Section R14-2-904. Application for Adjudication not a Public Service Corporation

A.      Any entity intending to provide COPT service, or any cus- tomer of record, may submit to the Commission an original and 10 copies of an application to be adjudicated not a public service corporation.

B.       The Commission shall determine  whether the adjudication applicant is a public service corporation by examining all of the following factors:

1.        What business activities the adjudication applicant con- ducts or will conduct.

2.        Whether the pay telephone service is or will be dedicated to public use.

3.        Whether the adjudication applicant accepts or will accept substantially all requests for service.

4.        Whether the adjudication applicant is or will be the sole offeror of pay telephone service in the area, or is in com- petition with other providers.

5.        Whether the public safety and convenience requires maintenance of public telephone facilities at the locations designated in the application.

C.      The Commission shall notify in writing the adjudication appli- cant and the appropriate LEC of the Commission’s determina- tion made pursuant to subsection (B) of this Section. Such notification shall be made within 180 days of receipt of an application submitted pursuant to subsection (A) of this Sec- tion.

D.      An adjudication applicant adjudicated a public service corpo- ration under the provisions of this Section shall submit an application for a certificate of convenience and necessity pur- suant to R14-2-902 within 30 days of receiving notice of the Commission’s determination.

E.       An adjudication applicant adjudicated not a public service cor- poration under this Section shall be exempt from the require- ments contained in this Article.

Historical Note

Adopted effective September 16, 1992 (Supp. 92-3).