Current through Register Vol. 30, No. 38, September 20, 2024
A. Upon the effective date of this Article,
all LECs shall provide written notification of the requirements of this Article
to all AOS providers for which they provide billing service. Such notification
shall be in a form acceptable to the Commission and shall explain that all AOS
providers are required to file an application for a certificate of convenience
and necessity (CC&N) pursuant to this Section.
B. Any AOS provider requesting billing
services subsequent to the effective date of this Article shall provide to the
LEC proof that it has made application for or has received a CC&N granted
pursuant to this Section.
C. All
AOS providers shall submit to the Commission an original and the number of
copies required by the Commission of an application for a CC&N.
D. Each AOS applicant shall submit an
application which includes all of the following information:
1. The name and address of the AOS provider,
including a contact person responsible for maintenance and complaint handling.
If the AOS provider is other than an individual, a listing of the officers,
directors, or partners and a copy of the articles of incorporation, partnership
agreement, or other organizational document shall be provided.
2. An organizational chart which shows all
affiliated relationships of the AOS provider.
3. The addresses and descriptions of
locations to be served, including the name of the serving LEC. Applicant may
apply for a partial waiver of this rule pursuant to
R14-2-1014
requesting that all or part of this information be held confidential by the
Commission.
4. A description of the
equipment being used to provide service, including the Federal Communications
Commission registration number.
5.
A list of services provided and the proposed rates, operator service charges,
and surcharges.
6. A description of
how information posting and complaint- handling requirements will be
met.
7. Relevant financial data,
including current financial statements, the method of financing operations, and
projected annual operating expense.
8. Any other requirements that the Commission
may require.
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
Necessity issued by the Arizona Corporation Commission pursuant to this
Article. These time-frames shall apply to applications filed on or after the
effective date of this rule.
2.
Within 365 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 applicant, in
writing, that the application is either administratively 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.
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 deficient. The time-frame
for administrative completeness review shall be suspended from the time the
notice of deficiency is issued until staff determines that the application is
complete.
5. Within 365 calendar
days after an application is deemed administratively complete, the Commission
shall approve or reject the application.
6. For purposes of A.R.S. §
41-1072 et
seq., the Commission has established the following time-frames:
a. Administrative completeness review
time-frame: 365 calendar days,
b.
Substantive review time-frame: 365 calendar days,
c. Overall time-frame: 730 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 Commission may, upon its own
motion or that of any interested party to the proceeding, request a suspension
of the time-frame rules.
The Arizona
Corporation Commission has determined that the following Section is exempt from
the Attorney General certification provisions of the Arizona Administrative
Procedure Act (A.R.S. § 41-1041) by a court order (State ex. rel. Corbin
v. Arizona Corporation Commission, 174 Ariz. 216 848 P.2d 301 (App.
1992)).
