3 AAC 52.360. Certificates of public convenience and necessity

(a) The following entities are not eligible to register or renew registration under 3 AAC 52.358, and must file an application in compliance with this section to obtain a certificate of public convenience and necessity to provide intrastate interexchange telephone service:

(1) an entity that proposes to provide facilities-based intrastate interexchange telephone service, whether or not the entity is registered under 3 AAC 52.358;

(2) an interexchange carrier or alternate operator service provider that is registered under 3 AAC 52.358, if that entity has more than one million intrastate billable minutes per month for three consecutive months;

(3) an incumbent local exchange carrier;

(4) an entity that provides service to inmates in a correctional facility;

(5) an entity affiliated with either a facilities-based interexchange carrier or an incumbent local exchange carrier.

(b) An application for a certificate must include

(1) the entity's legal name and the name under which the applicant proposes to do business;

(2) the address of the entity's principal national place of business, and, if different, its place of business in this state;

(3) the name, title, and telephone number of the individual who is available to provide the commission with information about the application;

(4) the applicant's type of business structure, including proof of incorporation and the name and address of the applicant's registered agent, if applicable;

(5) proof of the applicant's authority to do business in this state;

(6) a list of the owners of five percent or more of the applicant's equity;

(7) a list of persons or entities that are affiliated interests of the applicant;

(8) a list of all administrative and judicial proceedings that resulted in

(A) suspension, revocation, or denial of the authority, license, or certification of the applicant or its officers, directors, or affiliates to provide utility services;

(B) a reprimand, penalty, or conviction of an applicant or its officers, directors, or affiliates related to operations, gross misrepresentations, fraudulent transactions, or securities violations; or

(C) an adjudication of bankruptcy or a reorganization in bankruptcy of the applicant or its officers, directors, or affiliates;

(9) a list of all cases and locations in which the applicant, or its officers, directors, or affiliates, have abandoned service in violation of applicable statutes, regulations, or orders;

(10) a list of the names, titles, and responsibilities of key management now employed or to be employed by the applicant, and resumes for each person;

(11) for existing businesses, copies of

(A) the most recent year's balance sheet and income statement; or

(B) Federal Communications Commission Form M and, if available, Securities and Exchange Commission Form 10-K;

(12) for new businesses, copies of the most recent year's balance sheet and income statement for the owners of the business listed under (6) of this subsection;

(13) a list of all services proposed, together with an explanation of the applicant's technical ability to provide the proposed services;

(14) a list of all locations proposed to be served on an originating basis;

(15) a list of all locations proposed to be served on a terminating basis;

(16) a description of all existing facilities that will be used to provide intrastate interexchange telephone service;

(17) a description of all agreements or negotiations with other utilities for joint use and interconnection of facilities;

(18) a description of all facilities planned for construction within five years to provide intrastate interexchange telephone service;

(19) a description of all existing facilities, or facilities planned for construction within five years, that are or will be used to provide interstate interexchange service;

(20) a tariff of rates and services; and

(21) a verification signed by the person authorized to sign on behalf of the applicant that all of the information provided in the application is true, accurate, and complete.

(c) Notice of an application for a certificate of public convenience and necessity to provide intrastate interexchange telephone service will be given in accordance with 3 AAC 48.645(a) .

(d) The commission will issue a certificate of public convenience and necessity within 90 days after the date of filing of a complete certificate application by an entity that proposes to provide intrastate interexchange telephone service under this section and that is found by the commission to be fit, willing, and able to provide the proposed service.

(e) The commission may place conditions on a certificate of public convenience and necessity that it considers appropriate, including a condition that the interexchange carrier post a bond to assure compliance with commission rules and payment of access charges.

History: Eff. 3/16/91, Register 117; am 9/1/2002, Register 163; am 5/18/2003, Register 166

Authority: AS 42.05.141

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