BEFORE THE PUBLIC SERVICE COMMISSION
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In re: Acknowledgment
of cancellation of IXC Registration No. TJ517 by Quick Tel, Inc., effective March 26, 2007.
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DOCKET NO. 070189-TI
ORDER NO.
ISSUED:
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The following
Commissioners participated in the disposition of this matter:
LISA POLAK EDGAR,
Chairman
MATTHEW M. CARTER II
KATRINA J. MCMURRIAN
NANCY ARGENZIANO
NATHAN A. SKOP
NOTICE OF PROPOSED AGENCY ACTION ORDER
CANCELLING 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.
Quick Tel,
Inc. currently holds Intrastate Interexchange Telecommunications (IXC)
Registration No. TJ517, issued by this Commission on June 15, 2001. Pursuant to Section 364.336, Florida Statutes, telecommunications companies must pay
a minimum annual Regulatory Assessment Fee 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 25-24.474, Florida
Administrative Code, provides that intrastate interexchange companies must pay
any current and past due Regulatory Assessment Fees with its request for
cancellation.
On March 22, 2007, this Commission received an unsigned letter from the company’s operation
manager, Clare McNeil, dated March 12, 2007, requesting cancellation of Quick Tel, Inc.’s IXC registration as it is no longer doing business. On March 23, 2007, our staff e-mailed Ms. McNeil a note advising that the 2006 and 2007
Regulatory Assessment Fees, along with statutory late payment charges for 2005
and 2006, had to be paid before a voluntary cancellation could be
acknowledged. The 2006 and 2007 Regulatory Assessment Fee return forms were
attached. In addition, our staff asked Ms. McNeil to sign the letter and
return it to us, along with payment of the fees. On March 26, 2007, this Commission received the signed letter requesting cancellation, however, as of May 18, 2007, the outstanding fees have not been received.
For the reasons described above, we deny Quick Tel, Inc.’s
request for voluntary cancellation of its IXC tariff and removal of its name
from the register. However, we find it appropriate to involuntarily cancel the
IXC tariff and remove the company’s name from the register, effective March 26, 2007, on this Commission’s own motion for failure to comply with Rule 25-24.474,
Florida Administrative Code, and pursuant to Section 364.336, Florida Statutes.
Since it appears Quick Tel, Inc. does not provide service
in Florida and has requested cancellation of its registration, there would be
no purpose in requiring the company to pay a penalty. The cancellation of the
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 IXC tariff shall be cancelled, and
Registration No. TJ517 removed from the register, effective March 26, 2007. If the company pays the 2006 and 2007 Regulatory Assessment Fees, along with
accrued statutory late payment charges for 2005 and 2006, prior to the
expiration of the Proposed Agency Action Order, then the cancellation of the
company’s IXC tariff and removal of its name from the register will be
voluntary. If the company fails to protest the Order or pay the Regulatory
Assessment Fees prior to the expiration of the Proposed Agency Action Order,
then the company’s IXC tariff should be cancelled administratively and its name
removed from the register, and the collection of the unpaid Regulatory
Assessment Fees should be referred to the Florida Department of Financial
Services for further collection efforts. If the company’s IXC tariff is
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 intrastate interexchange
telecommunications service 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 IXC tariff and removal of
its name from the register. If Quick Tel,
Inc.’s IXC tariff is cancelled and its name removed from the register, and the
company subsequently decides to reregister as an intrastate interexchange
telecommunications company, that company shall be required to first pay any
unpaid Regulatory Assessment Fees, including accrued statutory late payment
charges. We are vested with jurisdiction over these matters pursuant to
Sections 364.336, 364.02, and 364.285, Florida Statutes.
Based on the foregoing, it is
ORDERED that pursuant to Rule 25-24.474, Florida
Administrative Code, Quick Tel, Inc.’s IXC tariff and Registration No. TJ517 is
hereby cancelled and its name removed from the register effective March 26, 2007, on this Commission’s own motion for failure to pay the 2006 and 2007
Regulatory Assessment Fees, including accrued statutory late payment charges,
pursuant to Section 364.336, Florida Statutes, and Rule 25-4.0161, Florida
Administrative Code. It is further
ORDERED that the cancellation of the IXC tariff, including
removal of its name from the register, in no way diminishes Quick Tel, Inc.’s
obligation to pay the applicable Regulatory Assessment Fees. If Quick Tel,
Inc.’s IXC tariff is cancelled and its name removed from the register, and the
company subsequently decides to reregister as an intrastate interexchange
telecommunications company, that company shall be required to first pay any
unpaid Regulatory Assessment Fees, including accrued statutory late payment
charges. It is further
ORDERED that if Quick Tel, Inc. pays the Regulatory
Assessment Fees prior to the expiration of the Proposed Agency Action Order,
the cancellation of the tariff and removal of its name from the register shall
be deemed voluntary. It is further
ORDERED that if Quick Tel, Inc. does not pay the
Regulatory Assessment Fees prior to the expiration of the Proposed Agency
Action Order, 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 if Quick Tel, Inc.’s IXC tariff is cancelled
and its name removed from the register in accordance with this Order, the
company shall immediately cease and desist providing intrastate interexchange
telecommunications service 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 Office of
Commission Clerk, 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 IXC tariff and removal of the company’s name from the
register.
By ORDER of the Florida Public Service
Commission this
day of ,
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ANN COLE
Commission Clerk
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( S E A L )
VM
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 Office of Commission Clerk, 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.
