Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 15 - Notification of Transactions Affecting Customers or Business Operations › Section 165:55-15-1 - Notification of certain transactions affecting the customers or operations of a telecommunications service provider or IXC

Current through Vol. 41, No. 20, July 1, 2024
(a) The parties to an agreement, the
				performance of which will result in the movement of some or all of the
				regulated telecommunications services customers of one or more certificated
				telecommunications services providers or IXCs to a different legal entity,
				shall, at least forty-five (45) days before the effective date of such proposed
				transaction, file the Notification of Transaction with the Commission's Office
				of the Court Clerk, accompanied by the applicable filing fee, in order to
				notify the Commission of the transaction. Any related relief, including but not
				limited to new Certificates of Convenience and Necessity or tariffs, shall be
				filed as separate cases.
(b) 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 a Notification of Transaction with the Commission's Office of the Court
				Clerk, accompanied by the applicable filing fee, in order to notify the
				Commission of the transaction.
(c)
				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 local and/or interexchange telecommunications services,
				shall, at least forty-five (45) days before the effective date of such proposed
				transaction, file a Notification of Transaction with the Commission's Office of
				the Court Clerk, accompanied by the applicable filing fee, in order to notify
				the Commission of the transaction.
(d) This Section shall not require
				notification to the Commission of transactions which involve only changes in
				the ownership of the stock of a telecommunication service provider or IXC. Such
				transactions are not subject to regulation by the Commission.
(e) 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 telecommunications 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
				CSD 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 cases docketed at the Commission.
(8) An affidavit that states that the
				surviving entity possesses the financial ability to provide telecommunications
				services in the State of Oklahoma.
(9) A copy of the notice which will be
				provided to affected customers informing them of the transaction and any change
				in the name of the entity which provides telecommunications services to them or
				in their rates, charges or terms and conditions of service as a result of the
				transaction.
(10) Identification of
				any changes in services to be offered or tariffed rates to affected customers
				required by the transaction.
(11) A
				narrative and/or schematic description of the relationship between or among the
				acquired and acquiring entities and the surviving entity.
(12) An acknowledgment that any tariff
				revisions shall only be accomplished in a separate filing.
(13) A statement of the approximate number of
				Oklahoma customers.
(14) In
				addition, this Section shall not apply to transactions between affiliates that
				have an Oklahoma Certificate of Convenience and Necessity or to transactions
				involving the merger of two affiliates, only one of which has an Oklahoma
				Certificate of Convenience and Necessity, provided that the surviving entity
				operates under the name of the affiliate that held the Oklahoma Certificate of
				Convenience and Necessity prior to the merger, and remains subject to the
				Commission's jurisdiction. If the transaction is going to modify the company
				name on the customer's bill, forty-five (45) days advance notice must be
				provided to affected customers.