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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