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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\040986.RCM.DOC |
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Issue 1: Should the Commission accept the settlement offer proposed by Nigerian-American Investment Corporation d/b/a NAIC Telecommunications 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: 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 Nigerian-American Investment Corporation d/b/a NAIC Telecommunications for apparent violation of Section 364.336, Florida Statutes. |
ORDER NO. ISSUED: |
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 Nigerian-American Investment Corporation d/b/a NAIC Telecommunications had not paid the Regulatory Assessment Fee required by Section 364.336, Florida Statutes, and Rule 25-4.0161, Florida Administrative Code, for the year 2003. Also, accrued statutory late payment charges required by Section 350.113(4), Florida Statutes, for 2003 had not been paid. The company was scheduled to remit its 2003 Regulatory Assessment Fees by January 30, 2004. In addition, on June 10, 2004, our staff wrote the company and advised that payment of the 2003 Regulatory Assessment Fees should be paid by July 2, 2004, to avoid a docket from being established.
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 company (IXC) service.
After the docket was established, Nigerian-American Investment Corporation d/b/a NAIC Telecommunications contacted our staff and advised that the 2003 Regulatory Assessment Fee return form was never received for its IXC registration. The company has since paid the 2003 and 2004 fees, along with statutory late payment charges for 2003. Staff determined that a 2003 return form and a delinquent notice were not sent to the company. Nigerian-American Investment Corporation d/b/a NAIC Telecommunications received its IXC registration on December 31, 2003.
Due to the extenuating circumstances, we believe that Nigerian-American Investment Corporation d/b/a NAIC Telecommunications should be allowed to comply with Commission rules, Florida Statutes, and Commission Orders on a going-forward basis and that it would serve no purpose to penalize Nigerian-American Investment Corporation d/b/a NAIC Telecommunications. The company proposed to pay future fees on a timely basis.
We are vested with jurisdiction over this matter pursuant to Sections 364.336, 364.02, 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.
Based on the foregoing, it is
ORDERED by the Florida Public Service Commission that Nigerian-American Investment Corporation d/b/a NAIC Telecommunications’ settlement proposal summarized in the body of this Order is hereby approved. It is further
ORDERED that this docket is 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.