Section 15-3501. EXPEDITED REVIEW PROCESS

 

3501.1An application for authority to issue or amend tariffs or issue stock or evidences of indebtedness that are payable in more than one year shall be approved by the Commission within thirty (30) days after the publication date in the D.C. Register, provided that: (1) no objection is filed within thirty (30) days after the publication date; and (2) the Commission does not order additional time for review of the application.

 

3501.2An applicant wishing to have an application reviewed under this Chapter shall file an original and fifteen (15) copies of each application (and any information supporting the application) with the Office of the Commission Secretary. One copy of the application, a draft notice of proposed rulemaking, and a draft notice of final rulemaking shall also be filed on diskette in a format approved by the Commission. The application shall clearly state that the applicant seeks expedited review under this Chapter. The applicant shall also serve a copy of the application on the Office of the People's Counsel on the date the application is filed.

 

3501.3The Commission shall submit the application to the District of Columbia Office of Documents within five (5) business days of the application filing date to be published in the D.C. Register.

 

3501.4Any party objecting to the expedited handling of the application shall file an objection, in writing, with the Commission within thirty (30) days of the publication date. The objection shall clearly state the reasons for which the application should not be handled through the expedited procedure. A copy of the objection shall be served on the applicant and the Office of the People's Counsel.

 

3501.5Responses to objections shall be filed with the Commission within thirty-five (35) days of the publication date. A copy of the response shall be served on the objecting party and the Office of the People's Counsel.

 

3501.6When an objection to an application is filed, the Commission shall determine within fifteen (15) days after the period for filing an objection has expired whether to handle the application through the expedited procedure. The Commission may grant an objection if the objection is clearly supported by substantive reasons for which the application should not be reviewed through the expedited procedure. Where an objection is granted, the application shall not be handled through the expedited procedure and shall be considered by the Commission following such additional comment and hearing period that the Commission deems appropriate. The Commission Order granting the objection shall state the reasons for which the application shall not be handled through this Chapter. Where an objection is denied, the Commission may approve the application by Order.

 

3501.7When no objection to an application is filed, the Commission may on its own initiative determine that additional time is needed to review the application. Such a determination must be made no later than thirty (30) days after the publication date and must state the reasons for which the application shall not be handled through this Chapter.

 

3501.8If the Commission approves an application for authority to issue or amend tariffs or issue stocks or evidences of indebtedness, the approval will become effective upon publication of a notice of final rulemaking reflecting this approval in the D.C. Register.

 

3501.9If no objection to the application is filed and if the Commission takes no action on the application within forty (40) days after the publication date, then the tariff issuance or amendment or issuance of stock or evidences of indebtedness is deemed approved. Upon the expiration of this 40-day period, the Commission shall submit a notice of final rulemaking to the D.C. Register, making the application effective. An applicant whose application for authority to issue stock or evidences of indebtedness has been approved pursuant to this section may petition the Commission for a certificate if required by D.C. Code § 43-701 et seq.

 

3501.10Applications for changes in base rates submitted pursuant to D.C. Code § 43-601 and 15 DCMR § 200 et seq. may not be reviewed under the expedited procedures contained in this Chapter.

 

3501.11Applications for issuance of new service tariffs or issuance or amendment of service or rate tariffs offered by the incumbent local exchange carrier may be reviewed under the expedited procedures contained in this Chapter; however, pursuant to Commission Order No. 11545, for a tariff application submitted by the incumbent local exchange carrier under this subsection, any party objecting to the expedited handling of the tariff application shall have forty-five (45) days after the publication date to submit comments on the application and fifteen (15) days from the comment submission date to file reply comments. If no comments or objections are filed, then the Commission shall have sixty (60) days from the publication date in which to review the application to determine whether it should be handled through the expedited review procedure, and approved. If comments or objections on the application are filed, then the Commission shall have seventy-five (75) days from the publication date to determine whether to handle the application through the expedited review procedure.

 

3501.12Pursuant to D.C. Code § 43-1452, applications filed by competitive local exchange carriers for issuance of stock or evidences of indebtedness or tariffs relating to tolls, charges, rate structure, terms and conditions of service, rate base, rate of return, operating margin, earnings, or cost of service shall be presumed just and reasonable and deemed approved upon filing with the Commission. However, the Commission reserves the right to review competitive local exchange carrier tariff applications after filing and approval to determine whether the applications pertain to competitive local exchange carrier interconnection, Universal Service Fund subsidies, or quality of service. If the Commission determines that a tariff amendment application filed by a competitive local exchange carrier pertains to competitive local exchange carrier interconnection, Universal Service Fund subsidies, or quality of service, the Commission shall submit the application for publication in the D.C. Register, indicating that the application shall be reviewed pursuant to this Chapter.

 

source

Final Rulemaking published at 47 DCR 8202 (October 13, 2000).