Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter O - ABBREVIATED PROCEDURES FOR REVIEW AND APPROVAL OF TRANSFER OF CONTROL FOR TELECOMMUNICATIONS PUBLIC UTILITIES › Section 63.322 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise:
Applicant
-A carrier, incumbent local
						exchange carrier, or telecommunications public utility seeking Commission
						review and approval of a transaction under
						66 Pa.C.S. §
												§
												1102 and
						1103 (relating to
						enumeration of acts requiring certificate; and procedure to obtain certificates
						of public convenience).
Assets
-Property of all kinds, real and
						personal, tangible and intangible, including patents and causes of action which
						belong to an applicant as defined in this section under State and Federal
						law.
Carrier
-An entity defined as a "public
						utility" in
						66 Pa.C.S. §
												102
						(relating to definitions) or defined as a "public utility" in
						66 Pa.C.S. §
												102 and
						certificated by the Commission under
						66 Pa.C.S. §
												1102(a).
Controlling interest
-An interest, held
						by a person or group acting in concert, which enables the beneficial holder or
						holders to control 20% or more, either within this Commonwealth or Nationwide,
						whichever is larger, of the voting interest in the telecommunications public
						utility or its parent, regardless of the remoteness of the holder or holders or
						the transaction. A contingent right may not be included.
Customer base
-An asset of an applicant
						consisting of all or a portion of the customers served by the applicant.
Formal complaint
-The term as defined in
						§
											1.8 (relating to definitions) of
						the Commission's rules of practice and procedure.
Formal investigation
-The term as defined
						in §
											1.8 of the Commission's rules of
						practice and procedure.
Formal proceeding
-The term as defined in
						§
											1.8 of the Commission's rules of
						practice and procedure.
General rule transaction
-A transaction
						resulting in a change in rates or conditions of service or which, taken
						together with all previous internal corporate restructurings, changes the
						applicant's controlling interest greater than 20%.
Incumbent local exchange carrier
-A local
						exchange carrier as defined in section 3(26) of the Telecommunications Act of
						1934 ( 47 U.S.C.A. §
												153 ) or a local exchange telecommunications
						company as defined in
						66 Pa.C.S. §
												3012
						(relating to definitions) including a certificated carrier under
						66 Pa.C.S. §
												1102(a).
Informal complaint
-The term as defined
						in §
											1.8 of the Commission's rules of
						practice and procedure.
Informal investigation
-The term as
						defined in §
											1.8 of the Commission's rules of
						practice and procedure.
Informal proceeding
-The term as defined
						in §
											1.8 of the Commission's rules of
						practice and procedure.
Party
-The term as defined in §
											1.8 of the Commission's rules of
						practice and procedure.
Pennsylvania legal counsel
-The attorney
						of record appearing before the Commission as required under §
											§
											1.21 and
						1.22 (relating to appearance; and
						appearance by attorney or certified legal intern) of the Commission's rules of
						practice and procedure.
Person
-The term as defined in §
											1.8 of the Commission's rules of
						practice and procedure.
Pro forma transaction
-A transaction that
						is seamless to the customer and does not result in a change in rates or
						conditions of service which, taken together with all previous internal
						corporate restructurings, does not change the applicant's controlling interest
						greater than 20%.
Staff
-The term as defined in §
											1.8 of the Commission's rules of
						practice and procedure.
Statutory advocate
-The term as defined
						in §
											1.8 of the Commission's rules of
						practice and procedure.
Telecommunications public utility
-An
						entity that provides telecommunications service as defined in section 3(46) of
						the Telecommunications Act of 1934 or
						66 Pa.C.S. §
												3012 or
						as a carrier.
Verification
-The term as defined in
						§
											1.8 of the Commission's rules of
						practice and procedure.