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DATE: |
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TO: |
Director, Division of the Commission Clerk & Administrative Services (Bayó) |
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FROM: |
Division of Competitive Markets & Enforcement (Isler) Office of the General Counsel (Rockette-Gray) |
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RE: |
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AGENDA: |
03/01/05 – Regular Agenda – Interested Persons May Participate |
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SPECIAL INSTRUCTIONS: |
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FILE NAME AND LOCATION: |
S:\PSC\CMP\WP\040862.RCM.DOC |
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Issue 1: Should the Commission accept the settlement offer proposed by Azul Tel, Inc. to resolve the apparent violation of Section 364.336, Florida Statutes?
Recommendation: Yes. (Isler, Rockette-Gray)
Staff Analysis: See attached proposed Order.
Issue
2: Should this docket be closed?
Recommendation: Yes. Staff recommends that if the Commission approves staff’s recommendation in Issue 1, this docket should be closed as no other issues need to be addressed by the Commission. (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
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In re: Compliance investigation of Azul Tel, Inc. for apparent violation of Rule 25-4.0161, FAC, Regulatory Assessment Fees; Telecommunications Companies. |
ORDER NO. |
The following Commissioners participated in the disposition of this matter:
BRAULIO L. BAEZ, Chairman
J. TERRY DEASON
RUDOLPH “RUDY” BRADLEY
CHARLES M. DAVIDSON
LISA POLAK EDGAR
BY THE COMMISSION:
The Division of the Commission Clerk & Administrative Services advised our staff that Azul Tel, Inc. had not paid the 2003 Regulatory Assessment Fee required by Section 364.336, Florida Statutes, and Rule 25-4.0161, Florida Administrative Code. Also, accrued statutory late payment charges required by Section 350.113(4), Florida Statutes, for the year 2003 had not been paid. The company was scheduled to remit its 2003 Regulatory Assessment Fee by January 30, 2004. In addition, on May 7, 2004, our staff wrote Azul Tel, Inc. and advised that payment of the 2003 Regulatory Assessment Fees should be paid by May 28, 2004, to avoid a docket from being established.
Pursuant to Section 364.336, Florida Statutes, competitive local exchange telecommunications companies must pay a minimum annual Regulatory Assessment Fee (RAF) of $50 if the certificate 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 a certificate receive a copy of our rules governing competitive local exchange telecommunications service.
After this docket was established, Azul Tel, Inc. contacted our staff, paid the past due amount in full, including statutory late payment charges, and proposed to pay a $500 contribution, which has been paid. In addition, the company proposed to pay future Regulatory Assessment Fees on a timely basis. The settlement amount in this docket is consistent with amounts the Commission has accepted for recent, similar violations.
We are vested with jurisdiction over this matter pursuant to Sections 350.113, 364.336, 364.337, and 364.285, Florida Statutes. We believe that the terms of the settlement agreement represent a fair and reasonable resolution of this docket. Accordingly, we hereby accept the settlement offer. The cost of collection will be subtracted from the amount received and will be deposited in the Florida Public Service Regulatory Trust Fund, to offset the cost of collection incurred by the Commission. Any monetary amount exceeding the cost of collection will be deposited in the General Revenue Fund.
Based on the foregoing, it is
ORDERED by the Florida Public Service Commission that Azul Tel, Inc.’s $500 contribution was paid as terms of the proposed settlement. It is further
ORDERED that this Commission shall subtract the cost of collection from the amount received and deposit it in the Florida Public Service Regulatory Trust Fund, to offset the cost of collection incurred by the Commission. Any remaining monetary amount shall be deposited in the General Revenue Fund. It is further
ORDERED that this docket is hereby closed.
By ORDER of the Florida Public Service Commission this day of , .
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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 or judicial review of Commission orders that is available under Sections 120.57 or 120.68, 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 or judicial review will be granted or result in the relief sought.
Any party adversely affected by the Commission’s final action in this matter may request: 1) reconsideration of the decision by filing a motion for reconsideration with the Director, Division of the Commission Clerk and Administrative Services, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, within fifteen (15) days of the issuance of this order in the form prescribed by Rule 25-22.060, Florida Administrative Code; or 2) judicial review by the Florida Supreme Court in the case of an electric, gas, or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Director, Division of the Commission Clerk and Administrative Services and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure.