the Regulatory Assessment Fees, the companies should be well aware when the fees are due each year.

ENTITY’S NAME	REGISTRATION NO.	PAST DUE RAFS	PAST DUE LATE PAYMENT CHARGES
International Telcom, Ltd.	TI587	2003	2003
World Access Communications Corp.	TI910	2003	2003
Interactive Media Technologies, Inc. d/b/a GlobalTel	TJ022	2003	2001 2003
Vox Populi Telecommunications, Inc.	TJ045	2003	2000 2003
MicroSun Telecommunications, Inc.	TJ071	2003	2003
Public Telephone Network, Inc.	TJ153	2003	2003
The Free Network, L.L.C.	TJ237	2003	2003
Direct One, LLC	TJ253	2003	2003
InterCept Communications Technologies, Inc.	TJ266	2003	2003
TelSouth Communications, Inc.	TJ291	2003	2003
MultiPhone Latin America, Inc.	TJ375	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 $1,000, 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 Fee, 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 $1,000, 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 $1,000, 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 )

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.

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 (Scott)
RE:	Compliance investigation for apparent violation of Section 364.336, Florida Statutes. Docket No. 040897-TI – International Telcom, Ltd. Docket No. 040899-TI – World Access Communications Corp. Docket No. 040901-TI – Interactive Media Technologies, Inc. d/b/a GlobalTel Docket No. 040902-TI – Vox Populi Telecommunications, Inc. Docket No. 040903-TI – MicroSun Telecommunications, Inc. Docket No. 040904-TI – Public Telephone Network, Inc. Docket No. 040906-TI – The Free Network, L.L.C. Docket No. 040907-TI – Direct One, LLC Docket No. 040908-TI – InterCept Communications Technologies, Inc. Docket No. 040911-TI – TelSouth Communications, Inc. Docket No. 040913-TI – MultiPhone Latin America, Inc.
AGENDA:	11/30/04 – Regular Agenda – Proposed Agency Action – Interested Persons May Participate
CRITICAL DATES:		None
SPECIAL INSTRUCTIONS:		None
FILE NAME AND LOCATION:		S:\PSC\CMP\WP\040897.RCM.DOC

In re: Compliance investigation of International Telcom, Ltd. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040897-TI
In re: Compliance investigation of World Access Communications Corp. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040899-TI
In re: Compliance investigation of Interactive Media Technologies, Inc. d/b/a GlobalTel for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040901-TI
In re: Compliance investigation of Vox Populi Telecommunications, Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040902-TI
In re: Compliance investigation of MicroSun Telecommunications, Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040903-TI
In re: Compliance investigation of Public Telephone Network, Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040904-TI
In re: Compliance investigation of The Free Network, L.L.C. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040906-TI
In re: Compliance investigation of Direct One, LLC for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040907-TI
In re: Compliance investigation of InterCept Communications Technologies, Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040908-TI
In re: Compliance investigation of TelSouth Communications, Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040911-TI
In re: Compliance investigation of MultiPhone Latin America, Inc. for apparent violation of Section 364.336, Florida Statutes.	DOCKET NO. 040913-TI ORDER NO. ISSUED:

Issue 1: Should the Commission impose a penalty and a cost of collection, together totaling $1,000, 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 second violation of Section 364.336, Florida Statutes?

Recommendation: Yes. (Isler; Scott)

Staff Analysis: See attached proposed Order.

Issue 2: Should these dockets be closed?

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