Chapter 480-121 WAC REGISTRATION, COMPETITIVE CLASSIFICATION AND PRICE LISTS OF TELECOMMUNICATIONS COMPANIES Last Update: 12/5/90 WAC 480-121-010 Filing of registration application, competitive classification petition and price list. 480-121-020 Number of copies. 480-121-020 Requirements for registration applications, competitive classification petitions and price lists: 480-121-xx1 Adding additional services. 480-121-xx2 Rejection of application, competitive classification petition, and price list. 480-121-030 Additional information 480-121-040 Grant or denial of registration 480-121-050 Form. 480-121-xx3 Cancellations 480-121-xx4 Revocation of registration. 480-121-xx5 Petition for competitive classification. WAC 480-121-010 Filing of registration application, competitive classification petition and price list. (1) Applications, petitions and price lists shall must be filed at the office of the commission in Olympia, Washington, by mail or in person, and shall must be signed by the applicant or its attorney, dated, and verified certified as to its accuracy. Applications, petitions and price lists will be assigned a docket number, and all additional exhibits and data thereafter filed, and correspondence in connection with the filing, application, should bear that docket number. Applications for registration, petitions for competitive classification and price lists must be submitted at the same time. Applicant shall must file with the commission an original application, petition and price list and such any additional copies as the commission may require. [Statutory Authority: RCW 80.01.040. 85-20-002 (Order R-237, Cause No. U-85-43), º 480-121-020, filed 9/19/85.] (2) The commission may waive or modify the application of any rule to an applicant upon written request, or upon commission motion, except when such provisions are fixed by statute. The waiver or modification must be approved by the commission in writing. [Statutory Authority: RCW 80.01.040. 85-20-002 (Order R-237, Cause No. U-85-43), º 480-121-010, filed 9/19/85.] WAC 480-121-020 Requirements for registration, competitive classification and price lists. (1) Applications for registration must; (a) Be in the form prescribed by the commission; (b) Adhere to the rules set forth in chapter 480-120 WAC; (c) Be accompanied by the applicant’s current balance sheet, latest annual report, if any, and a description of the telecommunications service it intends to offer; and (d) Be accompanied by declaration of positive regulatory performance on the form prescribed by the commission. (2) A petition for competitive classification must meet the requirements of WAC 480-120-023. (3) Price lists must meet the requirements of WAC 480-120-027. (4) As a condition to registration, with or without hearing, the commission may require an applicant must clearly show that the: (a) Applicant possesses adequate financial resources to provide the proposed service; (b) Applicant possesses adequate technical competence to provide the proposed service; and (c) Applicant is in compliance with all federal, state and local telecommunications and business regulations. Applicant has procured and will maintain: (d) Applicants operating in other states as a telecommunications company must have a positive regulatory record. Companies that have been registered within another state for less than one year must have a positive record since approval. Companies that have been registered for a period greater than one year must have a positive record for at least the prior 12 consecutive months. (5) Applicants that intend to collect customer prepayments must meet the requirements of WAC 480-120-058. WAC 480-121-XX1 Adding additional services. (1) A registered telecommunication company that intends to offer additional services must: (a) Supplement its original petition and price list requesting authority to provide the additional services. (b) Update the original petition or price list to reflect the new services and any other charges that have occurred since the original filing. WAC 480-121-XX2 Rejection of application, competitive classification petition, and price list. (1) Registration applications, competitive classification petitions and price lists not in substantial compliance with these rules and chapter 480-120 WAC may be rejected by the commission and returned to the applicant. WAC 480-121-030 Additional information. The commission may, at its discretion, require additional the production of data and information to supplement that contained in the registration application, competitive classification petition and price list. Unless a different time is specified, such information shall be provided within ten days of the written request. [Statutory Authority: RCW 80.01.040. 85-20-002 (Order R-237, Cause No. U-85-43), º 480-121-030, filed 9/19/85.] WAC 480-121-040 Grant or denial of registration. (2) A performance bond satisfactory to the commission sufficient to cover any customer advances or deposits; or (B) Provision has been made for deposit of customer advances or deposits in a federally insured interest bearing trust account maintained by applicant solely for customer advances or deposits, in a bank, savings and loan association, mutual savings bank, or licensed escrow agent located in Washington, with access to such funds only for the purpose of applying an amount to a delinquent bill in accordance with commission deposit rules, or for the purpose of refunding advances or deposits to customers. In any order granting certification, the commission may require either bond or trust account or escrow as a condition. (1) Applications may be granted without hearing upon a determination by the commission that the application is consistent with the public interest, and that applicant meets the requirements of this section and RCW 80.36.350 financial and technical requirements, and has provided adequately for the protection of customer advances prepayments, or the application may be set for hearing in accordance with notice issued by the commission. If, upon hearing, the commission finds that registration is not consistent with the public interest, or that applicant does not meet the requirements of RCW 80.36.350, is not financially or [technically] [technical] able to provide the contemplated service or that customer’s prepayment advances or deposits cannot be adequately protected, it will deny the application. (2) The commission may will deny an application for registration submitted by a company providing an operator services services provider if, after hearing, the commission finds that the alternate operator services offered by the company or the charges for those services are not for the public convenience and advantage necessity. [Statutory Authority: RCW 80.01.040 and chapter 80.36 RCW. 90-24-090 (Order R-332, Docket No. UT-900733), º 480-121-040, filed 12/5/90, effective 1/5/91. Statutory Authority: RCW 80.01.040. 