DATE:	March 6, 2008
TO:	Office of Commission Clerk (Cole)
FROM:	Division of Competitive Markets & Enforcement (Isler) Office of the General Counsel (McKay)
RE:	Docket No. 070685-TP – Request for cancellation of PATS Certificate No. 8557, CLEC Certificate No. 8291, and for acknowledgment of cancellation of IXC Registration No. TJ968 held by Symtelco, LLC, effective November 13, 2007.
AGENDA:	03/18/08 – 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\070685.RCM.DOC

 

 Discussion of Issues

Issue 1: 

 Should the Commission deny Symtelco, LLC, a voluntary cancellation of its PATS Certificate No. 8557, CLEC Certificate No. 8092, and IXC Registration No. TJ968 and cancel the certificates and tariff and remove the company’s name from the register on the Commission’s own motion with an effective date of November 13, 2007?

Recommendation: 

 Yes, the company should be denied voluntary cancellations as listed on Attachment A.  (Isler, McKay)

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 pays the Regulatory Assessment Fees, including applicable late payment charges, prior to the expiration of the Proposed Agency Action Order, then the cancellation of the company’s pay telephone and competitive local exchange telecommunications certificates and intrastate interexchange carrier tariff and the removal of its name from the register will be voluntary.  If the company fails to pay the Regulatory Assessment Fees, including applicable late payment charges, prior to the expiration of the Proposed Agency Action Order, then the company’s pay telephone and competitive local exchange telecommunications certificates and intrastate interexchange carrier tariff and the removal of its name from the register 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 and competitive local exchange telecommunications certificates and intrastate interexchange carrier tariff are cancelled and its name is 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 pay telephone, competitive local exchange telecommunications service, and intrastate interexchange service in Florida.  This docket should be closed administratively either upon receipt of payment of the Regulatory Assessment Fees, including applicable late payment charges, or upon cancellation of the company’s pay telephone and competitive local exchange telecommunications certificates and intrastate interexchange carrier tariff and removal of its name from the register.  (McKay)

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 PATS Certificate No. 8557, CLEC Certificate No. 8291, and for acknowledgment of cancellation of IXC Registration No. TJ968 held by Symtelco, LLC, effective November 13, 2007.

DOCKET NO. 070685-TP ORDER NO. ISSUED:

 

The following Commissioners participated in the disposition of this matter:

 

MATTHEW M. CARTER II, Chairman

LISA POLAK EDGAR

KATRINA J. MCMURRIAN

NANCY ARGENZIANO

NATHAN A. SKOP

 

 

NOTICE OF PROPOSED AGENCY ACTION ORDER

CANCELLING PAY TELEPHONE AND COMPETITIVE LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY CERTIFICATES AND INTRASTATE INTEREXCHANGE CARRIER 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.

 

Symtelco, LLC currently holds Certificate No. 8557, issued by this Commission on February 21, 2005, authorizing the provision of pay telephone service (PATS), Certificate No. 8291, issued on March 5, 2003, authorizing the provision of competitive local exchange telecommunications service (CLEC), and intrastate interexchange telecommunications (IXC) Registration No. TJ968 issued on November 4, 2004.  Pursuant to Section 364.336, Florida Statutes, telecommunications companies must pay a minimum annual Regulatory Assessment Fee (RAF) 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, Rules 25-24.514 and 25-24.820, Florida Administrative Code, provides that a company requesting cancellation of its certificates must state its intent and date to pay the current Regulatory Assessment Fee (RAF).  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 November 13 , 2007, this Commission received a letter dated November 8, 2007, from Mr. Greg Hogan, President, requesting cancellation.  The letter stated that the company ceased business in December 2006.  On November 20, 2007, our staff e-mailed the company the 2007 Regulatory Assessment Fee return forms for all three certificates/registration and a note advising the fees must be paid in order to be granted a voluntary cancellation.  The company has not responded by paying the fees or providing a date certain the fees will be paid.

