5104545 Public Service Commission - Notice of Final Rulemaking - Formal Case No. 1112, In The Matter Of The Amendment Of The Commission’s Rules Regarding Regulation Of Local Exchange Carriers
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PUBLIC SERVICE COMMISSION OF THE DISTRICT OF COLUMBIA
NOTICE OF FINAL RULEMAKING
FORMAL CASE NO. 1112, IN THE MATTER OF THE AMENDMENT OF THE COMMISSION’S RULES REGARDING REGULATION OF LOCAL EXCHANGE CARRIERS
1. The Public Service Commission of the District of Columbia (“Commission”) hereby gives notice pursuant to Sections 34-802 and 2-505 of the District of Columbia Official Code[1] of its final rulemaking action adopting amendments to Chapter 13, “Rules Implementing the Public Utilities Reimbursement Fee Act of 1980,” Chapter 25, “Certification of Local Exchange Service Providers,” and Chapter 27, “Regulation of Telecommunications Service Providers” of Title 15, “Public Utilities and Cable Television,” of the District of Columbia Municipal Regulations (“DCMR”). The Commission issued a Notice of Proposed Rulemaking (“NOPR”) which was published in the D.C. Register on August 8, 2014, giving notice of the Commission’s intent to adopt the amendments described above in no less than 30 days.[2] No comments were filed in response to the NOPR.
2. As indicated in the NOPR, the purpose of the amendments to Chapter 13 of the Commission’s rules – “Determination of Reimbursements” – is to ensure that the assessment process is complete and accurate. Section 1301.2 is amended to clarify the Annual Survey filing requirements for utilities, competitive electric suppliers, competitive natural gas suppliers, and Competitive Local Exchange Carriers (“CLEC”). Sections 1301.3, 1301.4 and 1301.5 are added to impose appropriate penalties on any utility,[3] competitive electric supplier,[4] competitive natural gas supplier,[5] or CLEC[6] that fails to timely file their annual jurisdictional revenue figures or files incomplete or inaccurate Annual Survey information. Section 1301.6 is added to explain the penalty procedure.
3. The amendments to Chapter 25 – “Certification of Local Exchange Service Providers” – amend Section 2501 – “Certification Required Prior to Providing Local Exchange Service” and Section 2514 – “Provision of Service Requirement” – in order to ensure that parties granted a certificate to provide telecommunications services to customers in the District of Columbia actually begin providing service to customers in the District of Columbia within five (5) years from the issuance of the certificate. Section 2515 – “Certification Revocation” – is added to provide the procedure for the revocation of a certificate in the event that a certificated party does not provide timely telecommunications services to customers in the District of Columbia.[7]
4. The amendment to Chapter 27 – “Regulation of Telecommunications Service Providers” – adds Section 2708 – “Relinquishment of Certificate” – in order to provide for the voluntary relinquishment of a certificate at any time for any certificated party who has no customers in the District of Columbia.
5. Accordingly, the Commission, at its regularly scheduled open meeting held on September 18, 2014, took final action to adopt the amendments as proposed in the NOPR published in the D.C. Register on August 8, 2014. The following rules will become effective upon publication of this Notice of Final Rulemaking (“NOFR”) in the D.C. Register.
6. Chapters 13, 25, and 27 are amended as follows:
1301 DETERMINATION OF REIMBURSEMENTS
1301.2 By March 15th of each year the Commission shall send to each utility, competitive electric supplier, competitive natural gas supplier, and CLEC an Annual Survey and Affidavit for assessment purposes. Each utility, competitive electric supplier, competitive natural gas supplier, and CLEC shall file its responses to the Annual Survey with the Commission by April 15th. Each response shall include a report of the responder’s gross jurisdictional revenues for the proceeding calendar year ending December 31st.
1301.3 Failure to respond to the Commission issued Annual Survey by April 15th shall result in a penalty of $100.00 per day for each day that the filing is late.
1301.4 Responders who under-report their gross jurisdictional revenues in their Annual Survey, shall be subject to a penalty equal to twice the correct assessment amount, up to but not to exceed $5,000, in addition to paying the correct assessment amount.
1301.5 Responders who file incomplete or incorrect information in their Annual Survey shall be subject to a penalty not to exceed $5,000.
1301.6 Responders shall receive notice of any penalty that the Commission intends to impose and shall be given an opportunity for a hearing pursuant to D.C. Official Code §§ 34-706(c), 34-1508(a), 34-1671.11(a), or 34-2002(h-1).