85-20-002 (Order R-237, Cause No. U-85-43), º 480-121-040, filed 9/19/85.] WAC 480-121-050 Form. Applications for registration as a telecommunications company pursuant to the provisions of RCW 80.36.350, shall be submitted in the following form. APPLICATION FOR REGISTRATION of telecommunications company filed with the washington utilities and transportation commission highways-licenses building, olympia, wa 98504 IN THE MATTER OF } THE APPLICATION OF (HERE INSERT } NO. . . . . . NAME OF APPLICANT) FOR AN } (NUMBER TO ORDER AUTHORIZING THE } BE INSERTED registration of applicant } by secretary as a telecommunications } of the company } Commission) Application is hereby made to the Washington utilities and transportation commission for an order authorizing (here insert name of applicant) to register as a telecommunications company pursuant to the provisions of chapter 450, Laws of 1985. The following general information and specific exhibits are furnished in support thereof: GENERAL INFORMATION 1. Name of applicant. 2. Address of principal office of applicant. 3. Name and address of registered agent of applicant if any. 4. State or states under which applicant is organized and form of organization (corporation, partnership, association, firm, individual, etc.). Date of organization and term or duration thereof. 5. A general description of the property owned by applicant and the field of its operations. 6. If a corporation, the names and addresses of the ten common stockholders of applicant owning the greatest number of shares of common stock and the number of such shares owned by each, as follows: Name Shares Percentage of Percentage of and Owned all Shares Voting Control Address Issued & Outstanding 7. Names and addresses of the officers and directors of applicant. 8. Name and address of any corporation, association, or similar organization holding a 5% or greater ownership or a management interest in the applicant. As to ownership, the amount and character of the interest must be indicated. A copy of any management agreement must be attached. 9. Names and addresses of subsidiaries owned or controlled by applicant. EXHIBIT A Detailed description of the telecommunications services applicant intends to offer, designating geographic areas of operation, and the location of other areas in which applicant is providing or has provided service, either independently or in conjunction with any other telecommunications company. EXHIBIT B Current detailed balance sheet. EXHIBIT C Detailed income and profit and loss statement of applicant reflecting current and prior year balances for the twelve months ended as of the date of the balance sheet submitted as Exhibit B, or, if more readily available, for the period since the close of the preceding calendar year. If balance sheet and income statement are not available, applicant must submit financial data sufficient to establish it possesses adequate financial resources to provide the proposed service. EXHIBIT D Latest annual report, if any. EXHIBIT E Detail of the type and quantity of equipment to be used in the operation, capacity and expected use of such equipment, the method of transmission (i.e., copper cable, microwave, fiber optic, etc.), and a map depicting the physical route of transmission. EXHIBIT F A commitment for issuance of a performance bond by a company authorized to do business in Washington to cover any advances or deposits, or a detailed description of the account to be maintained for customer deposits including the name of the depository and a copy of the deposit arrangement. EXHIBIT G Proposed initial tariff setting forth rates, rules and regulations applicable to the contemplated service. EXHIBIT H Such other facts, not set forth in preceding exhibits, as in the opinion of the applicant may be pertinent in support of the application. WHEREFORE, THE UNDERSIGNED APPLICANT REQUESTS THAT THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION, ENTER AN ORDER GRANTING THE APPLICATION, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 450, LAWS OF 1985. DATED AT . . . . . THIS . . . . . DAY OF . . . . ., 19 . . . (Applicant) By Title STATE OF WASHINGTON } } ss. County of } . . . . ., being first duly sworn, deposes and says that . . . . . is (Title) of (name of applicant) , the applicant in the proceeding entitled above, that . . . . . has read the foregoing application and knows the contents thereof; that the same are true of . . . . . knowledge, except as to matters which are therein stated on information or belief, and as to those matters . . . . . believes them to be true. Subscribed and sworn to before this . . . . . day of . . . ., 19 . . . Notary Public in and for the state of Washington, residing at . . . . . [Statutory Authority: RCW 80.01.040. 85-20-002 (Order R-237, Cause No. U-85-43), º 480-121-050, filed 9/19/85.] WAC 480-121-xx3 Cancellations. (1) A request to cancel registration as a registered telecommunications company must be submitted in writing to the commission. (2) Registered telecommunications companies collecting prepayments must comply with WAC 480-120-058 (10). WAC 480-121-xx4 Revocation of Registration. (1) The commission may revoke a registration, after hearing for good cause. Good cause includes, but is not limited to, failure to: (a) File an annual report or pay regulatory fees; (b) Comply with the requirements of WAC 480-120-058; (c) Provide adequate service; (d) Maintain correct contact information, including current address and telephone number; or (e) Comply with all federal, state and local telecommunications and business regulations. WAC 480-121-xx5 Petition for competitive classification. (1) The petition for competitive classification must state an effective date no sooner than thirty days from the filing date. (2) The applicant must provide notice in the same manner as provided in WAC 480-80-120.