Section 15-2505. CERTIFICATION BY WAIVER REQUIREMENTS

 

2505.1The Commission may waive the experience and annual gross revenue requirements of Section 2504 of these Rules, if an applicant demonstrates in its Application that:

 

(a)The applicant has sufficient experience to ensure the continued provision of local exchange services within the District;

 

(b)The applicant has the financial stability to ensure the continued provision of local exchange services within the District; and

 

(c)The public interest will be served by the applicant's entry into the local telecommunications marketplace within the District.

 

2505.2An applicant will be deemed to have sufficient experience to ensure the continued provision of local exchange services within the District if:

 

(a)The applicant or its affiliate has at least three (3) years of experience providing telecommunications services pursuant to authorization(s) by the FCC or a state regulatory body;

 

(b)The applicant employs individuals with: 1 ) substantial managerial experience in the telecommunications industry, and 2) adequate technical expertise to provide the telecommunications services proposed in the Application; or

 

(c)The Application otherwise demonstrates that the applicant has sufficient experience to ensure the continued provision of local exchange services within the District.

 

2505.3An applicant will be deemed to have the financial stability to ensure the continued provision of local exchange services within the District if:

 

(a)The applicant or its affiliate(s) derived at least $50 million in gross annual revenue from telecommunications services in any of the last three years preceding the Application;

 

(b)The applicant has cash, a line of credit, or other resources sufficient to meet its anticipated capital requirements for operations in the District of Columbia for a minimum of three years;

 

(c)The applicant demonstrates that: 1) an affiliate, in a notarized document, agrees to provide financial support sufficient to meet the applicant's anticipated capital requirements for a minimum of three years, and 2) the financial strength of that affiliate is sufficient to provide support; or

 

(d)The Application otherwise demonstrates that the applicant has the financial stability to exercise staying power in the District of Columbia.

 

2505.4The public interest will be served by an applicant's entry into the local telecommunications marketplace within the District when the applicant and its affiliate (if the applicant relies on an affiliate to demonstrate its financial stability and/or experience):

 

(a)Are deemed by the Commission as technically and financially qualified to provide local exchange service in the District;

 

(b)If at any time ever certificated by any other state regulatory body to provide local exchange service, had a satisfactory history of regulatory compliance; and

 

(c)Provide, either directly or through arrangements with others, at a minimum, the following:

 

(1)Access to 911 and E911 services;

 

(2)Access to telecommunications relay services;

 

(3)Access to directory assistance;

 

(4)Access to operator services; and

 

(5)Interconnection on a non-discriminatory basis with other local exchange carriers.

 

2505.5The Commission may waive the requirement that applicants provide all of the services listed in 2505.4(c) upon good cause shown.

 

source

Notice of Final Rulemaking published at 47 DCR 2601(April 14, 2000); as amended by Final Rulemaking published at 47 DCR 8112 (October 6, 2000).