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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-
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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 (Scott) |
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RE: |
Docket No. 050620-TX – Compliance investigation of CariLink International, Inc., CLEC Certificate No. 7909, for apparent violation of Rule 25-4.0161, F.A.C., Regulatory Assessment Fees; Telecommunications Companies.
Docket No. 050621-TX – Compliance investigation of VGM International, Inc., CLEC Certificate No. 7910, for apparent violation of Rule 25-4.0161, F.A.C., Regulatory Assessment Fees; Telecommunications Companies.
Docket No. 050628-TX – Compliance investigation of Smart Network Solutions Communications Corp, CLEC Certificate No. 8428, for apparent violation of Rule 25-4.0161, F.A.C., Regulatory Assessment Fees; Telecommunications Companies. |
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AGENDA: |
01/24/06 – Regular Agenda – Interested Persons May Participate |
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COMMISSIONERS ASSIGNED: |
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PREHEARING OFFICER: |
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SPECIAL INSTRUCTIONS: |
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FILE NAME AND LOCATION: |
S:\PSC\CMP\WP\050620.RCM.DOC |
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Issue 1:
Should the Commission accept the settlement offers proposed by the entities listed in Attachment A to resolve the apparent violation of Rule 25-4.0161, F.A.C., Regulatory Assessment Fees; Telecommunications Companies?
Recommendation:
Yes, the settlement proposals should be accepted. (Isler, Scott)
Staff Analysis:
See attached proposed Order. In Docket No. 050378-TP, Rule 25-4.0161, Florida Administrative Code, was amended effective October 6, 2005, to automatically impose a penalty for late payment of the Regulatory Assessment Fee. The amended rule does not apply to the 2004 Regulatory Assessment Fee but will apply to future Regulatory Assessment Fees.
Issue 2:
Should these dockets be closed?
Recommendation:
If the Commission approves staff’s recommendation in Issue 1, these dockets should be closed upon receipt of the $100 contribution or cancellation of each entity’s certificate. (Scott)
Staff Analysis:
Staff recommends that the Commission take action as set forth in the foregoing staff recommendation statement.
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
The following Commissioners participated in the disposition of this matter:
LISA POLAK EDGAR, Chairman
J. TERRY DEASON
ISILIO R. ARRIAGA
MATTHEW M. CARTER II
KATRINA J. TEW
BY THE COMMISSION:
The Division of the Commission Clerk and Administrative Services advised our staff that the entities listed below 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 were scheduled to remit their respective 2004 Regulatory Assessment Fees by January 31, 2005. In addition, on July 29, 2005, our staff wrote the entities specified below and advised that payment of the 2004 Regulatory Assessment Fees should be paid by August 19, 2005, to avoid dockets from being established.
Pursuant to Section 364.336, Florida Statutes, competitive local exchange telecommunications companies (CLECs) 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.
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ENTITY’S NAME |
CERTIFICATE NO. |
UNPAID RAFS |
UNPAID LATE PAYMENT CHARGES |
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CariLink International, Inc. |
7909 |
2004 |
2004 |
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VGM International, Inc. |
7910 |
2004 |
2002 2004 |
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Smart Network Solutions Communications Corp |
8428 |
2004 |
2004 |
After these dockets were established, each of the entities contacted our staff, paid the past due amounts, including statutory late payment charges, and proposed to pay a $100 contribution. In addition, each of the entities proposed to pay future Regulatory Assessment Fees on a timely basis. The settlement amount in these dockets is consistent with amounts the Commission has accepted for recent, similar violations.
We believe that the terms of the settlement agreements represent a fair and reasonable resolution of these dockets. Accordingly, we hereby accept the settlement offers. Each of the entities must comply with these requirements within 14 days from the date of issuance of this Order. The contribution should be identified with the docket number and the company name. Upon timely receipt, the contribution will be deposited in the Florida Public Service Regulatory Trust Fund, pursuant to Section 350.113, Florida Statutes. Upon remittance of the $100 contribution or cancellation of their respective certificate, each docket shall be closed. If an entity’s certificate is cancelled in accordance with this Order, that entity shall immediately cease and desist providing competitive local exchange telecommunications service in Florida. We are vested with jurisdiction over this matter pursuant to Sections 350.113, 364.336, 364.337, and 364.285, Florida Statutes.
Based on the foregoing, it is
ORDERED by the Florida Public Service Commission that each of the entities’ settlement proposal set forth in the body of this Order is hereby approved. It is further
ORDERED that each settlement amount must be received within 14 days of the issuance of this Order. It is further
ORDERED that each docket shall remain open pending timely receipt of the $100 contribution, which will be applied to the cost of collection. The contribution will be deposited in the Florida Public Service Regulatory Trust Fund. It is further
ORDERED that if an entity fails to comply with this Order, its respective competitive local exchange telecommunications certificate will be cancelled administratively. It is further
ORDERED that if the entity’s certificate is cancelled in accordance with this Order, the respective entity shall immediately cease and desist providing competitive local exchange telecommunications service in Florida. It is further
ORDERED that upon receipt of the $100 contribution or cancellation of the certificate, each docket shall be 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 )
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 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.