 

For the reasons described above, we deny Symtelco, LLC’s request for voluntary cancellation of its PATS and CLEC certificates and IXC tariff and removal of its name from the register.  However, we find it appropriate to involuntarily cancel the pay telephone and competitive local exchange telecommunications certificates and the IXC tariff and remove the company’s name from the register, effective November 13, 2007, on this Commission’s own motion for failure to comply with Rules 25-24.514, 25-24.820, and 25-24.474, Florida Administrative Code, and pursuant to Section 364.336, Florida Statutes.

Since it appears Symtelco, LLC does not currently provide service in Florida and has requested cancellation of its certificates and registration, there would be no purpose in requiring the company to pay a penalty.  The cancellation of the PATS and CLEC certificates and IXC tariff and removal of its name from the register, in no way diminishes the entity’s obligation to pay the applicable RAFs, including applicable late payment charges.  If this Order is not protested, the company’s PATS Certificate No. 8557, CLEC Certificate No. 8291, and IXC tariff shall be cancelled and Registration No. TJ968 removed from the register, effective November 13, 2007.  If the company pays the RAFs, including applicable late payment charges, prior to the expiration of the Proposed Agency Action Order, then the cancellation of the company’s PATS and CLEC certificates and IXC tariff and removal of its name from the register shall be voluntary.  If the company fails to protest the Order or pay the RAFs, including applicable late payment charges, prior to the expiration of the Proposed Agency Action Order, then the company’s PATS and CLEC certificates and IXC tariff shall be cancelled administratively and its name removed from the register.  The collection of the past due RAFs shall be referred to the Florida Department of Financial Services for further collection efforts.  If the company’s PATS and CLEC certificates and IXC tariff are cancelled and its name removed from the register in accordance with this Order, the company shall be required to immediately cease and desist providing pay telephone service, competitive local exchange telecommunications service, and intrastate interexchange carrier service in Florida.  This docket shall be closed administratively either upon receipt of the payment of the RAFs, including applicable late payment charges, or upon cancellation of the company’s PATS and CLEC certificates and IXC tariff and removal of its name from the register.  If Symtelco, LLC’s PATS and CLEC certificates and IXC tariff are cancelled and its name removed from the register on this Commission’s own motion and it subsequently decides to reapply for a certificate as a telecommunications company, Symtelco, LLC 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, 364.337, 364.3375, 364.02, and 364.285, Florida Statutes.

Based on the foregoing, it is

ORDERED that pursuant to Rule 25-24.514, Florida Administrative Code, Symtelco, LLC’s PATS Certificate No. 8557 is hereby cancelled effective November 13, 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 pursuant to Rule 25-24.820, Florida Administrative Code, Symtelco, LLC’s CLEC Certificate No. 8291 is hereby cancelled effective November 13, 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 pursuant to Rule 25-24.474, Florida Administrative Code, Symtelco, LLC’s IXC tariff and Registration No. TJ968 is hereby cancelled and its name removed from the register effective November 13 , 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 certificates and tariff and removal of its name from the register in no way diminishes Symtelco, LLC’s obligation to pay the applicable Regulatory Assessment Fees, including applicable late payment charges.  If the company’s PATS and CLEC certificates and IXC tariff are cancelled and its name removed from the register and the company subsequently decides to reapply for a certificate/registration as a telecommunications company, that company shall be required to first pay any outstanding fees, including accrued statutory late payment charges.  It is further

ORDERED that if Symtelco, LLC pays the Regulatory Assessment Fees, including applicable late payment charges, prior to the expiration of the Proposed Agency Action Order, the cancellation of the certificate/registration shall be deemed voluntary.  It is further

ORDERED that if Symtelco, LLC does not pay the Regulatory Assessment Fees, including applicable late payment charges, 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 Symtelco, LLC’s PATS and CLEC certificates and IXC tariff are cancelled and its name removed from the register in accordance with this Order, Symtelco, LLC shall immediately cease and desist providing 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, including applicable late payment charges, or upon cancellation of the PATS and CLEC certificates and IXC tariff and removal of its name from the register.

            By ORDER of the Florida Public Service Commission this            day of                               ,             .

 

 

 

 

	ANN COLE Commission Clerk

( 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.