DATE:	May 4, 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. 050821-TC – Compliance investigation of Conversant Technologies, Inc., PATS Certificate No. 8020, for apparent violation of Rule 25-4.0161, F.A.C., Regulatory Assessment Fees; Telecommunications Companies.
AGENDA:	05/16/06 – Regular Agenda – 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\050821.RCM.DOC

 

 Discussion of Issues

Issue 1: 

 Should the Commission accept the settlement offer proposed by Conversant Technologies, Inc., as 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 proposal 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 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.  (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 Conversant Technologies, Inc., PATS Certificate No. 8020, for apparent violation of Rule 25-4.0161, F.A.C., Regulatory Assessment Fees; Telecommunications Companies.

DOCKET NO. 050821-TC 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, pay telephone companies 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.

 

            Conversant Technologies, Inc. currently holds Certificate No. 8020, issued by this Commission on February 4, 2002, authorizing the provision of Pay Telephone service.  The Division of the Commission Clerk and Administrative Services advised our staff that Conversant Technologies, Inc. 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, which was due by January 31, 2005.  Also, accrued statutory late payment charges required by Section 350.113(4), Florida Statutes, for the year 2004 had not been paid. 

 

            On December 19, 2005, Order No. PSC-05-1237-PAA-TC was issued, which penalized the company $500 or cancelled its payphone certificate.  The company had until January 9, 2006, to respond to the Order.  On December 29, 2005, the company responded to the Proposed Agency Action Order by paying the 2004 fee, along with statutory late payment charges, and a $100 settlement to resolve this docket.  This amount is consistent with amounts the Commission has accepted for recent, similar violations.  While the company proposed to pay future RAFs on a timely basis, we add that Rule 25-4.0161, F.A.C., as amended, will automatically impose a penalty for late payment of future RAFs.

 

            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.  The cost of collection will be subtracted from the amount received and will be deposited in the Florida Public Service Regulatory Trust Fund, to offset the cost of collection incurred by the Commission.  We are vested with jurisdiction over this matter pursuant to Sections 350.113, 364.336, 364.3375, and 364.285, Florida Statutes.

 

            Based on the foregoing, it is

 

            ORDERED by the Florida Public Service Commission that Conversant Technologies, Inc.’s $100 contribution was paid as terms of the proposed settlement.  It is further

 

            ORDERED that this Commission shall subtract the cost of collection from the amount received and deposit it in the Florida Public Service Regulatory Trust Fund, to offset the cost of collection incurred by the Commission.  It is further

 

            ORDERED that this docket is hereby 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.