BEFORE
THE PUBLIC SERVICE COMMISSION
OF THE STATE OF
In the Matter
of the Cancellation of the ) File
No. CD-2015-0287
Certificate
of Service Authority and ) Tracking Nos. JL-2002-0270
Tariff of
Cbeyond Communications, LLC ) JL-2002-0271
ORDER
CANCELING CERTIFICATES AND
ACCOMPANYING
TARIFFS
Issue Date: May 20, 2015 Effective
Date: May 30, 2015
On May 5, 2015, the Staff of the
Missouri Public Service Commission filed a motion requesting Cbeyond
Communications, LLC (“Cbeyond”) certificates of service authority and accompanying
tariffs to provide competitive basic local and interexchange telecommunication services in the State of Missouri be
cancelled.
In File Numbers TA-2001-259 and
TA-2001-260, the Commission granted Cbeyond certificates of service authority
to provide competitive basic local and interexchange telecommunication service in the State of Missouri. The Company’s tariffs, P.S.C. Mo No. 1 and 2,
were also approved. In File Numbers
XN-2015-0270 and CN-2015-0098 the Commission approved the current name (d/b/a
Birch).
Staff states in its motion that Cbeyond
contacted Staff via letter stating Cbeyond no longer wished to provide service
in Missouri and requested the Commission cancel Cbeyond’s certificates of
service authority. Staff recommends that
the Commission cancel the company’s certificates of service authority to
provide competitive basic local and interexchange telecommunications services,
and the company’s accompanying tariffs.
On May 7, 2015, the Commission issued
an Order Establishing Time to Respond allowing any parties to file an objection
or request a hearing to do so no later than May 18, 2015. No objections or requests for a hearing were
filed.
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 Staff’s motion, the Commission finds that the certificate of service
authority and accompanying tariff granted to Cbeyond Communications, LLC, shall
be canceled.
IT IS ORDERED THAT:
1. The certificate of authority to provide competitive
basic local and interexchange telecommunications services granted to Cbeyond
Communications, LLC, in File Numbers TA-2001-0259 and TA-2001-0260, are
canceled.
2.
Cbeyond Communications, LLC’s tariffs,
P.S.C. Mo No. 1 and 2, are canceled.
3. This order shall become effective on May
30, 2015.
4. This
case may be closed on May 31, 2015.
BY THE COMMISSION
Morris
L. Woodruff
Secretary
Morris
L. Woodruff, Chief Regulatory
Law
Judge, by delegation of authority
pursuant
to Section 386.240, RSMo 2000.
Dated
at
on
this 20th day of May, 2015.