Order No. PSC-2024-0143-PAA-TX•Florida Public Service Commission native order document 02749-2024
Florida Public Service Commission native order document 02749-2024
Order No. PSC-2024-0143-PAA-TXFlapubserv
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FILED 5/6/2024 DOCUMENT NO. 02749-2024 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Compliance investigation oflocal exchange Certificate No. 8984, issued to Skywire, LLC, for apparent first-time violation of Rule 25-4.0161, F.A.C., Regulatory Assessment Fees; Telecommunications Companies. In re: Compliance investigation oflocal exchange Certificate No. 8793, issued to Seminole Telecom of Florida, LLC, for apparent first-time violation of Rule 25-4.0161, F.A.C., Regulatory Assessment Fee s; Telecommunications Companies. In re: Compliance investigation of local exchange Certificate No. 8968, issued to Open Infra East Inc., for apparent first-time violation of Rule 25-4.0161, F.A.C., Regulatory Assessment Fees; Telecommunications Companies. In re: Compliance investigation of local exchange Certificate No. 8948, issued to MasTec Network Solutions, LLC, for apparent first-time violation of Rule 25-4.0161, F.A.C., Regulatory Assessment Fees; Telecommunications Companies. In re: Compliance investigation of local exchange Certificate No. 8924, issued to FASTER.IO, Inc., for apparent first-time violation of Rule 25-4.0161, F.A.C., Regulatory Assessment Fees; Telecommunications Companies. In re: Compliance investigation of local exchange Certificate No. 8570, issued to CoreTel Florida, Inc., for apparent first-time violation of Rule 25-4.0161, F.A.C., Regulatory Assessment Fees; Telecommunications Com anies. DOCKET NO. 20240073-TX DOCKET NO. 20240074-TX DOCKET NO. 20240075-TX DOCKET NO. 20240076-TX DOCKET NO. 20240077-TX DOCKET NO. 20240078-TX ORDER NO. PSC-2024-0143-PAA-TX ISSUED: May 6, 2024
ORDER NO. PSC-2024-0143-PAA-TX DOCKET NOS. 20240073-TX, 20240074-TX, 20240075-TX, 20240076-TX, 20240077-TX, 20240078-TX PAGE 2 The following Commissioners participated in the disposition of this matter: MIKE LA ROSA, Chairman ART GRAHAM GARY F. CLARK ANDREW GILES FAY 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 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.). 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 2023 RAF, statutory late payment charges, nor the $500 penalty and collection costs. These entities have not had any prior offenses.
ORDER NO. PSC-2024-0143-PAA-TX DOCKET NOS. 20240073-TX, 20240074-TX, 20240075-TX, 20240076-TX, 20240077-TX, 20240078-TX PAGE 3 ENTITY’S NAME CO. CODE DOCKET NO. Skywire, LLC TY216 20240073-TX Seminole Telecom of Florida, LLC TY027 20240074-TX Open Infra East Inc. TY203 20240075-TX MasTec Network Solutions, LLC TY184 20240076-TX FASTER IO, Inc. TY158 20240077-TX CoreTel Florida, Inc. TX830 20240078-TX Accordingly, we hereby find it appropriate to cancel each entity’s local exchange 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 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 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 issuing a Consummating Order for this Proposed Agency Action Order, then that entity’s respective certificate will remain active. If an entity fails to protest this 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 local exchange service in Florida.
ORDER NO. PSC-2024-0143-PAA-TX DOCKET NOS. 20240073-TX, 20240074-TX, 20240075-TX, 20240076-TX, 20240077-TX, 20240078-TX PAGE 4 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 local exchange 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, that 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 obligation to pay applicable delinquent RAF, and any accrued statutory late payment charges. It is further ORDERED that if an entity has its respective certificate cancelled, and subsequently decides to reapply for certification as a local exchange 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 local exchange service in Florida. It is further
ORDER NO. PSC-2024-0143-PAA-TX DOCKET NOS. 20240073 -TX, 20240074-TX, 20240075 -TX, 20240076-TX, 20240077- TX , 20240078-TX PAGES ORDERED that in the event this Order becomes final, this docket shall be closed upon receipt of the imposed penalty and cost of co ll ection, togeth er totaling $500, and any RAF, in cluding statutory late payment charges, from the respective entity or upon cancellation of that entit y's certificate. TPS By ORDER of the Florida Pub li c Service Co mmi ss ion thi s 6th day of May, 2024. Florida Public Service Comm ission 2540 Shumard Oak Boulevard Tallahassee, Flori da 32399 (850) 4 13-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the pa rties of record at the time of issuance and, if applicable, interested persons.
ORDER NO. PSC-2024-0143-PAA-TX DOCKET NOS. 20240073-TX, 20240074-TX, 20240075-TX, 20240076-TX, 20240077-TX, 20240078-TX PAGE 6 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, 2024. 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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