Florida Public Service Commission native order document 02951-2023

FILED 4/28/2023
DOCUMENT NO. 02951-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Compliance investigation of PATS
Certificate No. 8872, issued to Florida
Payphone Operations, Inc. , for apparent first-
time violation of Rule 25-4.0161, F.A.C.,
Regulatory Assessment Fee s;
Telecommunications Com anies.
DOCKET NO. 20230058-TC
ORDER NO. PSC-2023-0148-PAA-TC
ISSUED: April 28, 2023
The following Commissioners participated in the dis po sition of this matter:
ANDREW GILES FAY, Chairman
ART GRAHAM
GARYF.CLARK
MIKE LAROSA
GABRIELLA P ASSIDOMO
NOTICE OF PROPOSED AGENCY ACTION
ORDER IMPOSING PENALTIES AND COLLECTION COSTS, AND REQUIRING
PAYMENT OF DELINQUENT REGULATORY ASSESSMENT FEES, OR CANCELLING
PAY TELEPHONE SERVICE CERTIFICATE FOR VIOLATION OF
RULE 25-4.0161, FLORIDA ADMINISTRATIVE CODE
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 (F.A.C.).
Pursuant to Rule 25-4.0161(11) and (12), F.A.C., telecommunications companies that fail
to p ay the Regulatory Assessment Fee (RAF), including statutory late p ayment charges, within
20 days after receiving a delinquent notice, shall be automatically penalized $500 for a first
offense, $ 1,000 for a second offense, and $2,000 for a third offense. 	The penalty amounts
include collection costs. 	If an entity fails to pay the RAF in full , including any statutory late
payment charges, along with the penalty amount, that entity' s pay telephone services certificate
shall be cancelled.
Pursuant to Section 364.336, Florida Statutes (F.S.), certificate holders must pay a
minimum annual RAF if the certificate was active during any portion of the calendar year.
Pursuant to Rule 25-4.0161(3), F.A.C., the appropriate RAF return form and applicable fees are
due to the Florida Public Service Co mmission by January 30th of the subsequent year. Pur suant

ORDER NO. PSC-2023-0148-PAA-TC
DOCKET NO. 20230058-TC
PAGE 2
to Section 350.113(4), F.S., the RAF 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.
The Division of Administrative and Information Technology Services advised that the
entity listed below failed to comply with Section 364.336, F.S., and Rule 25-4.0161, F.A.C. The
entity in the below table have not paid the 2022 RAF, statutory late payment charges, nor the
$500 penalty and collection costs. This entity has not had any prior offenses.
ENTITY’S NAME 	CO. CODE 	DOCKET NO.
Florida Payphone Operations, Inc. 	TH094 	20230058-TC
Accordingly, we hereby find it appropriate to cancel Florida Payphone Operations, Inc.’s
pay telephone service certificate for failure to comply with Section 364.336, F.S., and Rule 25-
4.0161, F.A.C., unless Florida Payphone Operations, Inc. pays a penalty and cost of collection,
together totaling $500, and remits any past due RAF, along with accrued statutory late payment
charges, to the Florida Public Service Commission, prior to the issuance of a Consummating
Order for this Proposed Agency Action Order (Order).
We are vested with jurisdiction over these matters pursuant to Sections 350.113, 364.336,
and 364.285, F.S.
If this Order is not protested by Florida Payphone Operations, Inc. its respective
certificate shall be cancelled. If it pays the penalty and cost of collection, together totaling $500,
and remits any past due RAF, along with any accrued statutory late payment charges, prior to the
issuance of a Consummating Order for this Proposed Agency Action Order, then Florida
Payphone Operations, Inc.’s respective certificate will remain active.
If Florida Payphone Operations, Inc. fails to protest the Order or pay the penalty and cost
of collection, together totaling $500, and fails to remit any past due RAF, along with any accrued
statutory late payment charges, prior to the issuance of a Consummating Order this Proposed
Agency Action Order, then Florida Payphone Operations, Inc.’s certificate shall be cancelled
administratively, and the collection of any past due RAF shall be referred to the Florida
Department of Financial Services for further collection efforts.
If Florida Payphone Operations, Inc.’s certificate is cancelled in accordance with this
Commission’s Order, that entity shall immediately cease and desist providing pay telephone
service in Florida.
Florida Payphone Operations, Inc.’s docket shall be closed administratively either upon
receipt of the payment of the penalty and cost of collection, together totaling $500, and any past
due RAF, along with any accrued statutory late payment charges from each entity, or upon
cancellation of that entity’s certificate.

