SECTION 165:58-3-1. Certificate of Convenience and Necessity

(a)   Requirement for Certificate of Convenience and Necessity. No person or entity shall furnish payphone service under any name to any end-user in the State of Oklahoma without first having secured from this Commission a Certificate of Convenience and Necessity to provide payphone service. Incumbent LECs and certificated IXCs providing payphone service prior to January 1, 1996, shall not be required to obtain an additional Order granting it a Certificate of Convenience and Necessity for the payphone services being provided on that date, except as provided in OAC 165:58-3-4.

(b)   Application for Certificate of Convenience and Necessity. An application for a Certificate of Convenience and Necessity to provide payphone service in the State of Oklahoma shall be made pursuant to and in conformance with the requirements of Oklahoma law and any additional requirements set forth in this Chapter. An original and four (4) copies of the application for Certificate of Convenience and Necessity shall be filed at the Commission's Court Clerk accompanied by the established filing fee. An example of the format for the application for Certificate of Convenience and Necessity is available from the Public Utility Division.

(c)   Application requirements for Certificate of Convenience and Necessity. An applicant to the Commission for a Certificate of Convenience and Necessity to provide payphone service in the State of Oklahoma shall be required to demonstrate its financial, managerial and technical ability to provide the requested payphone service in the State of Oklahoma. An application for a Certificate of Convenience and Necessity to provide payphone service, except as provided for in OAC 165:58-3-4, shall include information and attachments which are certified as true and correct by an officer of any corporate applicant, or an authorized representative of an unincorporated applicant in a format approved by the Director of the Public Utility Division.

(1)   The application shall contain the following information:

(A)   As applicable, the complete name, including any and all trade name(s) under which business will be conducted pursuant to 18 O.S. (1991) §1140, corporate or other headquarters street address and names/addresses of principal or corporate officers or partners of the entity proposing to provide payphone service to the public in the State of Oklahoma. Also, include the telephone number and, if applicable, the toll-free telephone number.

(B)   If different from those provided pursuant to subparagraph (1)(A) of this subsection, the name(s) and address(es) of all officers and corporate or primary offices of the applicant for a Certificate of Convenience and Necessity located in the State of Oklahoma and the name(s) and address(es) of senior management personnel responsible for Oklahoma operations.

(2)   The attachments to the application shall include the following:

(A)   A copy of the applicable certificate, issued to corporations by Oklahoma's Secretary of State, to transact business in the State of Oklahoma or for noncorporations, issued by the County Clerk's Office in each county in which the applicant intends to operate payphones.

(B)   A copy of the Corporate Trade Name Report, issued by Oklahoma's Secretary of State, shall be provided for each and every trade name, i.e. d/b/a, utilized by the payphone service provider.

(C)   A financial statement.

(D)   Contact names(s), address(es) and telephone number(s) of the individual(s) responsible for providing service to customers, for repair and maintenance, for answering complaints, and supplying refunds. This will be the principal contact to be utilized by the Commission's Consumer Services Division and Public Utility Division regarding questions and complaints against the payphone service provider.

(E)   A brief description of its history of providing payphone service or other telecommunications services, in order to demonstrate its managerial and technical experience and abilities. Applicants without prior telecommunications or payphone experience shall provide documentation which supports its managerial and technical ability or other documentation as may be requested by the Commission.

(F)   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. The proposed tariffs shall conform with OAC 165:58-7.

(G)   A copy of the applicant's proposed complaint report form which should comply with OAC 165:58-3-23. The complaint report form and complaint codes suggested by the Director of the Consumer Services Division are included as Appendix J and Appendix K, respectively, to this Chapter.

(H)   A copy of the applicant's established procedures it intends to utilize in the State of Oklahoma to test its service location(s) and instrument(s).

