DATE:	February 16, 2006
TO:	Director, Division of the Commission Clerk & Administrative Services (Bayó)
FROM:	Division of Competitive Markets & Enforcement (Isler) Office of the General Counsel (Tan, Teitzman)
RE:	Docket No. 050960-TP – Request for cancellation of CLEC Certificate No. 7493 and for acknowledgment of cancellation of IXC Registration No. TJ376 effective December 27, 2005, by U.S. TelePacific Corp. d/b/a TelePacific Communications.
AGENDA:	02/28/06 – Regular Agenda – Proposed Agency Action – Interested Persons May Participate
COMMISSIONERS ASSIGNED:		All Commissioners
PREHEARING OFFICER:		Administrative
CRITICAL DATES:		None
SPECIAL INSTRUCTIONS:		None
FILE NAME AND LOCATION:		S:\PSC\CMP\WP\050960.RCM.DOC

 

 Discussion of Issues

Issue 1: 

 Should the Commission deny U.S. TelePacific Corp. d/b/a TelePacific Communications a voluntary cancellation of its competitive local exchange company (CLEC) Certificate No. 7493 and IXC tariff and Registration No. TJ376 and cancel the certificate and tariff and remove the company’s name from the register on the Commission’s own motion with an effective date of December 27, 2005?

Recommendation: 

 Yes, the company should be denied a voluntary cancellation as listed on Attachment A.  (Isler, Tan, Teitzman)

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 the company 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.  If the company fails to pay the Regulatory Assessment Fees within fourteen (14) calendar days after the issuance of the Consummating Order, the company’s CLEC certificate and IXC tariff should be cancelled administratively, the company’s name should be removed from the register, and the collection of the past due Regulatory Assessment Fees should be referred to the Florida Department of Financial Services for further collection efforts.  If the company’s CLEC certificate and IXC tariff are cancelled and its name removed from the register in accordance with the Commission’s Order from this recommendation, the company should be required to immediately cease and desist providing competitive local exchange and intrastate interexchange telecommunications services in Florida.  This docket should be closed administratively either upon receipt of the payment of the Regulatory Assessment Fees or upon cancellation of the company’s CLEC certificate and IXC tariff and removal of its name from the register.

Staff Analysis: 

 Staff recommends that the Commission take action as set forth in the foregoing staff recommendation statement.

BEFORE THE PUBLIC SERVICE COMMISSION

 

                                                                       

In re: Request for cancellation of CLEC Certificate No. 7493 and for acknowledgment of cancellation of IXC Registration No. TJ376 effective December 27, 2005, by U.S. TelePacific Corp. d/b/a TelePacific Communications.

DOCKET NO. 050960-TP 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

 

 

NOTICE OF PROPOSED AGENCY ACTION ORDER

CANCELLING COMPETITIVE LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY CERTIFICATE AND INTRASTATE INTEREXCHANGE TELECOMMUNICATIONS TARIFF AND REGISTRATION 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.

 

U.S. TelePacific Corp. d/b/a TelePacific Communications currently holds Competitive Local Exchange Telecommunications (CLEC) Certificate No. 7493, issued by this Commission on July 18, 2000, authorizing the provision of competitive local exchange telecommunications service.  The company also holds Intrastate Interexchange Telecommunications (IXC) Registration No. TJ376, issued by this Commission on July 31, 2000.  Pursuant to Section 364.336, Florida Statutes, telecommunications companies must pay a minimum annual Regulatory Assessment Fee of $50 for each certificate or registration if the certificate or 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.  In addition, Rule 25-24.820, Florida Administrative Code, provides that a competitive local exchange telecommunications company requesting cancellation of its certificate must state its intent and date to pay the current Regulatory Assessment Fee.  Rule 25-24.474, Florida Administrative Code, provides that intrastate interexchange companies must pay any current and past due Regulatory Assessment Fees with its request for cancellation.  All entities that apply for certification and registration receive a copy of our rules governing competitive local exchange and intrastate interexchange telecommunications services.

            On December 27, 2005, the Commission received a letter from the company dated December 19 , 2005, requesting cancellation and advising it had no customers in Florida.  The company did not include the 2005 Regulatory Assessment Fees.  The original 2005 Regulatory Assessment Fee return notices were mailed on December 12, 2005, and our staff e-mailed the company another copy of the return notices on January 18, 2005.  Our staff advised the company that the 2005 Regulatory Assessment Fees were due by January 30, 2006.  As of February 7, 2006, payment has not been received.

