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DATE: |
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TO: |
Office of Commission Clerk (Cole) |
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FROM: |
Division of Regulatory Compliance (Isler) Office of the General Counsel (McKay) |
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RE: |
Docket No. 080207-TC – Request for cancellation of PATS Certificate No. 2358 by Telaleasing Enterprises, Inc. effective March 3, 2008. |
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AGENDA: |
10/28/08 – Regular Agenda – Proposed Agency Action – Interested Persons May Participate |
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COMMISSIONERS ASSIGNED: |
All Commissioners |
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PREHEARING OFFICER: |
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SPECIAL INSTRUCTIONS: |
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FILE NAME AND LOCATION: |
S:\PSC\RCP\WP\080130.RCM.DOC |
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Issue 1:
Should the Commission deny Advantage Group of Florida Communications, L.L.C. and Telaleasing Enterprises, Inc. a voluntary cancellation of their respective pay telephone service (PATS) Certificate Nos. 7849 and 2358 and cancel the certificates on the Commission’s own motion with an effective date of March 3, 2008?
Recommendation:
Yes, the companies should be denied a voluntary cancellation as listed on Attachment A. (Isler, McKay)
Staff Analysis:
See attached proposed Order.
Issue 2:
Should these dockets 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 an entity 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 an entity pays the Regulatory Assessment Fees, including applicable statutory late payment charges, prior to the expiration of the Proposed Agency Action Order, then the cancellation of that entity’s PATS certificate will be voluntary. If an entity fails to pay the Regulatory Assessment Fees, including applicable statutory late payment charges, prior to the expiration of the Proposed Agency Action Order, then that entity’s PATS certificate should be cancelled administratively, and the collection of the past due Regulatory Assessment Fees, including applicable statutory late payment charges, should be referred to the Florida Department of Financial Services for further collection efforts. If an entity’s PATS certificate is cancelled in accordance with the Commission’s Order from this recommendation, that entity should be required to immediately cease and desist providing telecommunications service in Florida. These dockets should be closed administratively either upon receipt of the payment of the Regulatory Assessment Fees, including applicable statutory late payment charges, or upon cancellation of each entity’s respective PATS certificate. (McKay)
Staff Analysis:
Staff recommends that the Commission take action as set forth in the foregoing staff recommendation statement.
BEFORE THE PUBLIC SERVICE COMMISSION
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In re: Request for cancellation of PATS Certificate No. 7849 by Advantage Group of Florida Communications, L.L.C., effective March 3, 2008.
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DOCKET NO. 080130-TC |
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In re: Request for cancellation of PATS Certificate No. 2358 by Telaleasing Enterprises, Inc., effective March 3, 2008. |
DOCKET NO. 080207-TC 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 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.
Advantage Group of Florida Communications, L.L.C. and Telaleasing Enterprises, Inc. currently hold Certificate Nos. 7849 and 2358, respectively, 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 (RAF).
This Commission received letters from both companies requesting cancellation of their respective PATS certificates because they were no longer in the payphone business. Our staff contacted both companies and explained that the 2007 and 2008 RAFs needed to be paid, along with the statutory late payment charges, to be granted a voluntary cancellation. The 2007 and 2008 RAFs, along with statutory late payment charges, remain unpaid.
For the reasons described above, we deny Advantage Group of Florida Communications, L.L.C. and Telaleasing Enterprises, Inc.’s requests for voluntary cancellation of their respective PATS certificates. However, we find it appropriate to involuntarily cancel the pay telephone certificates, effective March 3, 2008, 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.
The cancellation of the PATS certificates in no way diminishes each entity’s obligation to pay the applicable RAFs, including any accrued late payment charges. If this Order is not protested, each entity’s respective PATS certificates shall be cancelled, effective March 3, 2008. If an entity pays the RAFs, including accrued late payment charges, prior to the expiration of the Proposed Agency Action Order, then the cancellation of that entity’s PATS certificate shall be voluntary. If an entity fails to protest the Order or pay the RAFs, including accrued late payment charges, prior to the expiration of the Proposed Agency Action Order, then that entity’s PATS certificate shall be cancelled administratively, and the collection of the unpaid fees shall be referred to the Florida Department of Financial Services for further collection efforts. If each entity’s PATS certificate is cancelled in accordance with this Order, that entity shall be required to immediately cease and desist providing pay telephone service in Florida. These dockets shall be closed administratively either upon receipt of the payment of the RAFs, including accrued late payment charges, or upon cancellation of each entity’s respective PATS certificate. If an entity’s PATS certificate is cancelled on this Commission’s own motion and either entity subsequently decides to reapply for a telecommunications certificate, that entity shall be required to first pay any outstanding fees, including any 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 by the Florida Public Service Commission that pursuant to Rule 25-24.514, Florida Administrative Code, Advantage Group of Florida Communications, L.L.C. and Telaleasing Enterprises, Inc.’s respective PATS Certificate Nos. 7849 and 2358 are hereby cancelled effective March 3, 2008, on this Commission’s own motion for failure to pay the 2007 and 2008 Regulatory Assessment Fees, including accrued 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 each entity’s respective certificate in no way diminishes Advantage Group of Florida Communications, L.L.C. and Telaleasing Enterprises, Inc.’s obligation to pay the applicable Regulatory Assessment Fees, including any accrued late payment charges. If Advantage Group of Florida Communications, L.L.C. and Telaleasing Enterprises, Inc.’s respective PATS certificates are cancelled and an entity subsequently decides to reapply for a telecommunications certificate, that entity shall be required to first pay any outstanding fees, including any accrued statutory late payment charges. It is further
ORDERED that if Advantage Group of Florida Communications, L.L.C. and Telaleasing Enterprises, Inc. pay the Regulatory Assessment Fees, including accrued late payment charges, prior to the expiration of the Proposed Agency Action Order, the cancellation of each entity’s respective certificate shall be deemed voluntary. It is further
ORDERED that if Advantage Group of Florida Communications, L.L.C. and Telaleasing Enterprises, Inc. do not pay the Regulatory Assessment Fees, including accrued 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 Advantage Group of Florida Communications, L.L.C. and Telaleasing Enterprises, Inc.’s certificates are cancelled in accordance with this Order, Advantage Group of Florida Communications, L.L.C. and Telaleasing Enterprises, Inc. shall immediately cease and desist providing pay telephone service in Florida. It is further
ORDERED that any protest to the action proposed herein shall specify the entity or entities to which it applies. It is further
ORDERED that if a protest to this Order is filed, the protest shall not prevent the action proposed herein from becoming final with regard to the remaining entities listed in this Order. 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, these dockets shall be closed administratively either upon receipt of payment of the Regulatory Assessment Fees, including any late payment charges, or upon cancellation of each entity’s respective pay telephone 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 )
VSM
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.