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Control Number: 23379
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Item Number: 21
Addendum StartPage: 0
December 10,2002
Via Overnight Delivery
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210 N. Park Ave.
Winter Park, FL
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Central Records Filing Clerk - Docket #23379
Public Utility Commission of Texas
1701 N. Congress Ave.
Austin, TX 787 11-3326
32789
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P.O. Drawer 200
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Winter Park, FL
32 790-0200
Tel: 407-740-8575
Fax: 407-740-0613
tmi@tminc.com
Cbeyond Communications of Texas LP
Docket #23379 - Quarterly ROW Access Line Report
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To whom it may concern:
It has come to our attention that there is an error in the allegation that Cbeyond
Communications of Texas LP failed to file the quarterly access line count report for
the first quarter of 2001. Attached to this correspondence please find a copy of the
notice of violation as well as a copy of the report filed on May 10, 2001 and signed
received by Garnet Elkins on May 14,2001.
Due to the information above, we respectfully request a Settlement Conference for
relief of any and all penalties and violations.
Please acknowledge receipt of this correspondence by date-stamping the extra copy
of this cover letter and returning it to me in the self-addressed, stamped envelope
provided for that purpose.
If any further action is required, please contact me at 407-740-8575.
Sincerely,
Elizabeth A. Corddry
Director, Compliance
cc:
Julia Strow - Cbeyond Communications of Texas LP
Carey Roesel - TMI
Jaime Slaughter - Enforcement Attorney (via fax only, #5 12-936-7268)
file:
Cbeyond Communications - Reporting - Texas
May 10,2001
Via Overnight Delivery
210 N. Park Ave.
Winter Park, FL
32789
Ms.GarnetEkhs
Project No.: 21911
Texas Public Utility C o d s s i o n
1701 North Congress
P.O.Box 13326
Austin, TX 7871 1-3326
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p.0. Drawer 200
Winter Park, FL
32790-0200
RE:
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Tel: 407-740-8575
Fax: 407-740-06 13
tmi@trninc.com
Cbeyond Communications of Texas, LP
TX Right-of-way Access Lines Report (CLECs)’
For the quarter of January 1,2001 to March 31,2001
Dear Ms.Elkins:
L
Enclosed please find the TX Right-of-way Access Lines Report (CLECs) for the
quarter of January 1, 2001 to March 31, 2001, filed on behalf of Cbeyond
Communications of Texas, LP. No check is enclosed as there are no remittance fees
due.
Please acknowledge receipt of this filing by date-stamping the extra copy of this
cover letter and returning it to me in the self-addressed, stamped envelope provided
for that purpose.
Questions regarding this filing should be directed to my attention at 407-740-8575.
Thank you for your assistance in this matter.
Sincerely,
I
Elizabeth A. Corddry ()
Compliance Reporting Consultant
cc:
file:
Brian Musselwhite - Cbeyond Communications of Texas, LP
Cbeyond CommUnicati.onsof Texas, LP - Reporting - Texas
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Yvonne
Washington
678 424
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Rebecca Klein
Chairman
Brett A. Perlman
Commissioner
Julie Caruthcrs Parsley
Commissioner
W. Lane Lanford
Public U Yitv Commission of Texas
E x e c u t i v e Director
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November 27,2002
Cbeyond Comrnunicarjons of Texa . LP
320 Interstate North Parkway
Atlanta, GA 30339
Re:
Notice of Violation I lid Report to Commdsion of Cbeyond Communications
of Texas, LP's vic lation of P.U.C. SUBST.R. 26.467(k)(3) (relating to
Subsequent quarter11 ::ompensation and reporting); SIR No. 01-0522-44
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Dcar Cbeyond Communications of . exas, LP:
The purpose of this Notice of Viol ion and Report to Commission is to notify you that the
Enforcement Division of the PL: lic Utility Commission of Texas is recommending
assessmcnt of administrative penalt I .s against Cbeyond Communications ofTexas, Lp for its
failure to comply with P.U.C. SUBS . R. 26.467(k)(3) relating to the reporting of access lines
in Texas. A copy of P.U.C.PROC.I 22.246, which outlines your options, is enclosed with
this Notice of Violation for your co: ,-enience.
s:.
