Utah Admin. Code R746-349-3 - Filing Requirements

(1) In addition to any other requirements of the Commission or of Title 63G, Chapter 4, Administrative Procedures Act, and pursuant to Section 54-8b-2.1, each applicant for a certificate, as defined in Section 54-8b-2(4), shall file, in addition to its application:

(a)

(i) testimony and exhibits in support of the company's technical, financial, and managerial abilities to provide the telecommunications services applied for and a showing that the granting of a certificate is in the public interest; and

(ii) informational requirements made elsewhere in Section R746-349-3 can be included in testimony and exhibits;

(b)

(i) proof of a bond in the amount of $100,000;

(ii) this bond is to provide security for customer deposits or other liabilities to telecommunications customers of the telecommunications corporation or liabilities to the Utah Public Telecommunications Service Support Fund, Section 54-8b-15, or the Hearing and Speech Impaired Fund, Section 54-8b-10; and

(iii) an applicant may request a waiver of Subsection R746-349-3(1)(b) from the Commission if it can show that adequate provisions exist to protect customer deposits or other customer and state fund liabilities;

(c) a statement as to whether the telecommunications corporation intends to construct its own facilities or acquire use of facilities from other than the ILEC, or whether it intends to resell an ILEC's and other telecommunications corporation's services;

(d) a statement regarding the services to be offered including:

(i) which classes of customer the applicant intends to serve;

(ii) the locations where the applicant intends to provide service; and

(iii) the types of services to be offered;

(e) a statement explaining how the applicant will provide access to ordinary intralata and interlata message toll calling, operator services, directory assistance, directory listings, and emergency services such as 911 and E911;

(f) an implementation schedule pursuant to 47 U.S.C. 252(c)(3) of the Telecommunications Act of 1996 which shall include the date local exchange service for residential and business customers will begin;

(g) summaries of the professional experience and education of each managerial personnel who will have responsibilities for the applicant's proposed Utah operations;

(h) an organization chart listing each of the applicant's employees currently working or that plan to be working in or for Utah operations and their job titles;

(i) a chart of accounts that includes account numbers, names, and brief descriptions;

(j) financial statements that include at least:

(i) the most recent balance sheet, income statement and cash flow statement, and any accompanying notes, prepared according to GAAP;

(ii) a letter from management attesting to their accuracy, integrity, and objectivity, and that the statements were prepared in accordance with GAAP;

(iii) if the applicant is a start-up company, a balance sheet following the principles in Subsection R746-349-3(1)(j) must be filed; and

(iv) if the applicant is a subsidiary of another corporation, financial statements following the principles in Subsection R746-349-3(1)(j) must also be filed for the parent corporation;

(k) financial statements to demonstrate sufficient financial ability of the applicant that must show at the least:

(i) positive net worth for the applicant ;

(ii) sufficient projected and verifiable cash flow to meet cash needs as shown in a five-year projection of expected operations; and

(iii) proof of bond as specified in Subsection R746-349-3(1)(b);

(l) a five-year projection of expected operations including the following:

(i) pro forma income statements and pro forma cash flow statements;

(ii) when applicable, a technical description of the types of technology to be deployed in Utah including types of switches and transmission facilities; and

(iii) when applicable, detailed maps of proposed locations of facilities including a description of the specific facilities and services to be deployed at each location;

(m) an implementation schedule pursuant to 47 U.S.C. 252(c)(3) of the Telecommunications Act of 1996 which shall include the date local exchange service for residential and business customers will begin;

(n) evidence of sufficient managerial and technical ability to provide the public telecommunications services contemplated by the application must be demonstrated by a showing of at least the following:

(i) proof of certification in other jurisdictions and that service is currently being offered in other jurisdictions by the applicant; or

(ii) the corporation has had at least two years of recent experience in providing public telecommunications services related to the type of services the CLEC intends to provide;

(o) a statement as to why entry by the applicant is in the public interest;

(p) proof of authority to conduct business in Utah;

(q) a statement regarding complaints or investigations of unauthorized switching, otherwise known as slamming, or other illegal activities of the applicant or any of its affiliates in any jurisdiction that should include the following:

(i) sanctions imposed against the applicant for any of these activities;

(ii) copies of any written documents related to these complaints, investigations, or sanctions, including: orders or other materials from the FCC or state commissions, any courts, or other government bodies, and any complaint letters or other documents from any non-government entities or persons; and

(iii) the applicant's responses to any of these issues; and

(r) a statement about the applicant's written policies regarding the solicitation of new customers and a description of efforts made by the applicant to prevent unauthorized switching of Utah local service by the applicant, its employees, or its agents.

(2) Additional questions relating to the technical, financial, and managerial capabilities of the applicant and public interest issues may be submitted by the Division or other parties in accordance with Section R746-1-501, Discovery.

Notes

Utah Admin. Code R746-349-3

Amended by Utah State Bulletin Number 2022-23, effective 11/21/2022