W. Va. Code R. § 150-6-14 - Certification requirements applicable to all intrastate telecommunications carriers

14.1. Certificate Filing Fees.

a. There shall be due a non-refundable filing fee of three hundred dollars ($300), or such other amount that the Commission may establish in the future, upon the filing of an application for a certificate of convenience and necessity by any individual or entity seeking authority to provide intrastate telecommunications service in the State of West Virginia.

b. Applications for certificates of convenience and necessity seeking authority to provide intrastate telecommunications services that are not accompanied by the appropriate filing fee will not be accepted by the Commission until such time as the appropriate fee is remitted.

c. The filing fee for applications for a certificate of convenience and necessity seeking authority to provide intrastate telecommunications service shall be paid either in cash or by bank check made payable to "The Public Service Commission of West Virginia."

14.2. Additional Requirements Applicable to Local Exchange Carriers.

a. No telecommunications carrier may provide local exchange telecommunications service within the state without first obtaining a certificate of public convenience and necessity from the Commission.

1. All carriers wishing to provide local exchange telecommunications service within the state are required to file with the Commission an original and twelve (12) copies of an application for a certificate of public convenience and necessity. Such application shall contain all the information and exhibits required in '150CSR6-14-2.b.

2. Each applicant shall publish notice of the application for a certificate of public convenience and necessity to provide local exchange telecommunications service in accordance with W. Va Code '24-2-11. In addition, notice of the filing of an application for a certificate of public convenience and necessity to provide local exchange telecommunications service shall be provided by the applicant, at the time of the filing, to each Commission-certificated local exchange carrier that has requested, in writing, copies of such filings. Notice of the filing shall also be provided to such other entities as may be required by the Commission.

b. The application for a certificate of public convenience and necessity required by this section shall include the following information:

1. The applicant's business structure (e.g., corporation, general partnership, limited liability company).

2. The names, addresses, telephone and telefacsimile numbers, and e-mail addresses of the principals of the applicant and the applicant's contact for regulatory matters in the state.

3. A description of the facilities to be constructed by the applicant, if any.

4. A description of the services the applicant intends to provide, including the geographic areas in which the applicant intends to provide service.

5. A statement by the applicant, certifying that the applicant has knowledge of, and is willing to comply with, all applicable Commission rules and regulations: Provided, that such certification shall also state that the applicant is willing to:

A. Fully, timely and completely participate in the reasonable provision of access to emergency services, including, where appropriate, full interface with and support of 9-1-1 and Enhanced 9-1-1 services; and

B. Comply with the requirements set forth in Section 251(f) of the Telecommunications Act of 1996 before offering service in any area served by an RTC.

6. An illustrative tariff, setting forth the terms, conditions, rates, charges and regulations pursuant to which the applicant proposes to provide regulated telecommunications service, including:

A. An accurate description of the services the applicant intends to offer;

B. A statement of the terms and conditions of such service offerings;

C. A statement setting forth the rates and charges for such service offerings;

D. A description of the geographic areas the applicant proposes to serve, by exchange; and

E. A statement explaining customers' rights and responsibilities.

7. A demonstration of the applicant's financial and managerial ability to provide the services for which a certificate is sought.

8. A demonstration of the applicant's technical ability to provide service in a manner that will be consistent with the standards of service quality required by the Commission including, but not limited to, assurance that the connectivity of the applicant's network to other carriers will not impair the statewide public switched network.

9. A statement that the applicant will participate, to the extent it may be required to do so by the Commission, in mechanisms providing for the support of universally available telephone service at affordable rates.

c. Except as provided for in '150CSR6-15.6., the Commission shall grant an application for a certificate of public convenience and necessity to provide local exchange telecommunications services if it finds that granting the application is in the public interest and is otherwise consistent with the requirements of these rules and all applicable federal and state statutes.

d. A certificated local exchange carrier shall not offer local exchange telecommunications service to the public unless and until it has filed for, and received, Commission approval of a tariff governing the terms, conditions, rates, charges and regulations pursuant to which it will provide such service.

1. A certificated local exchange carrier's proposed local exchange telecommunications service tariffs shall be filed with the Commission at least thirty (30) days prior to the date the carrier intends to commence providing local exchange telecommunications service, and shall contain the information set forth in '150CSR6-14.2.b.6.A. through E.

e. A certificated local exchange carrier shall not offer local exchange telecommunications service to the public unless and until it has filed for, and received, Commission approval of an agreement with each incumbent local exchange carrier that serves the areas that the carrier intends to serve, setting forth the terms, conditions, rates, charges and regulations for interconnection, resold service or network elements, as set forth in Section 251 of the Telecommunications Act of 1996 and applicable Federal Communications Commission regulations.

14.3. Suspension or Revocation of a Certificate.

a. Excessive subscriber complaints against a carrier shall be a basis for suspension or revocation of the carrier's certificate of public convenience and necessity if, after hearing, the Commission determines that such complaints are meritorious.

b. The Commission may suspend or revoke the carrier's certificate of public convenience and necessity for such other grounds as the Commission may determine, after hearing, warrant suspension or revocation of the carrier's certificate.

c. In all proceedings, the Commission shall give the carrier notice of the allegations against it and afford the carrier an opportunity to be heard concerning those allegations, prior to suspension or revocation of the carrier's certificate or other formal action. The burden of persuasion to establish that adequate service has been, and is being, provided rests with the carrier.

14.4. Ubiquitous Provision of Service.

a. Resold Telecommunications Service.

Where an applicant seeks a certificate of public convenience and necessity to provide local exchange telecommunications service to a class, or classes, of customers through resale only, or through a combination of resold service and facilities-based service, any certificate granted by the Commission shall require the applicant to provide, upon request, telecommunications services to all such class, or classes, of customers in the incumbent local exchange carrier's exchange in which the applicant intends to offer such service. Provided, however, that, where an applicant proposes to provide service within an area served by an incumbent rural telephone company, compliance with this subsection does not create any presumption regarding the findings required to designate an eligible telecommunications carrier pursuant to Section 214 of the Telecommunications Act of 1996.

b. Facilities-Based Telecommunications Service.

1. Where an applicant seeks a certificate of public convenience and necessity to provide facilities-based local exchange telecommunications services only, the applicant shall not be required to provide either resold or facilities-based telecommunications services to any particular customer, or class or classes or customers, in the incumbent local exchange carrier's exchange in which the applicant intends to offer such service.

2. Notwithstanding the provisions of '150CSR6-14.4.b.1., nothing in this subsection shall affect the obligations of incumbent local exchange carriers to offer telecommunications services to all customers within an exchange served by the incumbent carrier.

14.5. Regulation of Certificated Local Exchange Carriers.

Nothing in these rules alters a certificated telecommunications carrier's status as a public utility subject to regulation under Chapter 24 of the West Virginia Code.

Notes

W. Va. Code R. § 150-6-14