Ariz. Admin. Code § 14-2-904

Current through Register Vol. 30, No. 25, June 21, 2024

Section R14-2-904 - Application for Adjudication Not a Public Service Corporation

A. Any entity intending to provide COPT service, or any customer of record, may submit to the Commission an original and 10 copies of an application to be adjudicated not a public service corporation.

B. The Commission shall determine whether the adjudication applicant is a public service corporation by examining all of the following factors:

1. What business activities the adjudication applicant conducts or will conduct.

2. Whether the pay telephone service is or will be dedicated to public use.

3. Whether the adjudication applicant accepts or will accept substantially all requests for service.

4. Whether the adjudication applicant is or will be the sole offeror of pay telephone service in the area, or is in competition with other providers.

5. Whether the public safety and convenience requires maintenance of public telephone facilities at the locations designated in the application.

C. The Commission shall notify in writing the adjudication applicant and the appropriate LEC of the Commission's determination made pursuant to subsection (B) of this Section. Such notification shall be made within 180 days of receipt of an application submitted pursuant to subsection (A) of this Section.

D. An adjudication applicant adjudicated a public service corporation under the provisions of this Section shall submit an application for a certificate of convenience and necessity pursuant to R14-2-902 within 30 days of receiving notice of the Commission's determination.

E. An adjudication applicant adjudicated not a public service corporation under this Section shall be exempt from the requirements contained in this Article.

Ariz. Admin. Code § R14-2-904

Adopted effective September 16, 1992 (Supp. 92-3).