Section 15-2512. ASSIGNMENT OR TRANSFER OF CERTIFICATION TO PROVIDE LOCAL EXCHANGE SERVICE

 

2512.1The certification to provide local exchange service within the District of Columbia granted to an applicant shall not be assignable or transferable, except in circumstances in which the assignor or transferor and assignee and transferee share the same or substantially similar corporate structures, affiliates, or financial, managerial, administrative, or technical personnel, equipment, and other resources. No certificated provider shall assign or transfer the certification to another party without written approval of the Commission.

 

2512.2At least sixty days prior to the date of a proposed assignment or transfer, a certificated provider shall notify all affected customers of the proposed transfer or assignment by separate direct mailing or by bill insert. The notice shall describe any and all changes in terms, conditions, rates, and charges that will affect customers if the transfer or assignment is approved by the Commission and shall advise the customer of the right to terminate service prior to the effective date of the assignment or transfer.

 

2512.3A request to transfer or assign a certification to provide local exchange service within the District shall be made by a joint application of the assignor and assignee or transferor and transferee.

 

2512.4The joint applicants shall file with the Office of the Commission Secretary an original and fifteen (15) copies of the joint application not less than thirty days prior to the proposed effective date of the assignment or transfer.

 

2512.5The joint application shall include, at a minimum, the following information, in the following order and specifically identified, either in the joint application or in attached exhibits:

 

(a)For each joint applicant, the complete name, address, telephone number, fax number, registered agent, corporate contact, and the name of the person authorized to respond to Commission inquiries on behalf of the joint applicant;

 

(b)The name under which local exchange services are currently provided by the assignor or transferor in the District;

 

(c)The name under which local exchange services will be provided if the assignment or transfer is approved;

 

(d)A description of the facilities, if any, currently owned or operated in the District by each applicant;

 

(e)A description of the services currently provided by each applicant in the District;

 

(f)A description of the transaction that will result in the transfer or assignment of the certification to provide local exchange service within the District;

 

(g)A detailed plan for the transfer of customers to the transferee or assignee;

 

(h)A demonstration that the assignor or transferor and the assignee or transferee share the same or substantially similar corporate structures, affiliates, or financial, managerial, administrative, or technical personnel, equipment, and other resources;

 

(i)A statement that all District of Columbia customers purchasing local exchange service from the assignor or transferor were notified of the provider's intent to transfer or assign its certification at least sixty days before the proposed effective date of the assignment or transfer;

 

(j)A statement that the applicants understand that the filing of a joint application does not, by itself, constitute authorization to assign or transfer the certification; and

 

(k)An affidavit signed by a person with authority to bind each of the joint applicants, affirmatively declaring that the authority to execute the affidavit has been properly granted, that the contents of the joint application are true, accurate and correct, and that the joint applicants understand that if the contents of the joint application are found to be false or to contain misrepresentations, any authority granted may be suspended or revoked upon Commission Order.

 

2512.6Upon a determination that the joint application complies with the standards in 2512.1 and that the assignor or transferor and assignee or transferee have complied with the other provisions of Section 2512, and all other applicable Commission rules and requirements of applicable law, the Commission shall issue an Order transferring or assigning the automatic certification or certification by waiver to provide local exchange service to the transferee or assignee. The certification shall specify whether the assignee or transferee is authorized to provide facilities-based services, resold services, or both.

 

source

Notice of Final Rulemaking published at 47 DCR 2601 (April 14, 2000); as amended by Final Rulemaking published at 51 DCR 9998 (October 29, 2004).