Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 57 - Operator Service Providers Telecommunications Services › Subchapter 12 - Notification of Changes to Ownership, Control or Business Operation › Section 165:57-12-1 - Notification of transactions affecting the ownership or control of an OSP

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 operator service providers to a different legal entity, shall, at
				least forty-five (45) days before the effective date of such proposed
				transaction, file an original and eight (8) copies of 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.
(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 an original and eight (8) copies of 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 operator
				services, shall, at least forty-five (45) days before the effective date of
				such proposed transaction, file an original and eight (8) copies of 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 an operator service provider.
				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
				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 operator service provider 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.