Model Application

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Maryland Telecommunications Staff
APPLICATION FOR OPERATING AUTHORITY

 

Company Name: ____________________________________________________________________

 

 

 

 

 

Instructions:

Column 1: Company to provided the indicated information or reference any exhibits or attachments where the information is found.

Columns 2 and 3: Reserved for Commission Use.

 

1

2

3

OPERATING AUTHORITY PROVISIONS

 

OK or Mail Log No.

1. Petition for Operating Authority: Companies that provide Telecommunications services (2-way transmission, voice, data, or video), operate a network (or lease pieces) and hold their services out to the general public (or other carriers), must receive authority to operate in the State. The Applicant must submit a completed original and 14 copies and diskette of this application to Donald Eveleth, Acting Executive Secretary, Maryland Public Service Commission, 6 St. Paul Street, Baltimore, MD 21202. The application will be assigned a File Number (TE-XXXX) and be given to a Staff analyst for review. The File Number must be used in all further correspondence regarding the application. The Commission will not consider a CLEC interconnection or resale agreement until an application is approved.

2. Certified Responses to Maryland Application: Please check all that are applicable:

 

 

 

2.A

Type of authority requested

     
 

i.

Resold local exchange

     
 

ii.

Facility-based local exchange

     
 

iii.

Resold inter-exchange

     
 

iv.

Facility-based inter-exchange

     
 

v.

Operator services

     
 

vi.

Pre-paid Local

     

2.B

List the other states where the Company is authorized.

     

2.C

Indicate whether the Company has ever had any investigations by State or Federal regulatory authorities, or any bankruptcy. If so, include explanation and final order.

     

2.D

List any underlying carriers.

     

2.E

Provide a brief description of marketing practices and anti-slamming measures.

     

3. Assessments & Taxation: The PSC application must include a copy of the Foreign Corporation qualification certificate from the Department of Assessment and Taxation. This certificate includes the Company identification number. The name on the certificate must match the applicant name. The certificate, not the application for the certificate, is required. Non-Maryland companies must register with the Department of Assessments and Taxation. Their web address is www.dat.state.md.us.

INDICATE WHAT ATTACHMENT OR EXHIBIT CONTAINS THE CERTIFICATE

   

4. PSC Assessments: The Company acknowledges that if authorized, it will be assessed a PSC assessment fee. The Company will receive a revenue request and an assessment invoice from the PSC at the appropriate time.

     

5. Maryland Relay Service and 9-1-1 Fees: The Company acknowledges that if the Company is granted authority to provide local exchange service, it will contact the Maryland Relay System for instructions on collecting the fee for relay service (www.mdrelay.org) or phone 1-800-552-7724). Information on 9-1-1 fees may be obtained at www.dpscs.state.md.us/ensb or phone 410-585-3015.

     

6. Annual Reports: The Company acknowledges that if authorized, it will file Annual Reports, as required by the Commission. The Company may complete the form with data from the Company's last fiscal year.

     

7. Articles of Incorporation: The name on the Articles of Incorporation and Amendments must match the applicant name. If the name on the original document does not match, an Amendment referring to the name change must be included. 20.07.04.03A.

INDICATE WHAT ATTACHMENT OR EXHIBIT CONTAINS THE ARTICLES AND ANY AMENDMENTS

   

8. Description of Proposed Services: Describe the proposed customers, services and technologies (e.g., residential, business, ISPs, inmate, prepaid local, toll, data, Internet access, xDSL, self-healing fiber ring, IP network, etc). Data CLECs shall indicate whether ancillary services associated with voice (e.g., directory assistance) are to be provided, however, the Commission has not waived ILP or 911 requirements, as Voice Over Internet Protocol is feasible on data lines.

     

9. Statement of Public Interest: The Company must describe why the services it proposes to provide are in the public interest.

     

10. Designated Contacts: Provide information regarding the name, address, telephone number and email address of the Company contacts and counsel. Company contacts must include the person(s) responsible for tariffs, annual reporting, and consumer complaints.

     

11. Technical and Managerial Information: Provide information that demonstrates the technical and managerial qualifications of the applicant (i.e., brief resumes of the officers or managers of the company.)

