In the Matter of
the Application of United American )
Technology, Inc.,
for Certificate of Service Authority )
to Provide
Switched Interexchange and )
Non-Switched Local
Exchange Service in the State ) Case
No. XA-2007-0337
of
Company as Competitive )
Issue Date: April 16, 2007 Effective
Date: April 26, 2007
Syllabus: This order grants United American Technology, Inc. (“UAT”) certificates of service authority to provide interexchange and nonswitched local exchange telecommunications services, restricted to providing dedicated private line services.
On
March 15, 2007, United American Technology, Inc. (“UAT”) applied to the Missouri
Public Service Commission for certificates of service authority to provide
switched interexchange and nonswitched local exchange telecommunications
services in
regulations, did
not (and was not required to) contain a proposed tariff.[2] UAT asked the Commission to classify
it and its services as competitive and to waive certain statutes and Commission
rules as authorized by sections 392.361 and 392.420. UAT, whose principal office is located at
The Commission issued a Notice of
Applications for Intrastate Certificates of Service Authority and
UAT
intends to provide switched interexchange and nonswitched local exchange
telecommunications services limited to providing dedicated private line
services on a resold basis throughout
In its Memorandum filed on April 12, 2007, the Staff of the Commission recommended that the Commission grant UAT a certificate of intrastate, interexchange service authority and a certificate of service authority for local exchange telecommunications service on condition that this authority be restricted to providing dedicated private line services. Staff recommended that the Commission classify UAT and its services as competitive, and that the Commission waive the statutes and rules listed in the Notice.
The Commission finds that competition in the intrastate interexchange and nonswitched local exchange telecommunications markets is in the public interest and that UAT shall be granted certificates of service authority. The Commission finds that the services UAT proposes to offer are competitive and that UAT shall be classified as a competitive company. The Commission finds that waiving the statutes and Commission rules set out in the ordered paragraph below is reasonable and not detrimental to the public interest.
The
Commission reminds the company that failure to comply with its regulatory
obligations may result in the assessment of penalties against it. These regulatory obligations include, but are
not limited to, the following:
A)
The
obligation to file an annual report, as established by section 392.210. Failure to comply with this obligation will
make the utility liable to a penalty of $100 per day for each day that the
violation continues. Commission Rule 4 CSR
240‑3.540 requires telecommunications utilities to file their annual
report on or before April 15 of each year.
B)
The
obligation to pay an annual assessment fee established by the Commission, as
required by section 386.370.
C)
The
obligation to comply with all relevant laws and regulations, as well as orders
issued by the Commission. If the company
fails to comply, it is subject to penalties for noncompliance ranging from $100
to $2,000 per day of noncompliance, pursuant to section 386.570.
D)
The
obligation to keep the Commission informed of its current address and telephone
number.
Furthermore, the company is reminded that, as it is a corporation, non-attorneys
may not represent the company before the Commission. Instead, the corporation must be represented
by an attorney licensed to practice law in
Furthermore, as noted above, no proposed tariff was submitted with the application. While no tariff filing is required at this
time, the Commission advises UAT that “[b]efore service can be provided, a
tariff and any applicable interconnection agreements must be filed with the
commission and approved.”[3] Finally,
the company is reminded that Section 392.410.5, RSMo Cum. Supp. 2005,
renders the company’s certificate of service authority null and void
one year from the date of this order unless it has exercised its authority
under that certificate.
IT
IS ORDERED THAT:
1.
United American Technology, Inc. is
granted a certificate of service authority to provide intrastate interexchange
telecommunications services in the state of
2.
United American Technology, Inc. is
granted a certificate of service authority to provide nonswitched local
exchange telecommunications services in the state of
3.
The
certifications granted herein are conditioned upon United American
Technology, Inc.’s compliance with the
regulatory obligations in this order.
4.
United American Technology, Inc. is classified
as a competitive telecommunications company.
Application of the following statutes and administrative regulations
shall be waived:
392.210.2 - Uniform
System of Accounts
392.240.1 - Rates-Rentals-Service
& Physical Connections
392.270 - Valuation
of Property (Ratemaking)
392.280 - Depreciation
Accounts
392.290 - Issuance
of Securities
392.300.2 - Acquisition
of Stock
392.310 - Stock
and Debt Issuance
392.320 - Stock
Dividend Payment
392.330 - Issuance
of Securities, Debts and Notes
392.340 - Reorganization(s)
4 CSR 240-10.020 - Depreciation
Fund Income
4 CSR 240-30.040 - Uniform
System of Accounts
5.
This order shall become effective
on April 26, 2007.
6.
This case may be closed on April 27,
2007.
BY THE COMMISSION
Colleen M. Dale
Secretary
( S E A L )
Law Judge, by
delegation of authority
under section 386.240,
RSMo 2000.
Dated at
on this 16th day
of April, 2007.
[1] Unless otherwise indicated, all statutory references are to RSMo 2000.
[2] See Commission Rule 4 CSR
240-3.510(1)(C), which provides that a proposed tariff may, but need not be,
filed simultaneously with an application for a certificate of service authority
to provide interexchange, local exchange, or basic local exchange
telecommunications services. Although
UAT did file an illustrative draft tariff lacking an issue or effective date in
conjunction with its application, the tariff was not formally submitted for
Commission approval. UAT has advised the
Commission that it plans to file a tariff after it has been granted the
requested certificates of service authority.
[3] 4 CSR 240-3.510(1)(C). The tariff filed with the Commission must
have “an effective date which is not fewer than forty-five (45) days after the
tariff’s issue date.”