20 Va. Admin. Code § 5-411-30

Current through Register Vol. 40, No. 18, April 22, 2024

Section 20VAC5-411-30 - Application requirements

A. Applicants shall attest that they will abide by the provisions of § 56-265.4:4B of the Code of Virginia.

B. Applicants shall submit information which identifies the applicant including (i) its name, address and telephone number; (ii) its corporate ownership; (iii) the name, address, and telephone number of its corporate parent or parents, if any; (iv) a list of its officers and directors or, if applicant is not a corporation, a list of its principals and their directors; and (v) the names, addresses, and telephone numbers of its legal counsel.

C. Each incorporated applicant for a certificate shall demonstrate that it is authorized to do business in the Commonwealth as a public service company.

D. Applicants shall be required to show their financial, managerial, and technical ability to render interexchange telecommunications services as follows:

1. As a minimum requirement, a showing of financial ability shall be made by attaching the applicant's most recent stockholder's annual report and its most recent Securities and Exchange Commission Form 10-K or, if the company is not publicly traded, its most recent financial statements.

2. To demonstrate managerial experience, each applicant shall attach a brief description of its history of providing interexchange telecommunications services and shall list the geographic areas in which it has been and is currently being provided. Newly created companies shall list the experience of each principal or officer in order to show its ability to provide service.

3. Technical abilities shall be indicated by a description and map of the applicant's owned or leased facilities within the Commonwealth. An additional map should be filed showing the applicant's points of presence within its proposed service area.

E. Each application for a certificate to provide interexchange telecommunications services shall include the carrier's proposed initial tariffs, rules, regulations, and terms and conditions. If the commission finds those tariffs reasonable, they shall be approved with the granting of the certificate. Any subsequent request to increase rates shall be submitted pursuant to Chapter 10 (§ 56-232 et seq.) of Title 56 of the Code of Virginia, unless the requesting carrier has been granted authority by the commission to set rates and charges pursuant to § 56-481.1 of the Code of Virginia.

F. Any applicant desiring to have rates based upon competitive factors shall petition the commission to be granted such authority pursuant to the provision of § 56-481.1 of the Code of Virginia. This petition may be included in the applicant's petition for a certificate of public convenience and necessity. The commission shall consider the criteria set out in § 56-481.1 of the Code of Virginia in making any determination that interexchange telecommunications services will be provided on a competitive basis.

20 Va. Admin. Code § 5-411-30

Derived from Virginia Register Volume 18, Issue 4, eff. October 17, 2001.

Statutory Authority

§ 12.1-13 of the Code of Virginia.