Section 407-280-4 - APPROVAL REQUIREDA.Public Convenience and Necessity; Required Findings. No telecommunications carrier that is a telephone utility, as defined by 35-A M.R.S.A. §102(19), shall provide competitive local exchange or interexchange telecommunications service in or to a municipality in which another telephone utility is furnishing or is authorized to provide telephone service unless the Commission has first approved the furnishing of that service pursuant to 35-A M.R.S.A. §§2102 and 2105 by making a declaration that the public convenience and necessity require an additional public utility. Approval to provide any service shall not be issued unless the applicant has presented sufficient evidence for the Commission to make the following findings: (1) The applicant has adequate financial ability and willingness to cover any customer advances and deposits; and to pay intrastate access charges and interconnection charges on all intrastate telecommunications services;(2) The applicant (other than a interexchange carrier that is a reseller or A local exchange carrier that provides service solely through resale of local service purchased from a wholesale schedule of another LEC) has the technical ability to measure and record intrastate traffic information and billing amounts that may be necessary for the calculation of access and interconnection charges; and(3) The applicant is willing and able to comply with State law and Public Utilities Commission rules, including, but not limited to, this Chapter.B.Approval for Additional Service or Service Area. A telephone utility that is authorized to provide either interexchange service or local exchange service and that desires to provide the other service or to extend either service to additional areas shall obtain further approval pursuant to 35-A M.R.S.A. §2102, but does not need to provide the information required by this section unless the information supplied previously has changed since the time of the any earlier application. Any further application shall provide a reference by docket number to a prior application.C.Contents of Application. Any application for approval pursuant to 35-A M.R.S.A. §2102 to operate as a telephone utility and to provide competitive telecommunications services shall contain the following information, as applicable, except to the extent a waiver is granted pursuant to section 14: (1) Name of the applicant and any names under which the applicant does business (d/b/a's).(2) Address of the principal office of the applicant.(3) State (s) under which the applicant is organized and form of organization (corporation, partnership, association, firm, individual, etc.), including the date of organization.(4) A statement that the applicant, if it is a corporation, is organized under the laws of the State of Maine; or, if it is a foreign corporation, evidence that it is authorized to do business in Maine pursuant to 13-A M.R.S.A. §1201 et seq. and the name and address of the corporation's registered office and agent in Maine, as required by 13-A M.R.S.A. §1212. (5) Names and addresses of the officers and directors of the applicant.(6) Names and addresses of any affiliated interests of the applicant, as defined by 35-A M.R.S.A. §707(1), that are public utilities in Maine, as defined by 35-A M.R.S.A. §102(13), or that own more than 10% of the applicant.(7) A statement of whether the applicant is applying for authority to offer local service, interexchange service, or both, and the geographic areas for which the applicant seeks to obtain authority to serve. The application may designate those geographic area(s) by political boundaries or by the service areas of incumbent local exchange carriers or other areas specifically designated by the applicant.(8) A proposed initial schedule setting forth rates and terms and conditions of the proposed services, or an explanation of why a proposed initial schedule is not included.(9) Name(s), address and telephone number(s) of the person(s) whom the Commission should contact in regard to the proposed rate schedule and terms and conditions required by paragraph 8 and for future filings following the granting of authority.(10) Name(s), address and telephone number(s) of the person(s) whom the Commission should contact in regard to complaints by consumers.(11) Name(s), address and telephone number(s) that customers of the applicant should contact for inquiries about service, rates and bills.(12) A statement that the applicant is willing and able to comply with this Commission's rules, including this Chapter.(13) A statement whether the applicant presently or within the past 5 years has, to its knowledge, been the subject of an investigation (not including the initial application to provide service) by a state or federal regulatory authority, and, if so, a copy of the final order or settlement if the proceeding has concluded, or a copy of the notice of investigation and any interim orders if the proceeding is pending.(14) A statement whether the applicant proposes to offer operator services (as defined in section 2(K) and, if so, a reference to the pages of the applicant's proposed rate schedule at which the proposed operator service rates are located.(15) A statement of the means of access (feature group, special access, etc.) that the applicant intends to use for the provision of intrastate service in Maine; the location of any points of presence (POPS) at which that access is or is intended to be obtained and the local exchange carrier(s) from which it will be obtained; and a description of the means the applicant will use to identify its traffic as intrastate or interstate for the purpose of any intrastate billing reporting requirement required by this Chapter or the access administrator.65- 407 C.M.R. ch. 280, § 4