Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 3 - Certificates, Reports, and Records › Part 1 - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 165:55-3-1 - Certificate of Convenience and Necessity

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requirement for Certificate of
				  Convenience and Necessity.
No person, firm, association, corporation or
				  cooperative shall furnish telecommunications service to any end-user or
				  customer in the State of Oklahoma without first having secured a Certificate of
				  Convenience and Necessity from the Commission.
(b)
Requirement for Certificate of
				  Convenience and Necessity prior to receiving funding from the Oklahoma
				  Universal Service Fund.
Any provider, excluding One Net, requesting
				  funding from the Oklahoma Universal Service Fund for the provision of Special
				  Universal Services shall first obtain a Certificate of Convenience and
				  Necessity from the Commission.
(c)
Application for Certificate of Convenience and Necessity.
Every
				  provider of telecommunications services making application to the Commission
				  for a Certificate of Convenience and Necessity in accordance with 17 O.S.
				  § 131
et seq.
shall be required to demonstrate its
				  financial, managerial and technical ability to provide the requested
				  telecommunications services in the State of Oklahoma. An application for a
				  certificate to provide telecommunications service in the State of Oklahoma
				  shall be made pursuant to and in conformance with the requirements of Oklahoma
				  law and any additional requirements set forth in this Chapter. An application
				  for Certificate of Convenience and Necessity shall be filed with the
				  Commission's Office of the Court Clerk. A filing fee pursuant to the
				  Commission's Rules of Practice, OAC 165:5, shall be required.
(d)
Application requirements for
				  Certificate of Convenience and Necessity.
An application for a
				  Certificate of Convenience and Necessity shall include information and
				  attachments which are certified as true and correct by an officer of any
				  corporate applicant, or an authorized representative of an unincorporated
				  applicant. The Commission reserves the right to deny or dismiss, without
				  prejudice, any application found not to be in compliance with this subchapter.
				  If an applicant is unable to produce any information required in this
				  subsection, the applicant must provide a statement explaining why the
				  information is not included.
(1) The
				  application shall contain the following information:
(A) The complete name, including any and all
				  trade name(s) under which business will be conducted pursuant to 18 O.S. §
				  1140, corporate or other headquarters street address and names/addresses of
				  principal or corporate officers of the entity proposing to sell
				  telecommunications service or provide Special Universal Services to the public
				  in the State of Oklahoma. The telephone number and, if applicable, the
				  toll-free number will also be included.
(B) If different from those provided pursuant
				  to subparagraph (1)(A) of this Section, the names and address(es) of all
				  officers and corporate or primary offices of the applicant for a Certificate of
				  Convenience and Necessity located in the State of Oklahoma and the name(s) and
				  address(es) of senior management personnel responsible for Oklahoma operations.
(C) A description of any facilities
				  that will be used to provide services in Oklahoma, and whether applicant
				  intends to add additional facilities that will be used to provide services in
				  Oklahoma.
(D) A written affirmation,
				  signed before a Notary Public by someone with authority to bind the corporation
				  or entity, containing the following statements:
(i) That the information contained in the
				  application is true and correct;
(ii) That the applicant is familiar with and
				  will comply with all federal and state laws, and the rules and orders of this
				  Commission;
(iii) That for each area
				  or exchange(s) an applicant proposes to serve, the applicant agrees to offer
				  the provisioning of service to all end-users within that area or exchange(s) on
				  a nondiscriminatory basis;
(iv)
				  That the applicant understands the Commission's contempt authority;
(v) That the applicant will contribute to the
				  Oklahoma Universal Service Fund pursuant to OAC 165:59;
(vi) That the applicant will comply with the
				  provisions of
				  165:55-13-10.1 and will include a
				  statement to this effect in its tariffs;
(vii) That the applicant is a data-only
				  provider or is seeking a CCN exclusively in order to seek reimbursement from
				  the OUSF under 17 O.S. § 139.109.1(B)(4) for the provision of Special
				  Universal Services, or, if not, that prior to commencing to provide local
				  exchange service the applicant will notify each Public Safety Answering Point
				  ("PSAP") within their service area that they will be providing service within
				  the area served by the PSAP, and provide each PSAP with contact information in
				  case there are issues with the completion of calls by the customers of the
				  Applicant. The attachment shall also state that the Applicant will comply with
				  the requirements of 17 O.S. § 131 and will collect and disburse the
				  E911/911 fee as required by 63 O.S. § 2814. Such affirmation should also
				  include a statement that applicant will provide proof to the Commission of such
				  compliance within thirty (30) days following Applicant's initial provisioning
				  of local service;
(viii) That the
				  applicant understands that before it ceases, discontinues, or curtails
				  operations and/or service, it must file with the Commission and provide each
				  affected customer, in the manner required by the Commission, notice of the
				  intended action, and, if the change impacts the availability or operation of
				  E911 service, must also provide notice to any E911/911 Database Management
				  Service Provider, pursuant to OAC
				  165:55-15-5;
(ix) A statement that the applicant, its
				  owners (individuals and/or entities) or investors holding more than five (5)
				  percent ownership, or companies, or officers and senior management, are not
				  currently under investigation or involved in any pending or concluded
				  investigations or litigation, either in this state or in another state or
				  jurisdiction, for violation of any deceptive trade or consumer protection law
				  or regulation related to the operation of a regulated industry, if that is the
				  case;
(x) A statement that the
				  applicant, or its owners (individuals and/or entities) or investors holding
				  more than five (5) percent ownership, or companies, or officers and senior
				  management, have not been fined, found guilty, sanctioned or otherwise
				  penalized either in this state or in another state or jurisdiction for
				  violation or any consumer protection law or regulation related to the operation
				  of a regulated industry, if that is the case; and
(xi) If either of the statements required in
				  (ix) and (x) above is untrue, a detailed explanation of the circumstances of
				  the investigation or fine, sanction, or penalization including a detailed
				  description of the case(s), the number of customers involved, and current
				  status of the proceeding.
(xii) A
				  statement as to whether 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.