Section R14-2-1002. Application for Certificate of Convenience and Necessity

A.      Upon the effective date of this Article, all LECs shall provide written notification of the requirements of this Article to all AOS providers for which they provide billing service. Such notification shall be in a form acceptable to the Commission and shall explain that all AOS providers are required to file an

application  for   a  certificate   of  convenience   and  necessity (CC&N) pursuant to this Section.

B.       Any AOS provider requesting billing services subsequent to the effective date of this Article shall provide to the LEC proof that it has made application for or has received a CC&N granted pursuant to this Section.

C.      All AOS providers shall submit to the Commission an original and the number of copies required by the Commission of an application for a CC&N.

D.      Each AOS applicant shall submit an application which includes all of the following information:

1.        The name and address of the AOS provider, including a contact person responsible for maintenance and com- plaint handling. If the AOS provider is other than an indi- vidual, a listing of the officers, directors, or partners and a copy of the articles of incorporation, partnership agree- ment, or other organizational document shall be provided.

2.        An organizational chart which shows all affiliated rela- tionships of the AOS provider.

3.        The addresses and descriptions of locations to be served, including the name of the serving LEC. Applicant may apply for a partial waiver of this rule pursuant to R14-2- 1014 requesting that all or part of this information be held confidential by the Commission.

4.        A description of the equipment being used to provide ser- vice, including the Federal Communications Commission registration number.

5.        A list of services provided and the proposed rates, opera- tor service charges, and surcharges.

6.        A description of how information posting and complaint- handling requirements will be met.

7.        Relevant financial data, including current financial state- ments, the method of financing operations, and projected annual operating expense.

8.        Any other requirements that the Commission may require.

E.       Time-frames for processing applications for Certificates of Convenience and Necessity

1.        This rule prescribes time-frames for the processing of any Application for a Certificate of Convenience and Neces- sity issued by the Arizona Corporation Commission pur- suant to this Article. These time-frames shall apply to applications filed on or after the effective date of this rule.

2.        Within 365 calendar days after receipt of an application for a new Certificate of Convenience and Necessity, or to amend or change the status of any existing Certificate of Convenience and Necessity, staff shall notify the appli- cant, in writing, that the application is either administra- tively complete or deficient. If the application   is deficient, the notice shall specify all deficiencies.

3.        Staff may terminate an application if the applicant does not remedy all deficiencies within 60 calendar days of the notice of deficiency.

4.        After receipt of a corrected application, staff shall notify the applicant within 30 calendar days if the corrected application is either administratively complete or defi- cient. The time-frame for administrative completeness review shall be suspended from the time the notice of deficiency is issued until staff determines that the appli- cation is complete.

5.        Within 365 calendar days after an application is deemed administratively complete, the Commission shall approve or reject the application.

6.        For purposes of A.R.S. § 41-1072 et seq., the Commis- sion has established the following time-frames:

Corporation Commission – Fixed Utilities

a.         Administrative  completeness  review   time-frame: 365 calendar days,

b.        Substantive review time-frame: 365 calendar days,

c.         Overall time-frame: 730 calendar days.

7.        If an applicant requests, and is granted, an extension or continuance, the appropriate time-frames shall be tolled from the date of the request during the duration of the extension or continuance.

8.        During the substantive review time-frame, the Commis- sion may, upon its own motion or that of any interested party to the proceeding, request a suspension of the time- frame rules.

Historical Note

Adopted effective November 2, 1993, under a court- ordered exemption as determined by the Arizona Corpo- ration Commission (Supp. 93-4). Amended effective December 31, 1998, under an exemption as determined by the Arizona Corporation Commission (Supp. 98-4).

Note

Editor’s Note: The Arizona Corporation Commission has determined that the following Section is exempt from the Attorney General certification provisions of the Arizona Administrative Procedure Act (A.R.S. § 41-1041) by a court order (State ex. rel. Corbin v. Arizona Corporation Commission, 174 Ariz. 216 848

P.2d 301 (App. 1992)).