(I)   A statement signed in the presence of a Notary Public by an authorized agent of the payphone service provider attesting to the following:

(i)   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;

(ii)   Compliance with the National Electrical Safety Code;

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

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

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

(vi)   That the payphone service provider understands the Commission's contempt authority;

(vii)   That the applicant will comply with all the signage requirements of OAC 165:58-5-3;

(viii)   That all statements contained in the application are true and correct;

(ix)   That the applicant possesses the financial ability to provide payphone service in the State of Oklahoma; and

(x)   That the applicant is familiar with and will comply with all federal and state laws, and the rules and orders of this Commission.

(J)   A listing of any other certificate(s) issued by the Commission, and identification of the service(s) being provided pursuant to such Certificate(s).

(3)   Additional information as requested by the Commission.

(d)   Requirements for expanding authority under an existing CCN. An Applicant wishing to expand its service authority under an existing Certificate of Convenience and Necessity granted pursuant to Chapters 55, 56, 57, and/or 58, must make Application to the Commission and provide all information and notice as required in Sections 165:58-3-1(c) and 165:58-3-3. However, information submitted in support of a previous Application for certification, if such Application was approved by the Commission, may be used in support of the current Application by providing a written affirmation, signed before a Notary Public, and by someone with authority to bind the Applicant, stating that the previously submitted information is still true and correct, and circumstances have not changed. If the previously submitted information is no longer true and correct, or if circumstances have changed, Applicant shall submit updated information along with a written affirmation fully explaining all changed circumstances. This section shall not apply to an Applicant wishing to expand its existing service territory granted under an existing CCN. Such an Application shall be filed pursuant to OAC 165:58-3-2.

(e)   Amended application. During the Staff's review of the payphone service provider's application, certain revisions and/or corrections to documents attached to the application may be requested. After the parties have agreed to the necessary revisions and/or corrections, such revisions and/or corrections shall be attached to an amended application. The payphone service provider shall file an original and four (4) copies of its amended application with the Commission's Court Clerk. Requested revisions and/or corrections may include, but shall not be limited to:

(1)   Revisions to the applicant's proposed tariffs;

(2)   Provision of documents omitted from the originally filed application; and/or,

(3)   Correction of the statement, in the body of the application only, regarding the services for which authority to provide is being sought.

(f)   Adjunct and/or additional services. Applicants seeking a Certificate of Convenience and Necessity to provide payphone services, that also intend to provide interexchange services and/or operator services as an adjunct service, solely in conjunction with and through its own public and/or semi-public payphone instruments, may file a single application seeking authority for all of the services it desires to provide. However, the application provided for under this subsection shall sufficiently address each of the relevant provisions required by the applicable Commission rules for applicants seeking authority to provide such service(s) (e.g., Reseller rules at OAC 165:56; OSP rules at OAC 165:57, etc.) for such adjunct authority to be considered by the Commission. In addition, the payphone service provider must ensure that its tariff includes the information set forth in OAC 165:58-7-2 for every adjunct service it intends to offer in the provisioning of payphone service. Any applicant or holder of a Certificate of Convenience and Necessity to provide payphone service, who seeks to provide any additional service(s) (e.g., interexchange service, operator service, etc.) to the general public, which is/are regulated by the Commission but which exceeds the offering of adjunct service(s) as contemplated by this subsection, must file a separate application seeking authority to provide such additional service(s) and must fully comply with the appropriate Commission rules and regulations governing the application process and the provisioning of such regulated service(s).

(g)   Additional Information. The Public Utility Division Staff may issue data requests for additional relevant information as may be necessary. Data request responses should be submitted to the Staff member requesting the information, and not filed with the Commission's Court Clerk.

(h)   Approval requirement. Unless provided otherwise in this Chapter, or by the laws of the State of Oklahoma, no Certificate of Convenience and Necessity shall be granted except by Order of the Commission, after such notice and hearing, if any, as directed by the Commission.

[Source: 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; Amended at 19 Ok Reg 2012, eff 7-1-02; Amended at 21 Ok Reg 2130, eff 7-1-04; Amended at 35 Ok Reg 1063, eff 9-14-18]