Section R14-2-1104. Expanded Certificates of Convenience and Necessity for Telecommunications Companies with Existing Certificates; Initial Tariffs

A.      Effective July 1, 1995, every telecommunications company, except a local exchange carrier, that has received a Certificate of Convenience and Necessity under Article 5, and that pro- vides or intends to provide competitive, intraLATA telecom- munications service shall file with the Docket Control Center 10 copies of an Application to expand its existing Certificate of Convenience and Necessity to provide competitive, intra- LATA telecommunications service. In support of the request for an expanded Certificate of Convenience and Necessity, the Application shall, at a minimum, include the following infor- mation:

1.        A description of the telecommunications company and of the telecommunications services it offers or intends to offer.

2.        The proper name and correct intrastate address of the telecommunications company and:

a.         The full name of its owner if a sole proprietorship,

b.        The full name of each partner if a partnership,

c.         A full list of the officers and directors if a corpora- tion, or

d.        A full list of the members if a limited liability com- pany.

3.        A tariff for each service to be provided that states the maximum rate as well as the initial price to be charged, and that also states other terms and conditions that will apply to provision of the service by the telecommunica- tions company. The telecommunications company shall provide economic justification or cost support data if required by the Commission or by Staff.

4.        A detailed description of the geographic market to be served and maps depicting the area.

Corporation Commission – Fixed Utilities

5.        Appropriate city, county and/or state agency approvals, where appropriate.

6.        Such other information as the Commission or the Staff may request.

B.       As part of the Application for an expanded Certificate of Con- venience and Necessity, the telecommunications company shall also petition the Commission for a determination that the intraLATA service being provided or to be provided is compet- itive, pursuant to the requirements of R14-2-1108.

C.      The Commission shall review the initial tariffs submitted by the telecommunications company and shall determine whether the rates, terms, and conditions for the proposed services are reasonable.

D.      If it appears, based upon Staff review or upon comments filed with Commission Docket Control Center, that a rate, term, or condition of service stated in a tariff may be unjust or unrea- sonable, or that a service to be offered by the applicant may not be competitive, the Commission or Staff may require fur- ther information and/or changes to the application or to the tar- iff.

E.       When the Application is submitted to the Docket Control Cen- ter, it will not be filed until it is found to be in proper form. The telecommunications company shall, no later than 20 days after the Application is filed publish legal notice of the Appli- cation in all counties where services will be provided. The notice shall describe with particularity the contents of the Application on file with the Commission. Interested persons shall have 20 days from the publication of legal notice to file objections to the Application and to submit a motion to inter- vene in the proceeding.

Historical Note

Adopted effective June 27, 1995, under a court-ordered exemption as determined by the Arizona Corporation Commission (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 4789, effective December 15, 2002 (Supp.

02-4).