D.C. Mun. Regs. tit. 15, r. 15-2503

Current through Register Vol. 71, No. 48, November 29, 2024

Rule 15-2503 - CONTENT OF THE APPLICATION

2503.1

Each Application filed with the Commission shall:

1) state whether the applicant seeks authorization to provide local telecommunications services within the District pursuant to the automatic certification requirements of D.C. Official Code § 34-2002(d)(1) ("automatic certification requirements") or the certification by waiver requirements of § 34-2002(d)(3) ("certification by waiver requirements");

2) provide a detailed statement of the facts the applicant relies upon to demonstrate that it satisfies the certification requirements set forth in sections 2504 or 2505; and

3) state whether the applicant plans to provide resold and/or facilities-based services within the District of Columbia.

The Statement of Business Operations section of the Application shall contain the specifically identified information, in the following order, either in the text of the Statement or in attached exhibits:

(a) The complete name, address, telephone number, and fax number of the applicant, and the name under which telecommunications services will be provided in the District;

(b) The type or form of business, the date the business was formed, and a copy of the applicant's articles of incorporation, articles of organization, or charter;

(c) If the applicant is a corporation: the name, title, address, telephone number, fax number, and e-mail address, if available, of the corporation's corporate contact person, the regulatory contact person authorized to respond to Commission inquiries on behalf of the corporation, and the corporation's registered agent in the District of Columbia;

(d) If the applicant is a partnership, a limited liability corporation, or any form of business organization other than a corporation: the name, address, telephone number, fax number, and e-mail address, if available, of the organization's contact person, the regulatory contact person authorized to respond to Commission inquiries on behalf of the business organization, and all principal owners and/or partners;

(e) The local or toll free telephone number for customer service and a telephone number, address, fax number, and e-mail address, if available, for the employee(s) with overall responsibility for customer service and quality of service;

(f) The name, title, address, telephone number, fax number, and e-mail address, if available, of the individual(s) with overall responsibility for repairs and maintenance, complaints, billing questions, and refunds;

(g) A brief description of the type(s) of services to be offered, including the types of customers to be served;

(h) If the applicant relies upon its affiliation with any other company(ies) to demonstrate its financial stability and experience in providing telecommunications services, a detailed description of the applicant's relationship with each affiliate;

(i) A sworn and notarized tax attestation form signed by a corporate officer, partner, or an employee, who is authorized to act on behalf of the applicant, which attests that, as of the date the form is executed, the applicant:

(1) has filed all tax returns required by federal, state, and District law; and

(2) has no outstanding tax liability to the District or federal governments or any state or local government. The tax attestation form shall affirmatively declare that the authority to execute the tax attestation has been properly granted;

(j) If the applicant relies upon its affiliation with another company to demonstrate its financial stability and/or experience in providing telecommunications services, a sworn and notarized tax attestation form signed by a corporate officer, partner, or an employee, who is authorized to act on behalf of the affiliate, which attests that, as of the date the form is executed, the affiliate:

(1) has filed all tax returns all taxes required by federal, state and District law; and

(k) A copy of the master business license issued by the Department of Consumer and Regulatory Affairs showing evidence of authorization to operate a business in the District of Columbia;

(l) Financial statements in accordance with Section 2506 of these Rules;

(m) An affidavit, signed by a person with authority to bind the entity, who shall affirmatively declare that the authority to execute the affidavit has been properly granted, that the applicant is familiar with and intends to adhere to the laws of the District of Columbia and the Rules and Orders of the Commission, including any quality of service standards established by the Commission; and

(n) An affidavit, signed by a person with authority to bind the applicant, stating that the contents of the Application are true, accurate and correct, and that the applicant understands that if the contents of the Application are found to be false or to contain misrepresentations, any authority granted may be suspended or revoked upon Commission Order. The affidavit shall affirmatively declare that the authority to submit the Application has been properly granted.

2503.2

For a party seeking authorization to provide telecommunications services pursuant to the certification by waiver, the Statement of Business Operations shall include all other information required by these Rules, and:

(a) If available, projected financial statements (balance sheets, income statements, statements of cash flow) for the first three (3) years of the applicant's operations in the District showing anticipated capital requirements and how those requirements will be met, or alternative information showing capital requirements and how they will be met. If financial support is being provided by an affiliate, the projected financial information should be for the affiliate, if available;

(b) Copies of the documents evidencing the existence and availability of the applicant's or its affiliate's financial resources, which may include, line-of-credit agreements, irrevocable letters of credit, sworn letters of guaranty, bank loan approval documents, recent bank statements, vendor financing commitments, or underwriting agreements;

(c) Brief biographies of the individuals who will manage the applicant's operations in the District;

(d) If the applicant is or plans to be a facilities-based carrier, a detailed description of the network architecture to be used in providing local exchange service in the District and the applicant's technical qualifications to design, construct, operate and maintain the proposed network;

(e) A brief description of the applicant's experience providing the proposed local exchange service or other telecommunications services;

(f) A statement identifying, by jurisdiction and docket number, any decision by the FCC, any state regulatory body, or court that imposed sanctions against the applicant, an affiliate, officer, director, partner, or owner of more than 10% of the applicant for failure to comply with laws, rules, regulations or orders relating to the applicant's provision of telecommunications services; and

(g) Lists of states in which the applicant:

(1) is providing local exchange service,

(2) has been certified to offer local exchange service,

(3) has withdrawn its application to provide local exchange service upon notification of the state regulatory body that the application is not likely to be approved,

(4) or had its application for certification denied.

D.C. Mun. Regs. tit. 15, r. 15-2503

Notice of Final Rulemaking published at 47 DCR 2601(April 14, 2000); amended by Final Rulemaking published at 65 DCR 13762 (12/21/2018.)