Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 56 - Resellers of Interexchange Telecommunications Services › Subchapter 3 - Certificates, Reports and Records › Section 165:56-3-1 - Certificate of Convenience and Necessity

Current through Vol. 41, No. 20, July 1, 2024
(a) Requirement
				for Certificate of Convenience and Necessity. No person shall resell any
				telecommunications service obtained from a certificated carrier to any customer
				in Oklahoma, without first having secured a Certificate of Convenience and
				Necessity from the Commission.
(b)
				Application for Certificate of Convenience and Necessity. An application for a
				Certificate of Convenience and Necessity shall be made pursuant to the
				requirements of 17 O.S. §
									131
et seq
. and shall conform to the requirements thereof and with
				the Commission's Rules of Practice, OAC 165:5, and any additional requirements
				set forth in this Chapter. An original and four (4) copies of the application
				for a Certificate of Convenience and Necessity shall be filed with the
				Commission's Court Clerk. A filing fee pursuant to the Commission's Rules of
				Practice, OAC 165:5, shall be required.
(c) Application requirements for Certificate
				of Convenience and Necessity. An applicant to the Commission for a Certificate
				of Convenience and Necessity to provide reseller service in the State of
				Oklahoma shall be required to demonstrate its financial, managerial, and
				technical ability to provide the requested reseller service in the State of
				Oklahoma. An application for a Certificate of Convenience and Necessity to
				provide reseller services shall include as attachments to the application the
				following information, which must be certified as true and correct by an
				officer of any corporate applicant, or an authorized representative of an
				unincorporated applicant, in a format approved by the Director of the Public
				Utility Division:
(1) As applicable, the
				complete name, including each and every trade name under which business will be
				conducted, corporate or other headquarters address and names/addresses of
				principal corporate officers or partners of the entity proposing to resell
				telecommunications service to the public in the State of Oklahoma. Also,
				include the telephone number and, if applicable, the toll-free telephone
				number.
(2) If different from those
				provided in paragraph (1) of this subsection, the name(s) and address(es) of
				all officers and corporate offices of the reseller located in the State of
				Oklahoma and the name(s) and address(es) of employee(s) responsible for
				Oklahoma operations.
(3) A copy of
				the applicable certificate, issued by Oklahoma's Secretary of State, to
				transact business in the State of Oklahoma.
(4) A copy of the Corporate Trade Name
				Report, issued by Oklahoma's Secretary of State, shall be provided for each and
				every trade name, i.e. a d/b/a, utilized by the reseller.
(5) A financial statement.
(6) Contact name(s), address(es) and
				telephone number(s) of the individual(s) responsible for providing service to
				customers, for repairs and maintenance, for answering complaints, and supplying
				refunds. This will be the principal contact to be utilized by the Commission's
				Consumer Services Division and Public Utility Division regarding questions and
				complaints against the reseller.
(7) A description of the reseller's proposed
				procedures used to verify customer- ordered changes in presubscribed carriers,
				including, but not limited to, a proposed letter of agency that is consistent
				with the requirements of 47 CFR Ch. I, Section 64.1150, proposed independent
				third-party verification script and/or proposed telephone contact
				script.
(8) A complete set of
				proposed tariffs which shall include terms and conditions of service and all
				rates, charges, and service classifications in a format approved by the
				Director of the Public Utility Division. The proposed tariffs shall comply with
				OAC
				165:56-5-1
				through OAC
				165:56-5-3.
(9) A copy of the applicant's proposed
				complaint report form which is consistent with OAC
				165:56-7-5.
				The complaint report form and complaint codes suggested by the Director of the
				Consumer Services Division are included as Appendix H and Appendix I,
				respectively, to this Chapter.
(10)
				A written affirmation, signed before a Notary Public by someone with authority
				to bind the applicant, that:
(A) The
				information contained in the application is true and correct;
(B) The reseller is familiar with and will
				comply with all applicable federal and state laws and the rules and orders of
				the Commission;
(C) The applicant
				possesses the financial ability to provide reseller services in the State of
				Oklahoma;
(D) The reseller will
				contribute to the Oklahoma Universal Service Fund annually pursuant to OAC
				165:59;
(E) The reseller
				understands the Commission's contempt authority;
(F) A statement that the applicant is not
				currently under investigation, either in this state or in another state or
				jurisdiction, for violation of any deceptive trade or consumer protection law
				or regulation, if that is the case;
(G) A statement that the applicant has not
				been fined, sanctioned or otherwise penalized either in this state or in
				another state or jurisdiction for violation or any consumer protection law or
				regulation, if that is the case;
(H) If either of the statements required in
				(F) and (G) above is untrue, a detailed explanation of the circumstances of the
				investigation or fine, sanction, or penalization including a detailed
				description of the cause(s), the number of customers involved, and current
				status of the proceeding; and
(I) A
				statement as to whether the applicant currently seeks state or federal
				universal service funding of any kind for services provided in the state(s) in
				which applicant is currently authorized to provide service, and whether
				applicant intends to seek Oklahoma Universal Service Fund funding in
				Oklahoma.
(11) The
				reseller's carrier identification code (CIC) and a statement that the reseller
				will provide its CIC to each LEC providing service in the State of Oklahoma, in
				order for the reseller to be identified. In the event the reseller does not
				have an assigned CIC, proof shall be provided that efforts to obtain the code
				have been initiated. If the reseller uses more than one CIC, each CIC and all
				associated trade name(s) shall be provided.
(12) A statement regarding whether the
				applicant intends to utilize the services of a billing agent to issue bills to
				end-users.
(13) A brief description
				of its history of providing the requested telecommunications service, or other
				telecommunications services, in order to demonstrate its managerial experience.
				The history shall include a list of the geographic areas in which it previously
				provided service and/or is currently providing service and such other
				documentation as may be requested by the Commission. Applicants for a
				Certificate of Convenience and Necessity without prior experience shall list
				the experience of each principal officer, partner, or the sole proprietor in
				order to demonstrate its managerial ability, and/or provide other documentation
				as may be requested by the Commission.
(14) A description of the applicant's
				experience in providing telecommunications services in order to demonstrate its
				technical abilities. In the case of applicants for a Certificate of Convenience
				and Necessity without prior experience, the applicant shall provide
				documentation which supports its technical abilities or other documentation as
				may be requested by the Commission.
(15) A list of all other states, if any,
				where:
(A) The applicant is authorized to
				operate;
(B) Authorization to
				operate is pending;
(C) A request
				for authorization has been denied, including the reason stated for denial, with
				a certified copy of the denial document attached; and,
(D) Authorization has been revoked, with a
				certified copy of the revocation document attached.
(16) A statement that the service territory
				is to be the State of Oklahoma or, if less than the State of Oklahoma, a
				description of the proposed service territory is to be provided.