Current through Register Vol. 30, No. 38, September 20, 2024
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 service 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 customer 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 following information:
1. The name
and address of the customer of record, including 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 articles 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 service.
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
locations 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 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 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 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 150 days after an application is
deemed administratively 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 Commission 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 Commission 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 requirements contained herein.
