Section 15-2508. COMMISSION REVIEW OF AN APPLICATION FOR CERTIFICATION BY WAIVER

 

2508.1Within fifteen (15) days of the date that an Application is filed with the Commission, if the Application demonstrates 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, the Commission shall issue an Order waiving the minimum experience and gross annual revenue requirements of D.C. Code §43-1452(d)(1) and granting the applicant's request for certification to provide telecommunications services within the District of Columbia. The certification shall specify whether the applicant is authorized to provide resold services, facilities-based services, or both.

 

2508.2If a telecommunications service provider granted certification by waiver desires to provide services other than those authorized by the certification, the telecommunications service provider shall file another Application, with an additional application fee, requesting certification to provide those additional services.

 

2508.3Within fifteen (15) days of the date that an Application is filed with the Commission, if the Application fails to demonstrate that: (1) the applicant has sufficient experience and financial stability to ensure the continued provision of local exchange services within the District; or (2) it is in the public interest to grant certification, the Commission shall:

 

(a)Request, in writing, additional information pursuant to D.C. Code § 43-1452(d)(3) by letter or Order; or

 

(b)Issue an Order denying the applicant's request for certification to provide telecommunications services within the District of Columbia.

 

2508.4If the Commission requests additional information pursuant to Section 2509 of these Rules, either: (1) within fifteen (15) days of the date that the additional information is received by the Commission; or (2) if additional information is not received by the deadline established by the Commission, within fifteen (15) days of that deadline; the Commission shall, in its discretion:

 

(a)Issue an Order granting the applicant's request for certification by waiver to provide telecommunications services within the District of Columbia. Such certification shall specify whether the applicant is authorized to provide resold services, facilities-based services, or both. If a telecommunications service provider granted certification by waiver desires to provide services other than those permitted by the certification, the telecommunications service provider shall file another Application, with an additional application fee, requesting certification to provide those additional services;

 

(b)Issue an Order denying the applicant's request for certification to provide telecommunications services within the District of Columbia; or

 

(c)Return the Application to the applicant without issuing an Order granting or denying the certification. The applicant may re-file the Application, but an additional application fee shall be required. The re-filed Application shall include the information requested by the Commission.

 

2508.5Any decision denying an Application shall identify the basis for the denial.

 

source

Notice of Final Rulemaking published at 47 DCR 2601 (April 14, 2000).