Florida Public Service Commission native order document 02953-2023

Order No. PSC-2023-0149-PAA-TXFlapubserv

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BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Compliance investigation of local
exchange Certificate No. 7986, issued to
Georgia Public Web, Inc., for apparent third-
time violation of Rule 25-4.0161, F.A.C.,
Regulatory Assessment Fees;
Telecommunications Companies.
DOCKET NO. 20230059-TX
ORDER NO. PSC-2023-0149-PAA-TX
ISSUED: April 28, 2023
The following Commissioners participated in the disposition of this matter:
ANDREW GILES FAY, Chairman
ART GRAHAM
GARY F. CLARK
MIKE LA ROSA
GABRIELLA PASSIDOMO
NOTICE OF PROPOSED AGENCY ACTION
ORDER IMPOSING PENALTIES AND COLLECTION COSTS, AND REQUIRING
PAYMENT OF DELINQUENT REGULATORY ASSESSMENT FEES AND ANY
ACCRUED STATUTORY LATE PAYMENT CHARGES, OR CANCELLING
COMPETITIVE LOCAL EXCHANGE CARRIER 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 pay the Regulatory Assessment Fee (RAF), including statutory late payment 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 local exchange 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 Commission by January 30th of the subsequent year. Pursuant
ORDER NO. PSC-2023-0149-PAA-TX
DOCKET NO. 20230059-TX
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 has not paid the 2022 RAF, statutory late payment charges, nor the
$2,000 penalty and collection costs. This entity has had two prior offenses.
ENTITY’S NAME 	CO. CODE 	DOCKET NO.
Georgia Public Web, Inc. 	TX618 	20230059-TX
Accordingly, we hereby find it appropriate to cancel Georgia Public Web, Inc.’s local
exchange certificate for failure to comply with Section 364.336, F.S., and Rule 25-4.0161,
F.A.C., unless Georgia Public Web, Inc. pays a penalty and cost of collection, together totaling
$2,000, 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 Georgia Public Web, Inc., its respective certificate shall
be cancelled. 	If it pays the penalty and cost of collection, together totaling $2,000, 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 Georgia Public Web,
Inc.’s respective certificate will remain active.
If Georgia Public Web, Inc. fails to protest this Order or pay the penalty and cost of
collection, together totaling $2,000, 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 	Georgia 	Public 	Web, 	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 	Georgia 	Public 	Web, 	Inc.’s 	certificate 	is 	cancelled 	in 	accordance 	with 	this
Commission’s Order, it shall immediately cease and desist providing local exchange service in
Florida.
Georgia Public Web, Inc.’s docket shall be closed administratively either upon receipt of
the payment of the penalty and cost of collection, together totaling $2,000, and any past due
RAF, along with any accrued statutory late payment charges from Georgia Public Web, Inc., or
upon cancellation of its certificate.
ORDER NO. PSC-2023-0149-PAA-TX
DOCKET NO. 20230059-TX
PAGE 3
If Georgia Public Web, Inc.’s certificate is cancelled in accordance with this Order and it
subsequently decides to reapply as a telecommunications provider, then Georgia Public Web,
Inc. shall be required to first pay the penalty and cost of collection, together totaling $2,000 and
any outstanding fees, including accrued statutory late payment charges.
Based on the foregoing, it is
ORDERED by the Florida Public Service Commission that Georgia Public Web, Inc.
listed herein shall pay a penalty and cost of collection, together totaling $2,000, 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 Georgia Public Web, Inc. fail to comply with this Order, Georgia
Public Web, Inc.’s respective certificate shall be cancelled. It is further
ORDERED that the cancellation of the certificate in no way diminishes any of Georgia
Public Web, Inc.’s obligation to pay applicable delinquent RAF, and any accrued statutory late
payment charges. It is further
ORDERED that if Georgia Public Web, Inc. has its respective certificate cancelled, and
subsequently decides to reapply for certification as a telecommunications service provider,
Georgia Public Web, 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 Georgia Public Web, 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 Georgia Public Web, Inc.’s certificate is cancelled in accordance with
this Order, Georgia Public Web, Inc. shall immediately cease and desist providing local
exchange telecommunications services 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, F.A.C., is received by the Office of
Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the
ORDER NO.PSC-2023-0149-PAA - TX
DOCKET NO. 20230059-TX
PAGE4
c lose of business on the date set forth in the "Notice of Further Proceedings" attached hereto. It
is further
ORDERED that in the event t hi s Order becomes final , this docket shal l be c losed upon
receipt of the impo se d penalty and cost of col lec ti on, together total ing $2,000, and any RAF,
including statutory late payment charges, from Georgia Pub li c Web, Inc. or upon cancellation of
Georgia Public Web , Inc. 's certificate.
JDI
By ORDER of the Florida Pub li c Service Comm iss ion t hi s 28th day of Apr il , 2023.
)J
ADAM J.
Florida Public Service Commiss ion
2540 Shumard Oak Bou levard
Ta llahassee, Flor ida 32399
(850) 413-6770
www.floridapsc.com
Cop ies furnished: 	A copy of this doc um ent is
provided to the parties of record at the time of
issuance and, if applicable, interested persons.
NOT ICE OF FURTHER PROCEEDINGS OR JUDICIAL REV I EW
T he Florida Public Serv ice Comm ission is requi red by Sect ion 120.569( l ), Florida
Statutes, to notify parties of any adm inistrative hearing that is available und er Sect ion 120.57,
Florida Statutes, as we ll as the procedures and time limits that app ly. This notice s hould not be
construed to me an a ll requ ests for an administrative hearing will be granted or result in the relief
sought.
Mediation may be availab le on a case-by-case basis. 	If mediation is conducted, it does
not affect a substantia ll y interested person's ri ght to a h ear ing.
T he act ion proposed herein is pre liminary in nature. Any person whose substantial
interests are affected by the action proposed by this order may fi le a petition for a formal
proceeding, in the form provided by Rule 28-106.20 I , Florida Adm inistrative Code. 	This
petition must be received by the Office of Comm ission C lerk , 2540 Shumard Oak Bou levard,
Tal lahassee, Florida 32399 -0850, by the clo se of business on May 19. 2023.
ORDER NO. PSC-2023-0149-PAA-TX
DOCKET NO. 20230059-TX
PAGE 5
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.

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