Okla. Admin. Code § 165:58-3-4

Current through Vol. 42, No. 7, December 16, 2024

Section 165:58-3-4 - Streamlined certification

(a) Each incumbent LEC and certificated IXC providing payphone service in the State of Oklahoma on January 1, 1996 shall be exempt from the requirements of OAC 165:58-3-1(c) with respect to such payphone service. In the event that any such grandfathered payphone service provider, after January 1, 1996, desires to extend its payphone service into new territory or change the type of grandfathered payphone services being provided, such provider shall file an application specifying the expanded authority desired and shall comply with the requirements contained in OAC 165:58-3-4(c), (d), (e) and (f) before engaging in the provision of such extended payphone service.

(b) Any telecommunications service provider or certificated IXC not providing payphone service on January 1, 1996 shall be exempt from the requirements of OAC 165:58-3-1(c) with respect to payphone service, but shall comply with the requirements contained in OAC 165:58-3-4(c), (d), (e) and (f) before engaging in the provision of payphone service.

(c) A streamlined application for a Certificate of Convenience and Necessity to provide payphone service must be filed with the Commission containing the following information:

(1) A complete set of proposed tariffs which shall include terms and conditions of service and all rates and charges for each service classification in a format approved by the Director of the Public Utility Division, unless such tariffs have previously been filed and approved. The proposed tariffs shall conform with OAC 165:58-7.

(2) An affidavit stating that the applicant will comply with all requirements of OAC 165:58-5-3.

(3) A copy of the applicant's established procedures which are used to test and maintain its payphones.

(4) A statement signed before a Notary Public by an authorized agent of the payphone service provider, in a format approved by the Director of the Public Utility Division, attesting to the following:

(A) Compliance with all requirements of all applicable federal, state and local laws and regulations concerning the provision of payphone service to the disabled and hearing impaired;

(B) Compliance with the National Electrical Safety Code;

(C) That the payphone service provider's instruments are registered pursuant to FCC Part 68; and,

(D) That the payphone service provider will pay the Public Utility assessment fee levied annually.

(E) That the payphone service provider will contribute to the Oklahoma Universal Service Fund pursuant to OAC 165:59; and,

(F) That the payphone service provider understands the Commission's contempt authority.

(5) Additional information as requested by the Commission and/or its Staff.

(d) Applicants under this streamlined process for a Certificate of Convenience and Necessity to provide payphone service shall give Notice of the streamlined application, by mail or personal service to the Attorney General of the State of Oklahoma and to any telecommunications service provider possessing a Certificate of Convenience and Necessity applicable to the area sought to be served by the applicant. Further, such Notice shall be published pursuant to 17 O.S. Section 132. No certificate shall issue until the expiration of thirty (30) days from the date of the first publication of the Notice. Publication shall be at the expense of the applicant and shall be made in one or more newspapers which has/have met the statutory requirements for publication of legal notices and which is/are in general circulation in each territory where service will be offered. A "Proof of Publication" document shall be filed in the cause with the Commission's Office of the Court Clerk within seven (7) days of the last publication date.

(e) If no objections have been filed to a streamlined application made pursuant to this Section within (thirty) 30 days from the date of the first publication of Notice, the Commission may grant the Certificate of Convenience and Necessity to provide payphone service without hearing. If objections are filed, a hearing shall be held on the streamlined application.

(f) When a streamlined application is granted for payphone service under this Section, the applicant shall not begin offering payphone service until the Director of the Public Utility Division has approved the applicant's tariff.

Okla. Admin. Code § 165:58-3-4

Added at 14 Ok Reg 21, eff 9-30-96 (emergency); Added at 14 Ok Reg 1261, eff 5-15-97; Amended at 15 Ok Reg 3106, eff 7-15-98; Amended at 16 Ok Reg 2333, eff 7-1-99