Recommendation


DATE:	March 5, 2009
TO:	Office of Commission Clerk (Cole)
FROM:	Division of Regulatory Compliance (Isler) Office of the General Counsel (McKay)
RE:	Docket No. 090010-TI – Acknowledgment of cancellation of IXC Registration No. TK166 by Onchannel Communications, Corp., effective December 31, 2008. Docket No. 090025-TI – Acknowledgment of cancellation of IXC Registration No. TJ965 by Business Productivity Solutions a Minnesota Corporation, Inc., effective December 31, 2008. Docket No. 090030-TI – Acknowledgment of cancellation of IXC Registration No. TJ513 by Global Dialtone, Inc., effective December 31, 2008. Docket No. 090051-TI – Acknowledgment of cancellation of IXC Registration No. TJ358 by TeleManagement Systems, Inc., effective December 31, 2008.
AGENDA:	03/17/09 – 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\RCP\WP\090010.RCM.DOC

Discussion of Issues

Issue 1:

Should the Commission deny Onchannel Communications, Corp., Business Productivity Solutions a Minnesota Corporation, Inc., Global Dialtone, Inc., and TeleManagement Systems, Inc. a voluntary cancellation of their respective intrastate interexchange telecommunications carrier (IXC) tariffs and Registration Nos. TK166, TJ965, TJ513, and TJ358, respectively, and cancel the tariffs and remove each entity’s respective name from the register on the Commission’s own motion with an effective date of December 31, 2008?

Recommendation:

Yes, each entity 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 any 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 any accrued late payment charges, prior to the expiration of the Proposed Agency Action Order, then the cancellation of that entity’s tariff and the removal of its name from the register will be voluntary. If an entity fails to pay the Regulatory Assessment Fees, including any accrued late payment charges, prior to the expiration of the Proposed Agency Action Order, then that entity’s IXC tariff should be cancelled administratively and its name removed from the register, and the collection of the unpaid Regulatory Assessment Fees, including any accrued statutory late payment charges, should be referred to the Florida Department of Financial Services for further collection efforts. If an entity’s IXC tariff is cancelled and its name removed from the register 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 any accrued statutory late payment charges, or upon cancellation of each entity’s respective IXC 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: Acknowledgment of cancellation of IXC Registration No. TK166 by Onchannel Communications, Corp., effective December 31, 2008.	DOCKET NO. 090010-TI
In re: Acknowledgment of cancellation of IXC Registration No. TJ965 by Business Productivity Solutions a Minnesota Corporation, Inc., effective December 31, 2008.	DOCKET NO. 090025-TI
In re: Acknowledgment of cancellation of IXC Registration No. TJ513 by Global Dialtone, Inc., effective December 31, 2008.	DOCKET NO. 090030-TI
In re: Acknowledgment of cancellation of IXC Registration No. TJ358 by TeleManagement Systems, Inc., effective December 31, 2008.	DOCKET NO. 090051-TI 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 INTRASTATE INTEREXCHANGE TELECOMMUNICATIONS TARIFFS AND REGISTRATIONS 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.

Onchannel Communications, Corp., Business Productivity Solutions a Minnesota Corporation, Inc., Global Dialtone, Inc., and TeleManagement Systems, Inc., currently hold Intrastate Interexchange Telecommunications (IXC) Registration Nos. TK166, TJ965, TJ513, and TJ358, respectively. 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, 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.

This Commission received letters from each entity requesting cancellation of their respective tariffs and removal of their names from the IXC register. Our staff contacted each entity and advised that any unpaid RAFs, along with accrued late payment charges, needed to be paid before a voluntary cancellation could be granted. All four companies owe the 2008 RAF, including accrued statutory late payment charges.

For the reasons described above, we deny Onchannel Communications, Corp., Business Productivity Solutions a Minnesota Corporation, Inc., Global Dialtone, Inc., and TeleManagement Systems, Inc.’s requests for voluntary cancellation of their respective IXC tariffs and removal of their names from the register. However, we find it appropriate to involuntarily cancel each entity’s respective IXC tariff and remove each entity’s name from the register, effective the date as listed in each entity’s respective docket title, 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.

