BEFORE
THE PUBLIC SERVICE COMMISSION
OF THE STATE OF
In the Matter
of the Cancellation of the Certificate )
Of
Service Authority of AT&T Communications )
File No. XD- 2013-0533
Of the
Southwest, Inc., d/b/a SmarTalk, to Provide )
Tracking
No. YX-2007-0222
Intrastate
Interexchange Telecommunications )
Services in
the State of Missouri )
ORDER
CANCELING CERTIFICATE AND
ACCOMPANYING
TARIFF
Issue Date: July 12, 2013
Effective Date: July 22, 2013
On October 31, 2006, the Commission
granted AT&T Communications of the Southwest, Inc., d/b/a SmarTalk (“SmarTalk”)
a certificate of service authority to provide intrastate interexchange telecommunications
services in File No. TA-2007-0135, and approved the associated tariff recorded in
Tracking No. YX-2007-0222.
On March 30, 2012, SmarTalk provided
written notice to the Commission indicating that pursuant to Section 392.461,
RSMo[1],
SmarTalk was withdrawing Message Telecommunications Services Tariff, P.S.C. MO
No. 1. SmarTalk’s Notice of Election and Withdrawal was recorded in File No.
JX-2012-0542, with an effective date of May 1, 2012.
On February 27, 2013, SmarTalk filed a
Statement of Revenue with the Commission, in which SmarTalk indicated a wish to
no longer retain its certificate of service authority. On June 20, 2013, the Staff
of the Missouri Public Service Commission filed a motion requesting the
Commission cancel SmarTalk’s certificate of service authority and associated
tariff to provide intrastate interexchange telecommunications services within
Missouri.
Staff states in its motion that SmarTalk,
to the best of Staff’s knowledge, is not providing services in Missouri. Staff
recommends that the Commission cancel SmarTalk’s certificate of service
authority to provide intrastate interexchange telecommunications service, and SmarTalk’s
accompanying tariff.
The Commission has the authority to
cancel a certificate and tariff pursuant to Section 392.410.5, RSMo
Cum.Supp.2012, 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.”
On June 27, 2013, the Commission
issued an Order Directing Notice allowing any parties to file an objection or
request a hearing no later than July 8, 2013.
No objections or requests for a hearing were filed. The Commission need
not hold a hearing, if, after proper notice and opportunity to intervene, no
party requests such a hearing.[2]
Based
on Staff’s motion, the Commission finds that the certificate of service
authority and accompanying tariff granted to AT&T Communications of the
Southwest, Inc., d/b/a SmarTalk, shall be canceled.
THE COMMISSION ORDERS THAT:
1. The certificate of service authority to
provide intrastate interexchange telecommunications services, granted to AT&T
Communications of the Southwest, Inc., d/b/a SmarTalk in File No. TA-2007-0135
is canceled.
2.
AT&T Communications of the
Southwest, Inc., d/b/a SmarTalk’s tariff, P.S.C. MO No. 1, and found in
Tracking No. YX-2007-0222, if not already cancelled pursuant to the Notice of
Election and Withdrawal in Tracking No. JX-2012-0542, is canceled.
3. This order shall become effective on July
22, 2013.
4. This
file may be closed on July 23, 2013.
BY THE COMMISSION
Morris
L. Woodruff
Secretary
(SEAL)
Kim
S. Burton, Regulatory
Law
Judge, by delegation of authority
pursuant
to Section 386.240, RSMo 2000.
Dated
at
on
this 12th day of July, 2013.
[1] Section 392.461.(2), RSMo Cum.Supp.2012, states in pertinent part: “Notwithstanding other provisions….a telecommunications company may, upon written notice to the commission, elect to be exempt from any requirements to file or maintain with the commission any tariff or schedule of rates….”
[2] State ex reI. Rex Deffenderfer Enterprises, Inc. v. Public Service Commission, 776 S.W.2d 494 (Mo. App. W.D. 1989).