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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 (Rojas) |
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RE: |
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AGENDA: |
05/03/05 – Regular Agenda – Proposed Agency Action – Interested Persons May Participate |
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SPECIAL INSTRUCTIONS: |
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FILE NAME AND LOCATION: |
S:\PSC\CMP\WP\041426.RCM.DOC |
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Issue 1:
Should the Commission cancel Lane Jones’ Pay Telephone Certificate No. 8517 on its own motion with an effective date of December 31, 2004; notify the Division of the Commission Clerk & Administrative Services that any unpaid Regulatory Assessment Fee should not be sent to the Florida Department of Financial Services and request permission to write-off the uncollectible amount?
Recommendation:
Yes. (Isler, Rojas)
Staff Analysis:
See attached proposed Order.
Issue 2:
Should this docket 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 entity 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. The certificate should be
cancelled administratively and the collection of the past due Regulatory
Assessment Fees, including statutory late payment charges, should not be
referred to the Florida Department of Financial Services for further collection
efforts. This docket should be closed administratively upon cancellation of the
company’s certificate. (Rojas)
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 Lane Jones for apparent violation of Rule 25-4.0161, F.A.C., Regulatory Assessment Fees; Telecommunications Companies. |
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
NOTICE OF PROPOSED AGENCY ACTION ORDER CANCELLING PAY TELEPHONE CERTIFICATE ON THE COMMISSION’S OWN MOTION
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.
On July 21, 2004, Mr. Lane Jones applied for and received Pay Telephone Certificate No. 8517, which became effective October 8, 2004. On December 20, 2004, the Commission received a letter from Ms. Virginia K. Cronk advising that Mr. Jones passed away on September 7, 2004. Ms. Cronk subsequently provided the Commission with a copy of Mr. Jones’ death certificate.
Pursuant to Section 364.336, Florida Statutes, certificate holders must pay a minimum annual Regulatory Assessment Fee 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 certification receive a copy of our rules governing pay telephone service.
Rule 25-24.514(2)(a) and (b), Florida Administrative Code, provides that a company may request cancellation of its certificate from the Commission by either paying the current year’s Regulatory Assessment Fee or providing a date certain the Regulatory Assessment Fee will be paid and include a statement of why the certificate is proposed to be cancelled. Although we cannot grant a voluntary cancellation of Mr. Lane’s certificate, we will cancel the certificate on our own motion and request permission to write-off the 2004 Regulatory Assessment Fee. The cancellation of a certificate on the Commission’s own motion due to the death of the certificate holder is consistent with a prior Commission decision. In Docket No. 030685-TC, by Order No. PSC-03-1171-PAA-TC, issued October 20, 2003, the Commission cancelled Hughes’ Pay Telephones on its own motion and notified the Division of the Commission Clerk & Administrative Services that the past due Regulatory Assessment Fees, including statutory late payment charges, should not be sent to the Florida Department of Financial Services for collection, and instead, requested permission for the Commission to write-off the uncollectible amount. We are vested with jurisdiction over this matter pursuant to Sections 364.336, 364.285, and 364.3375, Florida Statutes.
Accordingly, we will cancel Payphone Certificate No. 8517 on the Commission’s own motion, effective December 31, 2004. In addition, the Division of the Commission Clerk & Administrative Services will be notified that the 2004 Regulatory Assessment Fee, shall not be sent to the Florida Department of Financial Services for collection, but that permission for the Commission to write-off the uncollectible amount will be requested.
Based on the foregoing, it is
ORDERED by the Florida Public Service Commission that Mr. Lane Jones’ Pay Telephone Certificate No. 8517 to provide pay telephone services is hereby cancelled with an effective date of December 31, 2004. It is further
ORDERED that the outstanding Regulatory Assessment Fee should not be sent to the Department of Financial Services for collection. The Division of the Commission Clerk and Administrative Services, instead, shall request for permission to write-off the uncollectible amount. 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, this docket shall be closed upon cancellation of the certificate.
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 )
JPR
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.