Florida Public Service Commission native order document 02950-2023

BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Compliance investigation of local
exchange Certificate No. 8971, issued to BIF
IV Intrepid OpCo LLC, for apparent first-time
violation of Rule 25-4.0161, F.A.C.,
Regulatory Assessment Fees;
Telecommunications Companies.
DOCKET NO. 20230054-TX
In re: Compliance investigation of local
exchange Certificate No. 8959, issued to
Cathect Communications Inc., for apparent
first-time violation of Rule 25-4.0161, F.A.C.,
Regulatory Assessment Fees;
Telecommunications Companies.
DOCKET NO. 20230055-TX
In re: Compliance investigation of local
exchange Certificate No. 8905, issued to SQF,
LLC, for apparent first-time violation of Rule
25-4.0161, F.A.C., Regulatory Assessment
Fees; Telecommunications Companies.
DOCKET NO. 20230056-TX
In re: Compliance investigation of local
exchange Certificate No. 8950, issued to Data
Stream Telecom of Florida Inc., for apparent
first-time violation of Rule 25-4.0161, F.A.C.,
Regulatory Assessment Fees;
Telecommunications Companies.
DOCKET NO. 20230057-TX
ORDER NO. PSC-2023-0147-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 CERTIFICATES FOR VIOLATION OF
RULE 25-4.0161, FLORIDA ADMINISTRATIVE CODE

ORDER NO. PSC-2023-0147-PAA-TX
DOCKET NOS. 20230054-TX, 20230055-TX, 20230056-TX, 20230057-TX
PAGE 2
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, along with any accrued
statutory late payment charges, 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
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
entities listed below failed to comply with Section 364.336, F.S., and Rule 25-4.0161, F.A.C.
The entities in the below table have not paid the 2022 RAF, statutory late payment charges, nor
the $500 penalty and collection costs. 	These entities have not had any prior offenses.
ENTITY’S NAME 	CO. CODE 	DOCKET NO.
BIF IV Intrepid OpCo LLC 	TY206 	20230054-TX
Cathect Communications Inc. 	TY193 	20230055-TX
SQF, LLC 	TY144 	20230056-TX
Data Stream Telecom of Florida Inc. 	TY185 	20230057-TX
Accordingly, 	we 	hereby 	find 	it 	appropriate 	to 	cancel 	each 	entity’s 	shared
telecommunication service certificate for failure to comply with Section 364.336, F.S., and Rule
25-4.0161, F.A.C., unless such entity 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.

ORDER NO. PSC-2023-0147-PAA-TX
DOCKET NOS. 20230054-TX, 20230055-TX, 20230056-TX, 20230057-TX
PAGE 3
If this Order is not protested by an entity, 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 that entity’s respective certificate will remain
active.
If an entity 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 to this Proposed Agency Action Order,
then that entity’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 an entity’s certificate is cancelled in accordance with this Commission’s Order, that
entity shall immediately cease and desist providing shared telecommunication service in Florida.
Each entity’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, or upon cancellation of its certificate.
If an entity’s certificate is cancelled in accordance with this Order and it subsequently
decides to reapply as a shared telecommunication services provider, then that entity 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 each entity 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 an entity fail to comply with this Order, each entity’s respective
certificate shall be cancelled. It is further
ORDERED that the cancellation of the certificate in no way diminishes any of an entity’s
obligations to pay applicable delinquent RAF and any accrued statutory late payment charges. It
is further

ORDER NO. PSC-2023-0147-PAA-TX
DOCKET NOS. 20230054-TX, 20230055-TX, 20230056-TX, 20230057-TX
PAGE 4
ORDERED that if an entity has its respective certificate cancelled, and subsequently
decides to reapply for certification as a shared telecommunication services provider, that entity
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 an entity 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 an entity’s certificate is cancelled in accordance with this Order, that
entity shall immediately cease and desist providing shared telecommunication 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, F.A.C., 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 imposed penalty and cost of collection, together totaling $500, and any RAF,
including statutory late payment charges, from the respective entity or upon cancellation of that
entity’s certificate.

ORDER NO. PSC-2023-0147-PAA-TX
DO CKET NOS. 20230054 - TX, 20230055-TX, 20230056 -TX, 20230057 -T X
PAGES
TPS
By ORDER of the Flor ida Public Serv ice Co mmi ssion this 28t h day of Ap ril , 2023 .
Comm ission
Florida Public Serv ice Commiss ion
2540 Shumard Oak Boul evard
Ta ll ahassee, Florida 32399
(850) 4 13-6770
www. floridapsc.com
Cop ies furni shed: 	A copy of this document is
provid ed to the parties of r ecord at the time o f
issuance and, if app li cab le, interested persons.
NOT I CE OF FURTHER PROCEEDfNGS OR JUDICIAL REVI EW
The Florida Public Service Commiss ion is required by Sect ion 	120.569(1), Florida
Statutes, to notify parties of any adm inistrative h ea ring that is available under Section 120.57,
Florida Statutes, as we ll as the procedures and time limits that app ly . T his notice should n ot be
constr ued to mean al l requests for an administra ti ve h ea ring w ill be granted or result in the re li ef
so ught.
Mediat ion may be ava il ab le on a case-by-case basis. 	If med iation is cond ucted, it does
not affect a substantia ll y interested per so n' s ri ght to a h ear in g.
The act ion proposed here in is preliminary in nature. Any person wh ose substantia l
interests are affected by the act io n propo se d by this order may file a petition for a forma l
proceeding, in the form prov ided by Rule 28- 106.20 I, Flor ida Administrative Code. 	This
petition must be received by the Offi ce of Comm iss ion C le rk, 2540 Shumard Oak Boulevard,
Tallahassee, Flor ida 32399- 0850, by the close of bus in ess on May 19, 2023 .
In the absence of s uch a petition, this order shall become final and effect ive upon the
issuance of a Co ns umm ating Order.
Any object io n or protest filed in this/the se docket(s) before the issuance date of this order
is considered aband oned unless it sat isfies the forego in g cond itions and is re n ewed w ithin the
specified protest period.