BEFORE
THE PUBLIC SERVICE COMMISSION
OF THE STATE OF
In the Matter
of the Application of AboveNet )
Communications,
Inc. for Approval to Cancel ) File
No. TD-2013-0276
its
Certificate Of Service Authority and ) Tracking
No. YX-2004-0926 Withdrawal of Tariff(s) )
ORDER
CANCELING CERTIFICATE AND
ACCOMPANYING
TARIFF
Issue Date: November 30, 2012 Effective
Date: December 10, 2012
On November 15, 2012, AboveNet
Communications, Inc. (“AboveNet”) filed an application requesting its
certificate of service authority and accompanying tariff to provide non-switched
local exchange and interexchange telecommunication services in the State of Missouri be
cancelled.
In File Number TA-2000-335, the
Commission granted AboveNet a certificate of service authority to provide 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, AboveNet 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 AboveNet 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 basic 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 AboveNet
Communications, Inc., shall be canceled.
IT IS ORDERED THAT:
1. The certificate of authority to provide intrastate
interexchange telecommunications services and basic local exchange
telecommunications services granted to AboveNet Communications, Inc., in File
Number TA-2000-335, is canceled.
2.
AboveNet Communications, 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.