The cancellation of an IXC tariff and removal of an entity’s name from the register in no way diminishes that entity’s obligation to pay the applicable Regulatory Assessment Fees, including any accrued statutory late payment charges. If this Order is not protested, each entity’s respective IXC tariff shall be cancelled, and their respective registrations removed from the register. If an entity pays the Regulatory Assessment Fees, along with accrued late payment charges, prior to the expiration of the Proposed Agency Action Order, then the cancellation of that entity’s IXC tariff and removal of its name from the register will be voluntary. If an entity fails to protest the Order or pay the Regulatory Assessment Fees, along with accrued late payment charges, prior to the expiration of the Proposed Agency Action Order, then that entity’s IXC tariff shall be cancelled administratively and its name removed from the register, and the collection of the unpaid Regulatory Assessment Fees, including accrued statutory late payment charges, shall be referred to the Florida Department of Financial Services for further collection efforts. If an entity’s respective IXC tariff is cancelled and its name removed from the register in accordance with this Order, that entity shall be required to immediately cease and desist providing telecommunications service in Florida. These dockets shall be closed administratively either upon receipt of the payment of the Regulatory Assessment Fees, including accrued late payment charges, or upon cancellation of each entity’s respective IXC tariff and removal of its name from the register. If an entity’s IXC tariff is cancelled and its name removed from the register, and an entity subsequently decides to reregister as a telecommunications company, that entity shall be required to first pay any unpaid Regulatory Assessment Fees, including any 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 by the Florida Public Service Commission that pursuant to Rule 25-24.474, Florida Administrative Code, Onchannel Communications, Corp., Business Productivity Solutions a Minnesota Corporation, Inc., Global Dialtone, Inc., and TeleManagement Systems, Inc.’s respective IXC tariff and respective Registration Nos. TK166, TJ965, TJ513, and TJ358, are hereby cancelled and their names removed from the register effective December 31, 2008, on this Commission’s own motion for failure to pay the applicable Regulatory Assessment Fees, including accrued statutory late payment charges, in full pursuant to Section 364.336, Florida Statutes, and Rule 25-4.0161, Florida Administrative Code. It is further

ORDERED that the cancellation of an entity’s IXC tariff, including removal of its respective name from the register, in no way diminishes any entity’s obligation to pay the applicable Regulatory Assessment Fees, including any accrued statutory late payment charges. If an entity’s IXC tariff is cancelled and its respective name removed from the register, and that entity subsequently decides to reregister as a telecommunications company, that entity shall be required to first pay any unpaid Regulatory Assessment Fees, including accrued statutory late payment charges. It is further

ORDERED that if Onchannel Communications, Corp., Business Productivity Solutions a Minnesota Corporation, Inc., Global Dialtone, Inc., and TeleManagement Systems, Inc., pay the Regulatory Assessment Fees, including any statutory late payment charges, prior to the expiration of the Proposed Agency Action Order, the cancellation of their respective tariff and removal of their respective name from the register shall be deemed voluntary. It is further

ORDERED that if Onchannel Communications, Corp., Business Productivity Solutions a Minnesota Corporation, Inc., Global Dialtone, Inc., and TeleManagement Systems, Inc., do not pay the Regulatory Assessment Fees, including any statutory 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 Onchannel Communications, Corp., Business Productivity Solutions a Minnesota Corporation, Inc., Global Dialtone, Inc., and TeleManagement Systems, Inc.’s respective IXC tariffs are cancelled and their names removed from the register in accordance with this Order, that entity 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 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 in the event this Order becomes final, these dockets shall be closed administratively either upon receipt of the payment of the Regulatory Assessment Fees, including accrued late payment charges, or upon cancellation of each entity’s respective IXC tariff and removal of each entity’s respective name from the register.

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

ANN COLE

Commission Clerk

( 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.