Section 1220-04-08-.04 - APPLICATION AND CERTIFICATION REQUIREMENTS FOR COMPETING TELECOMMUNICATIONS SERVICE PROVIDERS - LOCAL SERVICE(1) Petitions to obtain certificates to provide competing local telecommunication services shall include the following:(a) demonstration of the ability and willingness to adhere to all applicable Authority policies, rules and orders;(b) documentation of managerial, financial and technical ability to provide such services;(c) the name of the service provider, the address of the corporate headquarters, and the names and addresses of the service provider's principle corporate officers;(d) if different than above, the names and addresses of all officers and corporate officers located in Tennessee and the name(s) and address(es) of employee(s) responsible for Tennessee operations;(e) information about the structure of the business organization and, where applicable, a copy of any articles of incorporation, partnership agreement or by-laws of the service provider, and a copy of any license to do business in Tennessee;(f) repair and maintenance information including the name, address and telephone number of a Tennessee contact person responsible for and knowledgeable about the provider's operations;(g) a list of other states where the provider is authorized to operate and a list of those states which have denied any requested authority;(h) such other information as the Authority may require;(i) a description of the category and types of services to be offered, the facilities and arrangements to be made available to end users and/or carriers, where applicable, and the geographic areas in which the services shall be offered.(2) After public notice and hearing, the Authority shall grant a certificate of convenience and necessity to a Competing Local Telecommunications Service Provider if, after examining the evidence presented, the Authority finds:(a) the applicant possesses sufficient managerial, financial and technical abilities to provide the applied for services;(b) the applicant has demonstrated that it will adhere to all applicable Authority policies, rules and orders.(3) Conditions of Certification (a) Certificates awarded to Competing Local Telecommunications Service Providers shall designate those incumbent local exchange companies which serve those areas in which the competing provider intends to operate. If the competing provider wishes to expand into areas served by other incumbent providers, the competing provider must file a petition to modify the certificate. The Authority shall act upon that petition within sixty (60) days of filing.(b) With entry into the local exchange communications markets in Tennessee comes basic obligations and responsibilities to serve the public interest. Therefore, all Competing Telecommunications Service Providers providing basic local exchange telephone service or its equivalent shall either directly or through arrangements with other carriers or companies:1. Provide access to 911 and E 911 emergency service.2. Provide white page directory listings and directory assistance.3. Provide consumer access to and support for the Tennessee Relay Center in the same manner as incumbent local exchange telephone companies.4. Provide free blocking service for 900, 976 type services in accordance with Authority policy.5. Provide Lifeline and Link-up services to qualifying citizens of this state.6. Provide educational discounts in existence as of June 6, 1995.(c) All telecommunications service providers certified pursuant to this rule shall at a minimum be required to:1. Provide support for universal service in a manner determined by the Authority. This requirement shall not be construed as prohibiting the granting of a certificate before the universal service issues are determined by the Authority.2. Provide interconnection with other certificated carriers or Authority authorized carriers on a nondiscriminatory basis under reasonable terms and conditions.3. Comply with Authority basic service standards as defined in any applicable rules and decisions of the Authority:.4. Provide equal access to authorized inter-and intraLATA long distance providers, unless otherwise exempted by the Authority.Tenn. Comp. R. & Regs. 1220-04-08-.04
Original rule filed April 15, 1998, effective June 15, 1998. Editorial changes made by the Secretary of State pursuant to Public Chapter 305 of 1995; "Commission" and references to the "Commission" were changed to "Authority" and references to the "Authority"; effective March 28, 2003.Authority: T.C.A. §§ 65-2-102, 65-4-201, 65-4-204, 65-5-101, 65-5-102, 65-5-103, 65-4-104, 65-4-106, 65-5-107, and Chapter 408 of Public Acts of 1995.