Introduction
inistrative penalty against a person regulated by it who
'opted pursuant to PURA.2 The penalty for a violation
:j,OOO.OO, but each day a vjolatjon continues or occurs is
inposing a p e n a l t ~ .Section
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15.023 lists several factors
!.d, including the seriousness of the violation, economic
ecessary to deter future violations, efforts to correct the
.stice.may require .4
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The commission may impose an ad
violates PURA' or a ruIe or order
may be in an amount not to exceed
a separate violation for purposes of
upon which the penalty must be ba
harm,history ,of violations, amount
violation, and any other matter that.
Pursuant to P.U.C.SUBST. R. 26.4
(CTPs) are required to file quarterlj
access lines, by category, by municj
no later than 45 days from the er
excludc lines that are resold or lei
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'7(k)(3), all Certificated Telecommunications Providers
ccess line reports that include a count of the number of
dity, for the end of each month of the preceding quarter
of the preceding calendar quarter. The report shall
::d to other CTPs unless an intercarrier agreement has
Public Utility Regulatory Act, Tex. Uti!. ( I Ide Ann. $0 I I .001 - 64.158 (Vernon 1998 & Supp. 2002)(PURA).
PURA 9 15.023(a); See also, Tex. Local ( 'v'[ Code Ann., Chapter 283.
PURA 0 15.023(b).
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1701 N. Congress Avenue
PO Box 13326 Austin, 1
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78711 512/936-7000 Fax: 512/936-7003 web site: www.pucstate.tx.us
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678‘424 2500
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been reached.’ The CTP shal include with the report a certified statement from an
authorized officer or duIy aut .xized representative of the CTP certifying that the
information contained in the reG :it is true and correct.6 “Fully exempt” CTPs who have
complied with each of the applic 4e requirements of P.U.C. SUBST. R. 26.468 are the only
CTPs that do not have to file quar : rly access line reports.
Failure to comply with the cc kmission’s reporting requirements subjects a CTP to
administrative penalties, procedu. : s, and factors set forth in P.U.C. PROC. R. 22.246 and
PURA 00 15.023- 15.027. Whei mposing penalties, P.U.C. SUBST. R. 26.468 requires the
commission to consider additional ‘actorswhich includc, but are not limited to the impact of
inaccurate or delayed reporting o municipalities, the number of days the report was filed
late, and the history of previous.vi( . dtions.
11.
Summary I if the Alleged or Continuing Violation
Commission records demonstrate I ,it Cbeyond Communications of Texas, LP failed to file
quarterly access line count reports : the manner required by commission rule for each of the
quarter(s) set forth below:
’>uarter(s)I of*<2001
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Accordingly, pursuant to PURA { I 15.023 - 15.027 and P.U.C. SUBST. R. 22.246, the
Enforcement Division recommend the assessment of an administrative penalty against
Cbeyond Communications of Texas 1 2 .
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Staten t nt of the Amount of the Penalty
The Enforcement Division recomme : IJs assessing an administrative penalty against Cbeyond
Communications of Texas, LP in t b ,\mount of $ 75000.00. This recornmendation is based
upon consideration of each of the : : :tors set forth in PURA 0 15.023, P.U.C. SUSST.R.
26,468 and P.U.C. PROC. R. 22.24
Specifically, considering each of these factors, the
Enforcement Division’s recornmenc bod penalty is capped at $75,000.00 pcr quarter for
calendar year 2001 violations. Th: i recommendation represents a $5,000.00 penalty for
violating the reporting requirements : f P.U.C. Subst. R. 26.467(k)(3) for 15 week days for
each separate quarter a violation occc ed.
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IV.
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Statement Relating to ‘beyond Communications of Texas, LP’s Rights
Persons alleged to have committed : violation or continuing violation have a right to a
hearing on the occurrence of the violc . on or continuing violation, the amount of the penalty,
or both the occurrence of the violatioi .xcontinuing violation and the amount of the penalty.
Options available pursuant to comm :sion rule to resolvc this matter include paying the
penaIty, requesting a settlement confe: i nce and requesting a contested case hearing.’ A copy
of P.U.C. PROC.R. 22.246 is attached I : this Notice of Violation.
P.U.C. SUBST. R. 26.467(k)(3).
Id.
P.U.C. Proc. R.22.246
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Yvonne Washington
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Repor .Bf Violation or Continuing Violation
This correspondence constitutes the Enforcement Division’s Report of Violation or
Continuing Violation and has beer ,)rovidedto the commissioners.
V.
If you have any questions about I issues raised in this Notice of Violation, please do not
hesitate to contact Jaime Slaughter Enforcement Attorney, at (5 12) 936-7345.
;a:
Sincerely,
W. Lane Lanford
Executive Director
Public UtiIity Commission of Texa
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