Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 58 - Facilitation and Provisioning of Payphone Service › Subchapter 12 - Notification of Changes to Ownership, Control or Business Operations › Section 165:58-12-1 - Notification of transactions affecting the ownership or control of a payphone service provider

Current through Vol. 41, No. 20, July 1, 2024
(a) The parties
				to an agreement, the performance of which will result in the transfer of a
				Certificate of Convenience and Necessity, with or without the transfer of a
				tariff, from one legal entity to another legal entity shall, at least
				forty-five (45) days before the effective date of such proposed transaction,
				file an original and four (4) copies of a Notification of Transaction with the
				Commission's Court Clerk, accompanied by the applicable filing fee, in order to
				notify the Commission of the transaction.
(b) The parties to an agreement, the
				performance of which will result in the merger of one or more legal entities
				with a surviving legal entity which is certificated to provide payphone
				services, shall, at least forty-five (45) days before the effective date of
				such proposed transaction, file an original and four (4) copies of a
				Notification of Transaction with the Commission's Court Clerk, accompanied by
				the applicable filing fee, in order to notify the Commission of the
				transaction.
(c) This Section shall
				not require notification to the Commission of transactions which involve only
				changes in the ownership of the stock of a payphone service provider. Such
				transactions are not subject to regulation by the Commission.
(d) The Notification of Transaction shall
				include a copy of the agreement, with all exhibits and schedules, and set forth
				the following information, if applicable:
(1)
				The name of the acquiring entity and the acquired entity.
(2) Identification of the acquired
				assets.
(3) The anticipated
				completion date and the effective date (if different) of the
				transaction.
(4) The name of the
				entity(ies) which will be providing payphone services in Oklahoma subsequent to
				the effective date of the transaction (the "surviving entity").
(5) The name, address and telephone number of
				a contact person for purposes of the Notification of Transaction.
(6) The names and qualifications of the
				individuals who will serve as officers and management of the surviving
				entity.
(7) The name(s),
				address(es) and telephone number(s) of the representatives of the surviving
				entity who will be the contact(s) for the Public Utility Division and the
				Consumer Services Division and will be primarily responsible for:
(A) Providing customer service;
(B) Repair and maintenance;
(C) Answering complaints;
(D) Authorizing and/or furnishing refunds to
				customers;
(E) Tariff issues;
				and,
(F) Receiving Notices related
				to causes docketed at the Commission.
(8) An affidavit, including a financial
				statement, that states that the surviving entity possesses the financial
				ability to provide payphone services in the State of Oklahoma.
(9) Identification of any changes in services
				to be offered or tariffed rates to affected customers required by the
				transaction.
(10) A narrative
				and/or schematic description of the relationship between or among the acquired
				and acquiring entities and the surviving entity.
(11) An acknowledgment that any tariff
				revisions shall only be accomplished in a separate filing.