Section R14-2-902. Application for Certificate of Convenience and Necessity

A.      Within 30 days of the effective date of this Article, all LEC’s shall provide written notification of the requirements of this Article to each of their existing customers of record. Such notification shall be in a form acceptable to the Commission and shall explain that all customers of record are required to file either an application for a certificate of convenience and necessity (CC&N) pursuant to this Section or an application for an adjudication not a public service corporation pursuant to R14-2-904.

B.       Any customer of record requesting PAL service subsequent to the effective date of this Article who was not subject to the provisions of subsections (A) and (E) of this Section, or whose PAL service was terminated pursuant to the provisions of this Article, shall provide to the LEC proof of either:

1.        A CC&N granted pursuant to this Section; or

2.        An adjudication order declaring that it is not a public ser- vice corporation pursuant to R14-2-904.

C.      All customers of record shall submit to the Commission an original and 10 copies of an application for a CC&N. A cus- tomer of record who has COPT’s placed in more than one location may apply for a single CC&N to cover all locations served.

D.      Each customer of record shall submit an application on a form provided by the Commission which includes all of the follow- ing information:

1.        The name and address of the customer of record, includ- ing a contact person for coordinating communications with the Commission and a contact person or telephone number for maintenance and complaint handling. If the customer of record is other than an individual, a listing of the officers, directors, or partners and a copy of the arti- cles of incorporation, partnership agreement, or other organizational document shall be provided.

2.        A description of all affiliated relationships between the customer of record and any public service corporation or telecommunications company.

3.        The addresses and descriptions of locations to be served, including the name of the serving LEC.

4.        A description of the equipment being used to provide ser- vice.

5.        A list of services provided and the proposed rates.

6.        An example of the contract between the customer of record and the premises owner, if different.

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

8.        A customer of record planning to serve more than 50 locations shall submit relevant financial data, including current financial statements, the method of financing operations, and projected annual operating expenses. For purposes of this subsection, the number of service loca- tions shall include all those of the customer of record and affiliates.

9.        One of the following also shall be included:

a.         A commitment to provide service under the Generic (Streamlined) COPT Tariff; or

b.        A request for approval of services under a Special (Non- Streamlined) COPT Tariff.

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 30 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.

Corporation Commission – Fixed Utilities

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 150 days after an application is deemed adminis- tratively complete, the Commission shall approve or reject the application, unless a formal hearing is held.

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

a.         Administrative completeness

review time-frame: 30 calendar days,

b.        Substantive review time-frame: 150 calendar days,

c.         Overall time-frame: 180 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.

F.       Subsequent to adoption of this Article, the Commission shall issue an order setting time limitations within which LECs, as well as all customers of record providing service as of the effective date of this Article, shall comply with the require- ments contained herein.

Historical Note

Adopted effective September 16, 1992 (Supp. 92-3). Amended effective December 31, 1998, under an exemp- tion as determined by the Arizona Corporation Commis- sion (Supp. 98-4).