Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 57 - Operator Service Providers Telecommunications Services › Subchapter 5 - Certificates, Reports, and Records › Part 1 - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 165:57-5-1 - Certificate of Convenience and Necessity

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requirement for Certificate of Convenience and Necessity.
No
				  person or entity shall furnish operator services to any end-user in the State
				  of Oklahoma without first having secured a Certificate of Convenience and
				  Necessity from the Commission. ILECs and certificated IXCs providing operator
				  services prior to January 1, 1996, shall not be required to obtain a
				  Certificate of Convenience and Necessity for the operator services being
				  provided on that date.
(b)
Application for Certificate of Convenience and Necessity.
An
				  applicant to the Commission for a Certificate of Convenience and Necessity to
				  provide operator service in the State of Oklahoma shall be required to
				  demonstrate its financial, managerial and technical ability to provide the
				  requested operator service in the State of Oklahoma. An application for
				  Certificate of Convenience and Necessity to provide operator services 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 application for a Certificate of Convenience and
				  Necessity shall be in a format approved by the Director of the Public Utility
				  Division. 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
				  application to the Commission for a Certificate of Convenience and Necessity to
				  provide operator 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 the format set forth in Appendix G to this
				  Chapter:
(1) As applicable the complete name,
				  including each and every trade name(s) 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 provide operator
				  services 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 OSP 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, used by the operator service provider in the
				  State of Oklahoma.
(5) A financial
				  statement.
(6) Contact name(s),
				  address(es) and the toll free telephone number(s) of the individual(s)
				  responsible for providing service to Aggregators and consumers, 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
				  company.
(7) A description of the
				  OSP'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.1, 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, tolls, charges, and service classifications in a format
				  approved by the Director of the Public Utility Division. The proposed tariffs
				  shall comply with OAC
				  165:57-7-1
				  through OAC
				  165:57-7-3.
(9) An example of signage proposed to be
				  utilized by the OSP which is in conformance with OAC
				  165:57-3-2.
(10) A copy of the applicant's proposed
				  complaint report form which is consistent with OAC
				  165:57-5-24.
				  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.
(11)
				  A written affirmation, signed before a Notary Public by someone with authority
				  to bind the applicant, in a format approved by the Director of the Public
				  Utility Division that:
(A) The information
				  contained in the application is true and correct;
(B) The OSP 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 operator service(s) in the State of
				  Oklahoma;
(D) The OSP will
				  contribute to the Oklahoma Universal Service Fund pursuant to OAC 165:59;
				  and,
(E) The OSP understands the
				  Commission's contempt authority.
(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/or,
(D) Authorization has been revoked, with a
				  certified copy of the revocation document attached.