BEFORE
THE PUBLIC SERVICE COMMISSION
OF THE STATE OF
In the Matter
of the Application of 360networks )
(USA) inc.
for Approval to Cancel its Certificate ) File
No. TD-2013-0275
Of Service
Authority and Withdrawal of Tariff(s) ) Tracking No. JX-2003-0995
ORDER
CANCELING CERTIFICATE AND
ACCOMPANYING
TARIFF
Issue Date: November 30, 2012 Effective
Date: December 10, 2012
On November 15, 2012, 360networks
(USA) inc. (“360networks”) filed an application requesting its certificate of service
authority and accompanying tariff to provide basic local exchange, non-switched
local exchange and interexchange telecommunication services in the State of Missouri be
cancelled.
In File Number TO-2001-99, the
Commission granted 360networks a certificate of service authority to provide basic
local exchange, non-switched local exchange and interexchange telecommunication service in the State of Missouri. The Company’s tariff, P.S.C. Mo No. 1, was
also approved.
In its application, 360networks stated
the Company was no longer providing service in Missouri and requested the
Commission cancel its certificate of service authority and accompanying tariff.
On November 16, 2012, the Commission
issued an Order Directing Notice allowing any parties to file an objection or
request a hearing to do so no later than November 28, 2012. No objections or requests for a hearing were
filed.
On November 28, 2012, the Staff of the
Commission filed its recommendation.
Staff stated that 360networks is not deficient in the filing of the
Company’s annual reports, remittance of Commission assessments or remittance of
any Missouri Universal Service Fund or Relay Missouri funds. Staff recommends that the Commission cancel
the company’s certificate of service authority to provide intrastate
interexchange telecommunications services and local exchange telecommunications
services limited to providing dedicated, nonswitched local exchange private
line services, and the company’s accompanying tariff.
The Commission has the authority to
cancel a certificate and tariff pursuant to Section 392.410.5, RSMo, which
states, in part, “[a]ny certificate or service authority may be altered or
modified by the commission after notice and hearing, upon its own motion or
upon application of the person or company affected.”
Based
on the Company’s application and Staff’s recommendation, the Commission finds
that the certificate of service authority and accompanying tariff granted to 360networks
(USA) inc., shall be canceled.
IT IS ORDERED THAT:
1. The certificate of authority to provide intrastate
interexchange telecommunications services and local exchange telecommunications
services granted to 360networks (USA) inc., in File Number TO-2001-99, is
canceled.
2.
360networks (USA) inc.’s tariff,
P.S.C. Mo No. 1, is canceled.
3. This order shall become effective on December
10, 2012.
4. This
case may be closed on December 11, 2012.
BY THE COMMISSION
Steven
C. Reed
Secretary
(SEAL)
Harold
Stearley, Deputy Chief Regulatory
Law
Judge, by delegation of authority
pursuant
to Section 386.240, RSMo 2000.
Dated
at
on
this 30th day of November, 2012.