OAR 860-032-0005: Application for New or Amended Certificate of Authority, or to Transfer Authority

(1) A person may not provide intrastate telecommunications service on a for-hire basis, or transfer a certificate of authority to provide such service, except as authorized by the Commission. (2) Any person intending to provide intrastate telecommunications service in Oregon, or to transfer a certificate of authority to provide such service, must file an application, on a form prescribed by the Commission. A copy of the applicable application form is available on the Commission's website. (3) The application and any subsequent amendments must be filed electronically as set forth in OAR 860-001-0140 and 860-001-0170. (4) Applicant(s) must complete all applicable parts of the application. If an application, in any material respect, is incomplete, inaccurate, false, or misleading, the Commission may reject the application. (5) An application for a new or amended certificate must contain: (a) A request for classification as a telecommunications utility or competitive provider; (b) The name, mailing address, telephone number, and electronic mail address of the applicant; (c) A description of the service the applicant seeks to provide, including designation of such service as local exchange, shared, or interexchange service, and a designation of such service as switched or non-switched service, and a description of how applicant will provide such service; (d) A description of the territory where the service is to be offered. An application to provide local exchange service must include a description and map of the local exchange service boundaries or a list of the local exchanges to be served; (e) The names of affiliated interests of the applicant, as defined in OAR 860-032-0001, which are certified to provide or are actually providing telecommunications service in Oregon; (f) A list of each certificate of authority to provide service in Oregon, which was granted to applicant or to an affiliated interest, whether such certificate is in effect or canceled; and (g) In addition to the requirements of subsections (5)(a) through (f) of this rule, an application to provide shared service must: (A) Describe the user group to whom service will be provided; (B) List the street address of the building(s) where service will be provided; and (C) If service will be provided to a user group located in two or more buildings, the application must include a clear, precise, legible map, of the area to be served. (6) An application to transfer a certificate of authority must contain: (a) The names, mailing addresses, telephone numbers, and electronic mail addresses of the transferor and transferee; (b) A description of the telecommunications services and service area for which authority is to be transferred; and (c) The names of affiliated interests of the transferee, as defined in OAR 860-032-0001, which are certified to provide or are actually providing telecommunications service in Oregon. (7) For all applications: (a) The Commission will serve notice of the application as provided in OAR 860-032-0002(1). (b) Within 20 days of the date of service of the notice, any person may file a protest to an application. The protest must set forth the grounds for the protest and be filed in accordance with requirements of OAR 860-001-0140 and 860-001-0170. (c) The Commission may require a person filing a protest to show that it is affected by the application or that its appearance and participation will not unreasonably broaden the issues or burden the record. Failure of the telecommunications utility or cooperative to protest an application to provide local exchange service, other than shared service, is not considered consent to the application. (d) Any protestant will be made a party to the application proceeding. Other persons may be made a party upon formal request to the Commission. (e) If an applicant intends to broaden the authority requested during the application process, it must file a new application pursuant to sections (2) through (6) of this rule. However, an applicant may narrow its request by filing its amendment with the Filing Center. (f) The Commission may grant or deny an application without hearing, unless a hearing is required by ORS 759.020(4). (g) If the Commission processes the application without a hearing, the Commission staff may issue to the parties a proposed order that grants or denies the application. Within 60 days of service of any proposed order, any party may file exceptions or request a hearing. Exceptions must be filed with the Filing Center. Within 10 days of filing of any exceptions, Commission staff and any party may file a reply. In its reply, Commission staff may modify its proposed order in response to the exceptions filed. Filing dates for exceptions and replies are calculated and enforced per OAR 860-001-0150. (h) A party to the application proceeding may request rehearing or reconsideration of the order, which grants or denies the application, pursuant to ORS 756.561 and OAR 860-001-0720. (8) For applicants who request classification as a telecommunications utility, all services proposed to be offered by the applicant must be deemed essential services. However, applicant may accompany the application with a petition to exempt some services pursuant to OAR 860-032-0025 or to price-list some or all services pursuant to OAR 860-032-0035. (9) The Commission reviews applications for interexchange service or shared service pursuant to ORS 759.020. Applications for local exchange service, other than shared service, will be reviewed pursuant to ORS 759.020 and 759.050. (10) For applications for local exchange service, other than shared service, the following apply in addition to provisions of sections (7) through (9) of this rule: (a) The Commission may apply the public interest criteria from ORS 759.050(2), or the Commission may determine pursuant to ORS 759.020(3) that the affected telecommunications utility is unable to provide service; and (b) Failure by the telecommunications utility to provide reasonable and adequate local exchange service constitutes inability to provide service. (11) Applications to transfer authority to provide telecommunications service are subject to sections (1) through (4) and (6) through (10) of this rule. With Commission approval, a telecommunications provider may transfer a certificate of authority subject to the following requirements: (a) The transferor may transfer some or all of its authority; (b) Transferee is liable for all fees incurred and reports due by the transferor as of the date the transfer is approved; and (c) All relevant conditions and restrictions which attend the authority held by the transferor will apply to the certificate held by the transferee. (d) When the application is granted the transferor will no longer be authorized to provide the telecommunications services that are transferred.