Section 69-09-05-11 - Certificate of public convenience and necessity for incumbent local telecommunications company - Procedure1. An applicant for a certificate of public convenience and necessity as an incumbent local exchange company shall file an application with the commission which includes evidence of the applicant's authority to do business in North Dakota, conforms to the commission's rules of practice and procedure under article 69-02, and which identifies: a. The type of service the applicant intends to provide. b. The service area or areas in which the applicant intends to provide service. c. How the applicant meets the issues to be considered in the application. 2. An applicant for a certificate of public convenience and necessity must also file consolidated financial statements for the most recent year available, including: a. A balance sheet of the form and style usually followed in the industry. b. An income statement of the form and style usually followed in the industry. c. If available, an independent accountant's financial opinion, d. Any other information requested by the commission. 3. In order to implement North Dakota Century Code chapter 49-03.1 consistent with the Telecommunications Act of 1996, issues to be considered in an application for a certificate of public convenience and necessity for a facilities-based provider of telecommunications services are: a. Fitness and ability of the applicant to provide service,b. Adequacy of the proposed service. c. The technical, financial, and managerial ability of the applicant to provide service. 4. If the application is to be decided on a notice of opportunity for hearing, the applicant shall file affidavits sufficient to meet the applicant's burden of proof on the issues. 5. When the holder of a certificate of public convenience and necessity intends to assign the authority to provide telecommunications service in North Dakota to another entity, the assignee must first obtain a certificate of public convenience and necessity from the commission. 6. Abandonment of a certificate of public convenience and necessity for an incumbent local exchange company requires prior commission approval. N.D. Admin Code 69-09-05-11
Effective January 1, 2001; amended effective July 1, 2006.General Authority: NDCC 28-32-02, 49-21-01.7
Law Implemented: NDCC 49-03.1-01, 49-03.1-03, 49-21, 49-21-01.7(7)