DATE:	January 12, 2006
TO:	Director, Division of the Commission Clerk & Administrative Services (Bayó)
FROM:	Division of Competitive Markets & Enforcement (Isler) Office of the General Counsel (Scott)
RE:	Docket No. 050706-TI – Compliance investigation of First Communications, LLC, IXC Registration No. TJ398, for apparent violation of Section 364.336, F.S.
AGENDA:	01/24/06 – Regular Agenda – Interested Persons May Participate
COMMISSIONERS ASSIGNED:		All Commissioners
PREHEARING OFFICER:		Edgar
CRITICAL DATES:		None
SPECIAL INSTRUCTIONS:		None
FILE NAME AND LOCATION:		S:\PSC\CMP\WP\050706.RCM.DOC

 

 Discussion of Issues

Issue 1: 

 Should the Commission accept the settlement offer proposed by First Communications, LLC, as listed on Attachment A, to resolve the apparent violation of Section 364.336, Florida Statutes?

Recommendation: 

 Yes, the settlement proposal should be accepted.  (Isler, Scott)

Staff Analysis: 

 See attached proposed Order.

Issue 2: 

 Should this docket be closed?

Recommendation: 

 If the Commission approves staff’s recommendation in Issue 1, this docket should be closed upon receipt of the $200 contribution or cancellation of the company’s intrastate interexchange telecommunications tariff and removal from the register.  (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

 

                                                                       

In re: Compliance investigation of First Communications, LLC, IXC Registration No. TJ398, for apparent violation of Section 364.336, F.S.

DOCKET NO. 050706-TI ORDER NO. ISSUED:

 

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

 

 

ORDER APPROVING SETTLEMENT

 

BY THE COMMISSION:

 

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 service.

            First Communications, LLC currently holds Registration No. TJ398, issued by this Commission on December 1, 2000, authorizing the provision of intrastate interexchange telecommunications service.  The Division of the Commission Clerk and Administrative Services advised our staff that First Communications, LLC 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 2004.  Also, accrued statutory late payment charges required by Section 350.113(4), Florida Statutes, for the year 2004 had not been paid.  The entity was scheduled to remit its 2004 Regulatory Assessment Fee by January 31, 2005.  In addition, on July 29, 2005, our staff wrote the company and advised that payment of the 2004 Regulatory Assessment Fee should be paid by August 19, 2005, to avoid a docket from being established.

 

After this docket was established, the company contacted our staff, paid the past due amount, including statutory late payment charges, and proposed to pay a $200 contribution.  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 believe that the terms of the settlement agreement represent a fair and reasonable resolution of this matter.  Accordingly, we hereby accept the settlement offer.  First Communications, LLC 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 $200 contribution or cancellation of the company’s registration, this docket shall be closed.  If First Communications, LLC’s IXC tariff is cancelled and registration is cancelled in accordance with this Order, the company shall immediately cease and desist providing intrastate interexchange telecommunications service in Florida.  We are vested with jurisdiction over this matter pursuant to Sections 364.336, 364.02, and 364.285, Florida Statutes.

 

            Based on the foregoing, it is

 

            ORDERED by the Florida Public Service Commission that First Communications, LLC’s settlement proposal set forth in the body of this Order is hereby approved.  It is further

 

            ORDERED that the settlement amount must be received within 14 days of the issuance of this Order.  It is further

 

            ORDERED that this docket shall remain open pending timely receipt of the $200 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 First Communications, LLC fails to comply with this Order, its IXC tariff and registration will be cancelled administratively.  It is further

 

            ORDERED that if First Communications, LLC’s IXC tariff and registration is cancelled in accordance with this Order, First Communications, LLC shall immediately cease and desist providing intrastate interexchange telecommunications service in Florida.  It is further

 

            ORDERED that upon receipt of the $200 contribution or cancellation of the tariff and registration, this docket shall be closed.

 

            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 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.