Sec.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.

(Effective August 1, 1988; Amended June 3, 1998)