BEFORE THE PUBLIC SERVICE COMMISSION
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In re: Request for
cancellation of PATS Certificate No. 7070 by Whitney-Phillips-T.R.F., Inc.,
effective March 5, 2007.
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DOCKET NO. 070141-TC
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 PAY TELEPHONE COMPANY CERTIFICATE
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.
Whitney-Phillips-T.R.F., Inc. currently holds Certificate
No. 7070, issued by this Commission on August 3, 1999, authorizing the provision of pay telephone service (PATS). Pursuant to Section 364.336, Florida
Statutes, pay telephone companies must pay a minimum annual Regulatory Assessment
Fee 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. In addition, Rule 25-24.514, Florida Administrative Code, provides
that a pay telephone company requesting cancellation of its certificate must
state its intent and date to pay the current Regulatory Assessment Fee.
On February 26, 2007, this Commission received the 2006 delinquent notice from the company
with the note “Company dissolved - see attached papers.” The company included
the Articles of Dissolution from the Florida Department of State, Division of
Corporations, which were filed with that agency on December 26, 2006. Our staff researched Commission records, but did not find where this Commission
was notified to cancel its pay telephone certificate. Our staff attempted to
fax the company a note but the number on file with this Commission had been
disconnected. Therefore, our staff mailed a note explaining that before a
voluntary cancellation could be recommended, the 2006 and 2007 Regulatory
Assessment Fees needed to be paid. On March 16, 2007, this Commission received the company’s payment of the 2006 fee, however, the company did not pay the 2007
fee nor provide the date it would be paid. On March 20, 2007, our staff mailed the company another note explaining that a voluntary cancellation could not be
recommended if the 2007 fee was not paid and asked for a response by April 5, 2007. As of May 18, 2007, the company has not paid the 2007 fee or provided a
date certain the fee would be paid.
For the reasons described above, we deny
Whitney-Phillips-T.R.F., Inc.’s request for voluntary cancellation of its PATS certificate.
However, we find it appropriate to involuntarily cancel the pay telephone
certificate, effective March 5, 2007, on this Commission’s own motion for failure to comply with Rule 25-24.514, Florida Administrative Code, and pursuant
to Section 364.336, Florida Statutes.
Since it appears Whitney-Phillips-T.R.F., Inc. does not
provide service in Florida and has requested cancellation of its certificate,
there would be no purpose in requiring the company to pay a penalty. The
cancellation of the PATS certificate, in no way diminishes the entity’s
obligation to pay the applicable Regulatory Assessment Fee. If this Order is
not protested, the company’s PATS Certificate No. 7070 shall be cancelled, effective
March 5, 2007. If the company pays the Regulatory Assessment Fee prior to the
expiration of the Proposed Agency Action Order, then the cancellation of the
company’s pay telephone certificate 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 pay telephone certificate
should be cancelled administratively, 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 pay
telephone certificate is cancelled in accordance with the Commission’s Order
from this recommendation, the company should be required to immediately cease
and desist providing pay telephone service in Florida. This docket should be
closed administratively either upon receipt of the payment of the Regulatory
Assessment Fee or upon cancellation of the company’s pay telephone certificate. If Whitney-Phillips-T.R.F., Inc.’s PATS
certificate is cancelled on this Commission’s own motion and it subsequently
decides to reapply for a certificate as a pay telephone company,
Whitney-Phillips-T.R.F., Inc. shall be required to first pay any outstanding
fees, including accrued statutory late payment charges. We are vested with
jurisdiction over these matters pursuant to Sections 350.113, 364.336, 364.3375, and 364.285, Florida Statutes.
Based on the foregoing, it is
ORDERED that pursuant to Rule 25-24.514, Florida
Administrative Code, Whitney-Phillips-T.R.F., Inc.’s PATS Certificate No. 7070
is hereby cancelled effective March 5, 2007, on this Commission’s own motion for failure to pay the 2007 Regulatory Assessment Fee, pursuant to Section 364.336,
Florida Statutes, and Rule 25-4.0161, Florida Administrative Code. It is
further
ORDERED that the cancellation of the certificate in no way
diminishes Whitney-Phillips-T.R.F., Inc.’s obligation to pay the applicable
Regulatory Assessment Fee. If the company’s PATS certificate is cancelled and
the company subsequently decides to reapply for a certificate as a pay
telephone company, that company shall be required to first pay any outstanding
fee, including accrued statutory late payment charges. It is further
ORDERED that if Whitney-Phillips-T.R.F., Inc. pays the Regulatory
Assessment Fee prior to the expiration of the Proposed Agency Action Order, the
cancellation of the certificate shall be deemed voluntary. It is further
ORDERED that if Whitney-Phillips-T.R.F., Inc. does not pay
the Regulatory Assessment Fee prior to the expiration of the Proposed Agency
Action Order, the collection of the Regulatory Assessment Fee shall be referred
to the Florida Department of Financial Services for further collection
efforts. It is further
ORDERED that if Whitney-Phillips-T.R.F., Inc.’s
certificate is cancelled in accordance with this Order,
Whitney-Phillips-T.R.F., Inc. shall immediately cease and desist providing pay
telephone 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 Fee, or upon
cancellation of the PATS certificate.
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.
