Order No. PSC-2023-0149-PAA-TX•Florida Public Service Commission native order document 02953-2023
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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