1944673 Formal Case No. 712, In the Matter of the Investigation into the Public Service Commission's Rules of Practice and Procedure

PUBLIC SERVICE COMMISSION OF THE DISTRICT OF COLUMBIA

 

NOTICE OF PROPOSED RULEMAKING

 

FORMAL CASE NO. 712, IN THE MATTER OF THE INVESTIGATION INTO THE PUBLIC SERVICE COMMISSION’S RULES OF PRACTICE AND PROCEDURE

 

1.        The Public Service Commission of the District of Columbia (Commission), pursuant to its authority under  § 34-802 (2010 Repl.) hereby gives notice of its intent to adopt the following amendments to chapter 28 of title 15 of the District of Columbia Municipal Regulations (DCMR).  Pursuant to D.C. Official Code § 2-505 (2011 Repl.) , the Commission gives notice of its intent to take final rulemaking action not less than thirty (30) days after publication of this notice in the D.C. Register. 

 

Chapter 25, Certification of Local Exchange Service Providers, of title 15, Public Utilities and Cable Television, of the DCMR is amended as follows:

 

2511            CHANGE OF CERTIFICATED PROVIDER INFORMATION

 

2511.1             All certificated local exchange carriers shall file any change of name, address,         telephone number, fax number, email address, registered agent, corporate contact, and customer service and/or maintenance contact information with the Commission within thirty (30 ) days of the change.

 

2511.2             For any change of ownership or control involving a certificated local exchange carrier that must be approved by the Commission pursuant to D.C. Official Code § 34-1001 (2010 Repl.), all of the entities involved in the transaction must file an application with the Commission at least sixty (60 ) days before the proposed closing date of the transaction.  The application must contain the following information:

 

(a)        The name, address, telephone number, fax number, email address, and contact information of all applicants involved in the transaction; 

 

(b)        For certificated local exchange carriers involved in the transaction, the name under which the applicant is providing service in the District of Columbia, and the date and order number of the Commission order that authorized the certificated local exchange carrier  to provide telecommunications services in the District of Columbia;

 

(c)        A description of the transaction, including a description of the applicants’ corporate structures pre-transaction and post-transaction as well as the closing date of the transaction;

 

                        (d)       A description of how the transaction satisfies the following standards:

 

(1)        How the proposed transaction will affect competition in the District of Columbia;

 

                                    (2)        How the proposed merger will affect universal service;

 

                                    (3)        How the proposed merger will affect public safety and welfare;

 

                                    (4)        Whether the proposed merger will affect the quality of local                                            telecommunications services; and

 

                                    (5)        How the proposed merger will affect consumer rights; and

 

(e)        An affidavit verifying that all of the information in the application is true and correct. 

 

2511.3             Within forty-five (45) days after receiving the application, the Commission shall approve the application, reject the application, or request supplemental information.  If the Commission requests supplemental information, the applicant will be afforded fifteen (15) days to provide the Commission with such supplemental information. Upon receipt of supplemental information, the Commission shall have thirty (30) days to approve the application or reject the application.

 

2511.4             The Commission shall approve an abandonment of certification application if:

 

                        (a)        The applicants have provided the information in section 2511.2; and

 

                        (b)        The approval of the application would serve the public interest.

 

2.         All persons interested in commenting on the subject matter of this proposed rulemaking action may submit written comments and reply comments not later than thirty (30) and forty-five (45) days, respectively, after publication of this notice in the D.C. Register with Brinda Westbrook-Sedgwick Commission Secretary, Public Service Commission of the District of Columbia, 1333 H Street, N.W., West Tower, Suite 200, Washington, DC  20005.  Copies of the proposed rules may be obtained by visiting the Commission’s website at www.dcpsc.org or at cost, by contacting the Commission Secretary at [phone] or [e-mail].