 

For the reasons described above, we deny U.S. TelePacific Corp. d/b/a TelePacific Communications’ request for voluntary cancellation of its CLEC certificate and IXC tariff and removal of its name from the register.  However, we find it appropriate to involuntarily cancel the CLEC certificate and IXC tariff and remove the company’s name from the  register, effective December 27, 2005, on this Commission’s own motion for failure to comply with Rules 25-24.820 and 25-24.474, Florida Administrative Code, and pursuant to Section 364.336, Florida Statutes.

Since it appears U.S. TelePacific Corp. d/b/a TelePacific Communications does not provide service in Florida and has requested cancellation of its certificate and registration, there would be no purpose in requiring the company to pay a penalty.  By cancelling the company’s CLEC certificate and IXC tariff, and removing its name from the register on this Commission’s own motion, however, we would be able to track the company should it apply for another certificate or register with us in the future.  The cancellation of the CLEC certificate, IXC tariff, and removal of its name from the register in no way diminishes the entity’s obligation to pay the applicable Regulatory Assessment Fees.  If this Order is not protested, the company’s CLEC Certificate No. 7493 and IXC tariff shall be cancelled, and Registration No. TJ376 removed from the register, effective December 27, 2005.  The collection of the past due fees shall be referred to the Florida Department of Financial Services for further collection efforts.  If U.S. TelePacific Corp. d/b/a TelePacific Communications’ CLEC certificate and IXC tariff are cancelled, and its name is removed from the register in accordance with this Order, the company shall immediately cease and desist providing competitive local exchange and intrastate interexchange telecommunications services in Florida.  If U.S. TelePacific Corp. d/b/a TelePacific Communications’ CLEC certificate and IXC tariff are cancelled, and the company subsequently decides to reapply for a certificate as a competitive local exchange company or to register as an intrastate interexchange telecommunications company, that company shall be required to first pay any outstanding penalties and cost of collection and fees, including accrued statutory late payment charges.  We are vested with jurisdiction over these matters pursuant to Sections 350.113, 364.336, 364.337, 364.02, and 364.285, Florida Statutes.

 

Based on the foregoing, it is

ORDERED that pursuant to Rule 25-24.820, Florida Administrative Code, U.S. TelePacific Corp. d/b/a TelePacific Communications’ CLEC Certificate No. 7493 is hereby cancelled effective December 27, 2005, on this Commission’s own motion for failure to pay the past due Regulatory Assessment Fee pursuant to Section 364.336, Florida Statutes, and Rule 25-4.0161, Florida Administrative Code.  It is further

ORDERED that pursuant to Rule 25-24.474, Florida Administrative Code, U.S. TelePacific Corp. d/b/a TelePacific Communications’ IXC tariff and Registration No. TJ376 is hereby cancelled and its name removed from the register effective December 27, 2005, on this Commission’s own motion for failure to pay the past due Regulatory Assessment Fee pursuant to Section 364.336, Florida Statutes, and Rule 25-4.0161, Florida Administrative Code.  It is further

ORDERED that the collection of the Regulatory Assessment Fees shall be referred to the Florida Department of Financial Services for further collection efforts.  It is further

ORDERED that the cancellation of the CLEC certificate and IXC tariff, including removal of its name from the register, in no way diminishes U.S. TelePacific Corp. d/b/a TelePacific Communications’ obligation to pay the applicable Regulatory Assessment Fees.  If U.S. TelePacific Corp. d/b/a TelePacific Communications’ CLEC certificate and IXC tariff are cancelled and its name removed from the register, and the company subsequently decides to reapply for a certificate as a competitive local exchange company and to register as an intrastate interexchange telecommunications company, that company shall be required to first pay any outstanding penalties and cost of collection and fees, including accrued statutory late payment charges.  It is further

ORDERED that if U.S. TelePacific Corp. d/b/a TelePacific Communications’ CLEC certificate and IXC tariff are cancelled and its name removed from the register in accordance with this Order, the company shall immediately cease and desist providing competitive local exchange and intrastate interexchange telecommunications services in Florida.  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 receipt of the Regulatory Assessment Fees, or upon cancellation of the CLEC certificate and IXC tariff, and removal of the company’s name from the register.

 

 

            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 )

 

LT/AT

 

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.