Florida Public Service Commission native order document 02674-2026

FILED 5/7/2026
DOCUMENT NO. 02674-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Compliance investigation of local
exchange Certificate No. 8968, issued to Open
Infra East Inc., for apparent second-time
violation of Rule 25-4.0161, F.A.C.,
Regulatory Assessment Fees;
Telecommunications Companies._
DOCKET NO. 2026005 8-TX
ORDER NO. PSC-2026-0134-PAA-TX
ISSUED: May 7, 2026
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 SECTION 364.336, FLORIDA STATUES,
AND RULE 25-4,0161, FLORIDA ADMINISTRATIVE CODE
BY THE COMMISSION:
NOTICE 	is hereby given by 	the Florida Public Service Commission (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.).
Rule 25-4.0161(11) and 	(12), 	F.A.C., provides 	that telecommunications companies 	that
fail 	to pay the Regulatory Assessment Fee (RAF), including any accrued 	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 penalty amount and the RAF 	in
full, 	along 	with 	any 	accrued 	statutory 	late 	payment 	charges, 	that 	entity’s 	local 	exchange
telecommunication certificate 	shall be cancelled.
Pursuant 	to 	Section 	364.336, 	Florida 	Statutes 	(F.S.), 	telecommunication 	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 350.1 13(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.
Our 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 2025 RAF, the accrued statutory late payment charges,
nor the $1,000 penalty and collection costs.

ORDER NO. PSC-2026-0134-PAA-TX
DOCKET NO. 20260058-TX
PAGE 2
ENTITY’S NAME 	CO. CODE 	DOCKET NO.
Open Infra East Inc. 	TY203 	20260058-TX
Accordingly, we hereby find it appropriate to cancel Open Infra East Inc.’s local
exchange certificate for failure to comply with Section 364.336, F.S., and Rule 25-4.0161,
F.A.C., unless the entity pays a $1,000 penalty, and remits any past due RAF, along with any
accrued statutory late payment charges, to the Florida Public Service Commission, prior to
issuing 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 it pays the $1,000 penalty, and remits any past due RAF, along with any accrued
statutory late payment charges, prior to issuing a Consummating Order for this Proposed Agency
Action Order, then Open Infra East Inc.’s respective certificate will remain active.
If an entity (1) fails to protest this Order and (2) fails to pay the $1,000 penalty, and fails
to remit any past due RAF, along with any accrued statutory late payment charges, prior to our
issuing a Consummating Order for 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 local exchange telecommunication service in
Florida.
Open Infra East Inc.’s docket shall be closed administratively either upon receipt of the
payment of the $1,000 penalty, 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 telecommunications provider, that entity shall be required to first pay the
$1,000 penalty and any past due RAF, including any accrued statutory late payment charges.
Based on the foregoing, it is
ORDERED by the Florida Public Service Commission that, by the end of the protest
period listed in this Order, the entity listed herein shall pay a $1,000 penalty, and any past due
RAF, including any accrued 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.,. It is
further
ORDERED that the cost of collection will be subtracted from any monies collected as
payments (full or partial) of the penalty. These collection costs will be deposited, along with the
past due RAF, in the Florida Public Service Commission Regulatory Trust Fund, pursuant to

ORDER NO. PSC-2026-0134-PAA-TX
DOCKET NO. 20260058-TX
PAGE 3
Section 350.113, F.S. The accrued 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, that entity’s respective
certificate shall be cancelled. It is further
ORDERED that the cancellation of an entity’s certificate in no way diminishes the
entity’s obligation to pay the $1,000 penalty, the applicable delinquent RAF, and any accrued
statutory late payment charges. It is further
ORDERED that if an entity listed in this Order has its respective certificate cancelled,
and subsequently decides to reapply for certification as a telecommunications service provider,
that entity shall be required to first pay the $1,000 penalty, and any past due RAF, along with
any accrued statutory late payment charges. It is further
ORDERED that if an entity fails to pay its outstanding RAF, in full, including any
accrued statutory late payment charges, penalties and cost of collection, it 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 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
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 $1,000 penalty, and any past due RAF, including any accrued statutory
late payment charges, from the respective entity or upon cancellation of that entity’s certificate.

ORDER NO. PSC-2026-0134-PAA-TX
DOCKET NO. 20260058-TX
PAGE 4
By ORDER of the Florida Public Service Commission this 7th day of May, 2026 	.
Commission Clerk
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850)413-6770
www.floridapsc.com
Copies 	furnished: A 	copy 	of 	this document 	is
provided 	to 	the 	parties 	of record 	at 	the 	time 	of
issuance and, 	if applicable, interested persons.
AH

ORDER NO. PSC-2026-0134-PAA-TX
DOCKET NO. 20260058-TX
PAGE 5
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 May 28, 2026.
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.