Section R14-2-1105. Certificates of Convenience and Necessity for Telecommunications Companies Offering Competitive Ser- vices; Initial Tariff

A.      Effective July 1, 1995, every other telecommunications com- pany, except a local exchange carrier, that has not previously received a Certificate of Convenience and Necessity, and that provides or intends to provide intrastate competitive telecom- munications services shall file with the Docket Control Center 10 copies of an Application for a Certificate of Convenience and Necessity to provide competitive telecommunications ser- vices. In support of the request for a Certificate of Conve- nience and Necessity, the Application shall, at a minimum, include all the information required in R14-2-1104(A) and shall also include the following information:

1.        A description of the telecommunications company’s tech- nical capability to provide the proposed services and a description of its facilities.

2.        Information describing the financial resources of the tele- communications company, including:

a.         A current intrastate balance sheet,

b.        A current income statement (if applicable),

c.         A pro forma income statement, and

d.        Comparable financial information evidencing suffi- cient financial resources.

3.        A copy of the Partnership Agreement, Articles of Incor- poration, Articles of Organization, Joint Venture Agree- ment, or any other contract, agreement, or document that evidences the formation of the telecommunications com- pany.

B.       An Application filed under subsection (A) of this Section shall also petition the Commission for a determination that the ser- vice being provided or to be provided is competitive under the requirements of R14-2-1108.

C.      An Application filed under subsection (A) of this Section shall be subject to the provisions of subsections R14-2-1104(D) and (E).

D.      In appropriate circumstances, the Commission may require, as a precondition to certification, the procurement of a perfor- mance bond sufficient to cover any advances or deposits the telecommunications company may collect from its customers, or order that such advances or deposits be held in escrow or trust.

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).