BEFORE THE PUBLIC SERVICE COMMISSION

OF THE STATE OF MISSOURI

         

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 Jefferson City, Missouri

on this 20th day of May, 2015.