Conn. Agencies Regs. § 16-247c-3 - Certificate of public convenience and necessity
(a)
Any person, firm or corporation may apply to the department for an initial
certificate of public convenience and necessity to offer and provide intrastate
telecommunications services pursuant to section
16-247g
of the Connecticut General Statutes. Any initial application for a certificate
of public convenience and necessity shall contain the following information:
(1) Full legal name, principal address and
telephone number of the applicant and the applicant's agent for
service;
(2) Each state under which
the applicant is organized, the form of organization (person, firm,
partnership, association, or corporation) and the date of
organization;
(3) Documentation of
registration in Connecticut as a foreign corporation, if applicable, and a
sworn statement of intent to pay any required corporate or sales
taxes;
(4) The name and address of
a contact for regulatory and legal matters;
(5) A brief description of any intrastate
telecommunications service the applicant intends to offer, including
designation of the geographic areas for which authority to serve is
sought;
(6) A general description
of the facilities of others, if any, to be used in the provision of the
proposed intrastate telecommunications services;
(7) A one-year capital construction plan, if
seeking certification as a facilities-based provider;
(8) A copy of the applicant's annual report,
annual return or a summary financial statement, including filings made with the
securities and exchange commission such as 10-K or 10-Q and 8-K filings and
audited financial statements and annual reports;
(9) Information regarding the status of the
applicant's operations in other states, including a list of each state in which
the applicant currently provides or is authorized to provide service and a list
of any jurisdictions in which the applicant's application was denied or in
which any negative action is pending;
(10) An affidavit listing any sanctions or
fines imposed by other jurisdictions;
(11) An exhibit demonstrating the applicant's
technical qualifications, which may include information regarding:
(A) Prior business experience, experience in
the telecommunications business, and formal training of employees;
(B) FCC operating licenses and approvals;
or
(C) The provision of the same or
similar services in other jurisdictions, either independently or in conjunction
with other telecommunications companies or entities;
(12) The applicant's customer service plan,
including security deposit and refund requirements, termination of service
policies, late payment charge policies, complaint procedures, and office
hours;
(13) A description of the
actions taken by the applicant to ensure that new customers affirmatively
select the applicant, a description of letters of authorization used to confirm
a customer's affirmative selection or other indicia of such a selection, and a
description of sales agents' training and supervision;
(14) Proposed tariffs; and
(15) Any other information the department may
deem necessary.
(b) Any
initial application for a certificate of public convenience and necessity shall
also contain a filing fee of $1000.00. Any applicant may object to the fee as
provided in subsection (a) of section
16-247g
of the General Statutes.
(c)
Objections to any application for a certificate of public convenience and
necessity shall be filed in writing with the department no later than fifteen
days after submission of a complete application. The department may approve or
deny the application after holding a hearing with notice to all interested
parties. The hearing shall be conducted in accordance with applicable
provisions and standards of Sections
4-176
through
4-182
of the General Statutes (Connecticut Uniform Administrative Procedure Act) and
sections
16-1-11
through
16-1-44
of the Regulations of Connecticut State Agencies (Rules of Practice of the
Department of Public Utility Control).
(d)
(1) A
certified telecommunications company may petition the department to expand the
authority granted in its certificate of public convenience and necessity to the
provision of a previously-authorized service in an additional geographic area
or to the provision of a service not previously authorized, or to
both.
(2) An initial petition by a
certified telecommunications company to expand the authority of its certificate
of public convenience and necessity shall include the following information:
(A) A statement of intent, including a
description of the services to be provided and the geographic areas to be
served;
(B) A one-year capital
construction plan, if a facilities-based provider; and
(C) A copy of the company's annual report,
annual return or summary financial statement, including filings made with the
Securities and Exchange Commission such as 10-K or 10-Q and 8-K filings and
audited financial statements and annual reports.
(3) Objections to any initial petition for
expanded authority shall be made no later than thirty days after the petition
for expansion of authority is filed. The department may, on its own motion or
upon receipt of a written petition, order a public hearing on the proposed
expansion of authority.
(4)
Subsequent petitions by a certified telecommunications company to expand the
authority of its certificate of public convenience and necessity shall include
the following information:
(A) The tariff
filing information required by section
16-247f(e)
of the Connecticut General Statutes; and
(B) An amended statement of intent, including
a description of the services to be provided and the geographic areas to be
served.
(5) Objections
to subsequent petitions for expanded authority filed pursuant to subdivision
(4) of this subsection shall be made no later than thirty days after the
petition for expansion of authority is filed. The department may, on its own
motion or upon receipt of a written petition, order a public hearing on the
proposed expansion of authority.
(e) The department may, as a precondition to
certification or to expansion of authority, require any applicant to:
(1) procure a performance bond sufficient to
cover moneys due or to become due to other telecommunications companies for the
provision of access to local telecommunications networks, to protect any
advances or deposits it may collect from its customers if the department does
not order that such advances or deposits be held in escrow or trust, and to
otherwise protect customers; or
(2)
hold customer deposits or advances in escrow or trust.
(f) No certificate granted herein shall be
deemed to grant approval to install, maintain, operate, manage, or control
facilities which occupy any public right of way. Approval to utilize the public
right of way shall be obtained pursuant to section
16-247c-5 of the Regulations of
Connecticut State Agencies.
(g)
Applicants may petition the department for a waiver of any requirements in this
section upon good cause shown.
Notes
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