ORDER NO. PSC-2023-0148-PAA-TC
DOCKET NO. 20230058-TC
PAGE 3
If Florida Payphone Operations, Inc.’s certificate is cancelled in accordance with this
Order and it subsequently decides to reapply as a pay telephone services provider, then Florida
Payphone Operations, Inc. shall be required to first pay the penalty and cost of collection,
together totaling $500 and any outstanding fees, including accrued statutory late payment
charges.
Based on the foregoing, it is
ORDERED by the Florida Public Service Commission that Florida Payphone Operations,
Inc. listed herein shall pay a penalty and cost of collection, together totaling $500, and any past
due 	RAF, 	including 	any 	statutory 	late 	payment 	charges, 	to 	the 	Florida 	Public 	Service
Commission for failure to comply with Section 364.336, F.S., and Rule 25-4.0161, F.A.C., by
the end of the protest period listed in this order. It is further
ORDERED that the cost of collection will be subtracted from any monies collected as
payments (full or partial) of the penalty and will be deposited, along with the past due RAF, in
the Florida Public Service Commission Regulatory Trust Fund, pursuant to Section 350.113, F.S.
The statutory late payment charges and any portion of the penalty exceeding the cost of
collection will be remitted to the Florida Department of Financial Services for deposit in the
State of Florida General Revenue Fund, pursuant to Section 364.285(1), F.S. It is further
ORDERED that should Florida Payphone Operations, Inc. fail to comply with this Order,
Florida Payphone Operations, Inc.’s respective certificate shall be cancelled. It is further
ORDERED that the cancellation of the certificate in no way diminishes any of Florida
Payphone Operations, Inc.’s obligation to pay applicable delinquent RAF, and any accrued
statutory late payment charges. It is further
ORDERED that if Florida Payphone Operations, Inc. has its respective certificate
cancelled, and subsequently decides to reapply for certification as a pay telephone services
provider, Florida Payphone Operations, Inc. shall be required to first pay any outstanding RAF
penalties and cost of collection and fees, including accrued statutory late payment charges. It is
further
ORDERED that if Florida Payphone Operations, Inc. fails to pay its outstanding RAF, in
full, including any statutory late payment charges, penalties and cost of collection shall be
referred to the Florida Department of Financial Services for further collection efforts. 	It is
further
ORDERED that if Florida Payphone Operations, Inc.’s certificate is cancelled in
accordance with this Order, Florida Payphone Operations, 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

ORDER NO. PSC-20 23 -0148-P AA -TC
DO CKET NO. 20230058-TC
PAGE4
pe t1t1on , in the 	fo rm provided by Rule 28-106.20 I, F.A.C., is received by the Office of
Co mmission Clerk, 2540 Shumard Oak Bouleva rd , Tallahassee, Florida 32399-0850, by the
c lo se of business on th e date set forth in th e "N otice of Further Proceedings" att ac hed heret o. It
is further
ORDERED that in the event thi s Order becomes final, this docket shall be closed up on
receipt of th e imposed penalty and cost of co ll ection, together totaling $500, a nd any RAF,
including statutory late payment charges, from 	Flor id a Payphone Operations, In c. or up on
cancellation of Florida Pa yphone Operations, Inc. 's certificate.
JOI
By ORDER of th e Florida Public Service Co mmi ssion thi s 28th day of Apri l, 2023.
ADA~ 	ZMAN
Commission 	Jerk
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 41 3-6770
www.flor id apsc.com
Copies furnished: 	A copy of this doc um ent is
provided to the parties of record at th e time of
issuance and, if app li ca bl e, interested persons.
NOTICE OF FURTHER PROCEE DI NGS OR JUDI CIAL REVIEW
The Flor id a Publi c Service Commission is required by Section 	120.569( I), Florida
Statutes, to no ti fy parties of any administrative hea rin g that is avai )able under Section 120.57,
Florida Statutes, as we ll as th e procedures a nd time li mits that apply. 	This notice should not be
construed to mean a ll req ue sts fo r an admini stra ti ve hear in g w ill be granted or res ul t in the re li ef
sought.
Mediation may be ava il a bl e on a case-by-case basi s. 	If mediation is conducted, it does
not affect a su bs tantia ll y inte re sted person's ri ght to a hear in g.
The action proposed here in is preliminary in na ture. Any person whose s ub stantial
in teres ts are affected by the action proposed by this order may file a petition fo r a formal
proceeding, in the fo rm prov id ed by Rule 28-106.20 I, Florida Administrative Code. 	This

ORDER NO. PSC-2023-0148-PAA-TC
DOCKET NO. 20230058-TC
PAGE 5
petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard,
Tallahassee, Florida 32399-0850, by the close of business on May 19, 2023.
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.