SECTION 165:58-7-5. Revisions to tariffs

(a)   New or revised tariffs describing Payphone Services shall have an effective date on or after the day following the day the submission is delivered to the Director of the Public Utility Division, subject to the following:

(1)   The submission delivered to the Public Utility Division shall include a cover letter, a mark-up copy of the new or revised tariff pages in legislative format, and a final copy of the new or revised tariff pages;

(2)   The effective date of the new or revised tariff submitted to the Commission shall be stated on the face of the new or revised tariff pages; and

(3)   The Commission may permit electronic submission of new or revised tariffs when technically feasible.

(b)   After investigating, the Public Utility Division may file an application with the Commission seeking to revoke or modify any tariff. After notice and hearing, the Commission may issue an order prospectively revoking or modifying any tariff for good cause.

(c)   Tariff revisions to reflect a change to the name and/or the addition of a trade name under which the payphone service provider will be doing business in the State of Oklahoma shall become effective, without Commission order, the date of submission of such tariffs, provided the submission contains the attestation required by subparagraph (5) of this subsection, unless the Commission orders the suspension of said tariff revisions pursuant to OAC 165:58-7-6. The request for name change or request for addition of a trade name shall be accompanied by the following, as applicable:

(1)   An amendment to the Certificate of Incorporation effecting a change of name pursuant to Section 1076, 1077 or 1031 of Title 18 of the Oklahoma Statutes;

(2)   A Trade Name Report filed with the Secretary of State as provided in Section 1140 of Title 18 of the Oklahoma Statutes;

(3)   A Withdrawal of Trade Name Report filed with the Secretary of State as provided in Section 1140.1 of Title 18 of the Oklahoma Statutes;

(4)   A Transfer of Trade Name Report filed with the Secretary of State as provided in Section 1140.2 of Title 18 of the Oklahoma Statutes; and,

(5)   An attestation that the tariffs are identical, except for the name change or addition of a trade name, to the existing tariffs of the payphone service provider.

(d)   The burden of proof to show that a proposed or revised tariff is just and reasonable shall be upon the company proposing the new or revised tariff.

[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 35 Ok Reg 1063, eff 9-14-18]