For an official paper copy, contact the Florida Public ServiceCommission at contact@psc.state.fl.us or call (850) 413-6770. There may be a charge for the copy.
State of Florida
Public Service
Commission
Capital Circle Office Center 2540 Shumard
Oak Boulevard
Tallahassee, Florida 32399-0850
-M-E-M-O-R-A-N-D-U-M-
|
DATE: |
||
|
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: |
Docket No. 040991-TC – Daytona International Speedway, Inc. Docket No. 040992-TC – Hollywood Billiards, Inc. Docket No. 040993-TC – Richard A. Kral Docket No. 040996-TC – Quality Wholesale Florist Supply, Inc. Docket No. 040998-TC – U.S. Payphones, Inc. Docket No. 041020-TC – Ron Kain Docket No. 041022-TC – Hans L. Singh d/b/a Southwest Communications Docket No. 041023-TC – Frentel Communications, Inc. Docket No. 041025-TC – Paytel USA, Inc. Docket No. 041027-TC – Mar-Tina Petroleum Corp. d/b/a Texaco of Stuart Docket No. 041028-TC – First Coast Hospitality One, Inc. d/b/a Johnny Leverock's Seafood House Docket No. 041029-TC – Nations Communication, Inc. Docket No. 041031-TC – Bay Public Communications, Inc. Docket No. 041032-TC – Kerstin K Krieger d/b/a All American Warrior Vending Docket No. 041033-TC – Gracia Inzerillo Docket No. 041034-TC – Concepts for Advanced Technology Inc. Docket No. 041035-TC – Thair Y. Said d/b/a Crossroads Texaco Docket No. 041036-TC – Robert James Durkin Docket No. 041037-TC – Morden Properties, Inc. Docket No. 041045-TC – Sarasota Jungle Gardens Inc. Docket No. 041046-TC – Sandra T. Avant d/b/a Avant Telcom Docket No. 041047-TC – Donald R. Peterson and Myrna A. Peterson d/b/a F.C. Communications Docket No. 041048-TC – Gilbert Green Docket No. 041051-TC – William Reilly Docket No. 041052-TC – Rose Manor, A.L.F., Inc. Docket No. 041053-TC – Chris OConnell Docket No. 041054-TC – T & P Enterprises of Bay County, Inc. d/b/a Laguna Beach Christian Retreat Docket No. 041058-TC – A & G Investment Property, Inc. Docket No. 041059-TC – Public Telephone Corporation Docket No. 041060-TC – Brothers Services Corporation Docket No. 041061-TC – Jestel Corporation |
|
|
AGENDA: |
12/07/04 – Regular Agenda – Proposed Agency Action – Interested Persons May Participate |
|
|
SPECIAL INSTRUCTIONS: |
||
|
FILE NAME AND LOCATION: |
S:\PSC\CMP\WP\040991.RCM.DOC |
|
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 PAY TELEPHONE COMPANY CERTIFICATES FOR VIOLATION OF RULE 25-4.0161, FLORIDA ADMINISTRATIVE CODE
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, pay telephone 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 pay telephone 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 May 26, 2004, our staff wrote the entities specified below and advised that payment of the 2003 Regulatory Assessment Fees should be paid by June 25, 2004, to avoid dockets from being established. As of November 15, 2004, the entities listed below have not paid the past due Regulatory Assessment Fees, including statutory late payment charges, requested cancellation of their respective certificate, or proposed a settlement.
Pursuant to Section 364.285, Florida Statutes, this Commission may impose a penalty or cancel a certificate if a company refuses to comply with Commission rules, Orders, or Florida Statutes.
|
ENTITY’S NAME |
CERTIFICATE NO. |
PAST DUE RAFS |
PAST DUE LATE PAYMENT CHARGES |
|
Daytona International Speedway, Inc. |
543 |
2003 |
1998 1999 2000 2003 |
|
Hollywood Billiards, Inc. |
2164 |
2003 |
2002 2003 |
|
Richard A. Kral |
2278 |
2003 |
2003 |
|
Quality Wholesale Florist Supply, Inc. |
3079 |
2003 |
2003 |
|
U.S. Payphones, Inc. |
3278 |
2003 |
2002 2003 |
|
Ron Kain |
4166 |
2003 |
1998 1999 2002 2003 |
|
Hans L. Singh d/b/a Southwest Communications |
4556 |
2003 |
2002 2003 |
|
Frentel Communications, Inc. |
4930 |
2003 |
2002 2003 |
|
Paytel USA, Inc. |
5592 |
2003 |
2003 |
|
Mar-Tina Petroleum Corp. d/b/a Texaco of Stuart |
5985 |
2003 |
2002 2003 |
|
First Coast Hospitality One, Inc. d/b/a Johnny Leverock’s Seafood House |
7120 |
2003 |
1999 2003 |
|
Nations Communication, Inc. |
7366 |
2003 |
2001 2003 |
|
Bay Public Communications, Inc. |
7476 |
2003 |
2003 |
|
Kerstin K Krieger d/b/a All American Warrior Vending |
7615 |
2003 |
2002 2003 |
|
Gracia Inzerillo |
7747 |
2003 |
2003 |
|
Concepts for Advanced Technology Inc. |
7776 |
2003 |
2003 |
|
Thair Y. Said d/b/a Crossroads Texaco |
7798 |
2003 |
2003 |
|
Robert James Durkin |
7809 |
2003 |
2003 |
|
Morden Properties, Inc. |
7819 |
2003 |
2001 2002 2003 |
|
Sarasota Jungle Gardens Inc. |
7920 |
2003 |
2003 |
|
Sandra T. Avant d/b/a Avant Telcom |
8062 |
2003 |
2003 |
|
Donald R. Peterson and Myrna A. Peterson d/b/a F.C. Communications |
8059 |
2003 |
2003 |
|
Gilbert Green |
8078 |
2003 |
2003 |
|
William Reilly |
8099 |
2003 |
2003 |
|
Rose Manor, A.L.F., Inc. |
8170 |
2003 |
2003 |
|
Chris OConnell |
8217 |
2003 |
2003 |
|
T & P Enterprises of Bay County, Inc. d/b/a Laguna Beach Christian Retreat |
8269 |
2003 |
2003 |
|
A & G Investment Property, Inc. |
8286 |
2003 |
2003 |
|
Public Telephone Corporation |
8300 |
2003 |
2003 |
|
Brothers Services Corporation |
8315 |
2003 |
2003 |
|
Jestel Corporation |
8372 |
2003 |
2003 |
Accordingly, we hereby find it appropriate to cancel each entity’s pay telephone company certificate 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 pay telephone company certificate cancelled, effective December 31, 2004. The collection of the past due Regulatory Assessment Fee, including statutory late payment charges, shall be referred to the Florida Department of Financial Services for further collection efforts, and the dockets shall be closed. The cancellation of the certificate in no way diminishes any of the entities’ obligations to pay applicable delinquent Regulatory Assessment Fees and accrued statutory late payment charges. If an entity’s pay telephone company certificate is cancelled in accordance with this Order, that entity shall immediately cease and desist providing pay telephone services in Florida. We are vested with jurisdiction over this matter pursuant to Sections 350.113, 364.336, 364.3375, 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 certificate shall be cancelled, effective December 31, 2004, and the respective docket shall be closed. It is further
ORDERED that the cancellation of the certificate in no way diminishes any of the entities’ obligations to pay applicable delinquent Regulatory Assessment Fees, and 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 certificate is cancelled in accordance with this Order, that entity shall immediately cease and desist providing pay telephone 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 certificate.
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 )
KS
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.