3 AAC 52.360 - Certificates of public convenience and necessity
Current through April 6, 2022
(a) The following
entities are not eligible to register or renew registration under
3
AAC 52.358, and must file an application in compliance
with this section to obtain a certificate of public convenience and necessity
to provide intrastate interexchange telephone service:
(1) an entity that proposes to provide
facilities-based intrastate interexchange telephone service, whether or not the
entity is registered under
3
AAC 52.358;
(2) an interexchange carrier or alternate
operator service provider that is registered under
3
AAC 52.358, if that entity has more than one million
intrastate billable minutes per month for three consecutive months;
(3) an incumbent local exchange
carrier;
(4) an entity that
provides service to inmates in a correctional facility;
(5) an entity affiliated with either a
facilities-based interexchange carrier or an incumbent local exchange
carrier.
(b) An
application for a certificate must include
(1)
the entity's legal name and the name under which the applicant proposes to do
business;
(2) the address of the
entity's principal national place of business, and, if different, its place of
business in this state;
(3) the
name, title, and telephone number of the individual who is available to provide
the commission with information about the application;
(4) the applicant's type of business
structure, including proof of incorporation and the name and address of the
applicant's registered agent, if applicable;
(5) proof of the applicant's authority to do
business in this state;
(6) a list
of the owners of five percent or more of the applicant's equity;
(7) a list of persons or entities that are
affiliated interests of the applicant;
(8) a list of all administrative and judicial
proceedings that resulted in
(A) suspension,
revocation, or denial of the authority, license, or certification of the
applicant or its officers, directors, or affiliates to provide utility
services;
(B) a reprimand, penalty,
or conviction of an applicant or its officers, directors, or affiliates related
to operations, gross misrepresentations, fraudulent transactions, or securities
violations; or
(C) an adjudication
of bankruptcy or a reorganization in bankruptcy of the applicant or its
officers, directors, or affiliates;
(9) a list of all cases and locations in
which the applicant, or its officers, directors, or affiliates, have abandoned
service in violation of applicable statutes, regulations, or orders;
(10) a list of the names, titles, and
responsibilities of key management now employed or to be employed by the
applicant, and resumes for each person;
(11) for existing businesses, copies of
(A) the most recent year's balance sheet and
income statement; or
(B) Federal
Communications Commission Form M and, if available, Securities and Exchange
Commission Form 10-K;
(12) for new businesses, copies of the most
recent year's balance sheet and income statement for the owners of the business
listed under (6) of this subsection;
(13) a list of all services proposed,
together with an explanation of the applicant's technical ability to provide
the proposed services;
(14) a list
of all locations proposed to be served on an originating basis;
(15) a list of all locations proposed to be
served on a terminating basis;
(16)
a description of all existing facilities that will be used to provide
intrastate interexchange telephone service;
(17) a description of all agreements or
negotiations with other utilities for joint use and interconnection of
facilities;
(18) a description of
all facilities planned for construction within five years to provide intrastate
interexchange telephone service;
(19) a description of all existing
facilities, or facilities planned for construction within five years, that are
or will be used to provide interstate interexchange service;
(20) a tariff of rates and services;
and
(21) a verification signed by
the person authorized to sign on behalf of the applicant that all of the
information provided in the application is true, accurate, and
complete.
(c) Notice of
an application for a certificate of public convenience and necessity to provide
intrastate interexchange telephone service will be given in accordance with
3
AAC 48.645(a).
(d) The commission will issue a certificate
of public convenience and necessity within 90 days after the date of filing of
a complete certificate application by an entity that proposes to provide
intrastate interexchange telephone service under this section and that is found
by the commission to be fit, willing, and able to provide the proposed
service.
(e) The commission may
place conditions on a certificate of public convenience and necessity that it
considers appropriate, including a condition that the interexchange carrier
post a bond to assure compliance with commission rules and payment of access
charges.
Notes
Authority:AS 42.05.141
AS 42.05.151
AS 42.05.221
AS 42.05.241
AS 42.05.711
AS 42.05.810
AS 42.05.990
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