2501 CERTIFICATION REQUIRED PRIOR TO PROVIDING LOCAL EXCHANGE SERVICE
2501.1 No party shall provide local exchange service to the public in the District of Columbia, regardless of the facilities used, without first receiving certification from the Commission to provide such service. All parties seeking a certificate must begin providing service to customers in the District of Columbia within five (5) years from the date that the certificate is issued in accordance with Section 2514 of this chapter.
2514 PROVISION OF SERVICE REQUIREMENT
2514.1 All parties granted a certificate to provide service under this chapter shall begin providing telecommunications service for hire to one or more customers in the District of Columbia within five (5) years from the date that the certificate is issued, or from the date that this rule is published in the D.C. Register, whichever is later.
2515 CERTIFICATE REVOCATION
2515.1 If a certificated party fails to begin to provide telecommunications service to customers in the District of Columbia within five (5) years from the issuance of its certificate, or from the date that this rule is published in the D.C. Register, whichever is later, then the Commission shall institute a formal certificate revocation proceeding and shall give the certificated party an opportunity for a hearing, either oral or in writing.
2515.2 The formal revocation proceeding shall commence with the issuance of a Show Cause Order directing the certificated party to show cause as to why their certificate should not be revoked for failure to provide service to any customers in the District of Columbia within the five (5) year period.
2515.3 A certificated party’s response to the Show Cause Order shall be reviewed by the Commission or by a hearing officer designated to act on the Commission’s behalf.
2515.4 A certificated party may, at its option, relinquish its certificate in accordance with 15 DCMR § 2708.
2708 RELINQUISHMENT OF CERTIFICATE
2708.1 A certificated party with no customers in the District of Columbia may, at any time, relinquish its certificate to provide telecommunications service in the District of Columbia by filing an affidavit, signed by a party authorized to act on behalf of the certificated party, with the Commission verifying:
(a) The certificated party’s name, address, telephone number, fax number, and any other name(s) under which the certificated party applied for or received the certificate to provide telecommunications service in the District of Columbia that is being relinquished;
(b) That the certificated party is not providing telecommunications services to any customers in the District of Columbia;
(c) That the certificated party owes no outstanding debts to the District of Columbia, or a description of the arrangements made for payment of any outstanding debts including taxes, fees, or other amounts owed to the Commission or any other agency of the District of Columbia; and
(d) That the certificated party understands that by relinquishing its certificate it may not provide local exchange service to any customers in the District of Columbia, regardless of the facilities used, and that in order to provide telecommunications services to any customers in the District of Columbia in the future, the certificated party must reapply for a certificate in accordance with Chapter 25 of the Commission’s rules.
2708.2 The Commission shall act on any request to relinquish a certificate within fifteen (15) days of its filing.
[1] D.C. Official Code §§ 34-802 and 2-505 (2012 Repl..).
[2] 61 DCR 8154 (August 8, 2014).
[3] Imposed pursuant to D.C. Official Code § 34-706(a) (2014 Supp.). This provision allows the Commission to impose a civil penalty on a utility for violation of a regulation or Commission order. The civil penalty imposed may not exceed $5,000 per violation.
[4] Imposed pursuant to D.C. Official Code §§ 34-1508(a)(2) and (b)(1) (2012 Repl.). These provisions, taken together, allow the Commission to impose a civil penalty on a competitive electric supplier for violation of any regulation or Commission order. The civil penalty imposed may not exceed $10,000 per violation.
[5] Imposed pursuant to D.C. Official Code §§ 34-1671.11(a)(2) and (d)(1) (2012 Repl.). These provisions, taken together, allow the Commission to impose a civil penalty on a competitive gas supplier for violation of any regulation or Commission order. The civil penalty imposed may not exceed $10,000 per violation.
[6] Imposed pursuant to D.C. Official Code §§ 34-2002(h-1)(2) and (h-2)(1) (2014 Supp.). These provisions, taken together, allow the Commission to impose a civil penalty on a competitive local exchange carrier for violation of any regulation or Commission order. The civil penalty imposed may not exceed $10,000 per violation.
[7] The five (5) year provision of service deadline and the certification revocation provision are adopted pursuant to D.C. Official Code §§ 34-2002(b) and 34-2002 (h-1)(1), respectively, which state:
§ 34-2002(b) Pursuant to the federal Telecommunications Act of 1996 (Public Law 104-104), the Public Service Commission shall establish a procedure to facilitate entry into the District for providers of all forms of telecommunications service in order to foster the availability of competitive telecommunications options to consumers in the District, and to encourage the development of a technological infrastructure which will afford District residents increased access to the information highway.
34-2002(h-1) For a violation of any provision of this chapter or a violation of any rule or order issued under this chapter, after notice and a hearing, the Commission may;
(1) Suspend or revoke the certification of a telecommunications service provider . . .