INDICATE WHAT ATTACHMENT OR EXHIBIT CONTAINS THE TECHNICAL AND MANAGERIAL INFORMATION

 

 

 

 

 

12. Financial Information:

     

12.A

Financial information is required. COMAR 20.07.04.01 Provide a balance sheet and income statement for the most recent 12-month period or the applicant's most current fiscal year. If the parent company or owner(s) guarantees the operations of the applicant, then the financials of the parent company or owner(s) must be filed. The Company cannot rely on the statements of a predecessor company.

INDICATE WHAT ATTACHMENT OR EXHIBIT CONTAINS THE FINANCIAL INFORMATION

   

12.B

If a company has not been in business long enough to have a 12-month statement, it must file year-to-date information. If the Company has not been in operation at all, there may be some zeros on the financial statement.

INDICATE WHAT ATTACHMENT OR EXHIBIT CONTAINS THE FINANCIAL INFORMATION

   

12.C

The Commission will evaluate the Company's financials and determine whether a Letter of Guarantee is required. A parent company or individual owner, may provide a Letter of Guarantee signed and notarized by an officer or the individual. The letter must state that the company or individual "guarantees" or "shall guarantee" the operations of XYZ Company in Maryland. Conditional wording such as "intends to guarantee" is unacceptable. The guarantee must be unqualified and unconditional. The party providing the guarantee must demonstrate its financial condition by providing financial statements (company) or personal statement of net worth (individual). If the company is a corporation, the guarantee must be signed by an officer of the Company and notarized. The guarantor may petition the Commission to be released from the guarantee at a future date when the applicant is financially stable.

12.D

The financials must be done in accordance with GAAP (not "cash basis"). Indicate below that financial information includes:

 

i.

Revenues

 

ii.

Net Income (Loss)

 

iii.

Total Assets

 

iv.

Current Assets

 

v.

Total Liabilities

 

vi.

Current Liabilities

 

vii.

Retained Earnings

 

viii.

Net Worth or Stockholder's Equity

 

 

 

 

 

13. Waivers: Waivers are routinely granted in connection with Maryland regulations. (COMAR 20.45 is available electronically. Email: kathleen.debolt@maryland.gov)

The following COMAR provision (13.A) may be waived, but only if specifically requested by the Applicant.

Please note that requesting a waiver of COMAR 20.45.02.01 (13.A) is only necessary for those companies applying for only resold interexchange authority.

13.A

20.45.02.01 (Utility's records must be kept in Maryland) Waiver may be granted on a case-by-case basis if company requests waiver and Company is located outside of Maryland.

(This waiver is automatically granted for providers of local exchange and/or facilities-based interexchange)

The waiver to keep customer deposits in a Maryland bank (13.B) is no longer offered. Each applicant may affirmatively state they do not collect customer deposits and use the simplified language in the model tariff. If a customer does collect customer deposits the deposits must be kept in a Maryland bank.

13.B

If the company does not collect customer deposits, it must affirmatively state that customer deposits will not be collected as provided by the model tariff.

If the company does collect customer deposits, the Commission requires that deposits be kept in a Maryland bank. I

The following table lists the waivers automatically granted in accordance with the Commissions Notice to Carriers dated October 1, 2001. The waivers are granted depending upon the types or types of authority requested, i.e.: Local (L) or Inter-exchange (I) Service provisioned by either Facilities-based (F) or Resale (R) providers.

Authority

Waiver Groups

1.

I-F

A

2.

I-R

B

3.

L-F

C

4.

L-R

C

5.

I-F, I-R

A

6.

L-F, L-R

C

7.

I-F, L-R

A, C

8.

I-R, L-F

B, C

9.

I-F, L-F

A, C

10.

I-R, L-R

B, C

11.

I-R, L-F, L-R

B, C

12.

I-F, L-F, L-R

A, C

13.

I-F, I-R, L-R

A, C

14.

I-F, I-R, L-F

A, C

15.

I-F, I-R, L-F, L-R

A, C

Waiver Group A

 

Interexchange Facilities-Based

 

(Interexchange carriers, Long-distance carriers)

These waivers will be automatically granted to Facilities-based interexchange service companies without a request. Order No. 66765, MCI Telecommunications, 75 MD PSC 331 (1984).

20.45.02.01
20.45.02.03B, .03H
20.45.02.04A,.04B
20.45.04.02A
20.45.04.08A,.08C,.08D,.08E
20.45.04.09A,.09B,.09C (insofar as this provision applies to LEC service),.09D
20.45.04.10
20.45.04.11
20.45.04.12
20.45.05.01A,.01B
20.45.05.02B,.02C
20.45.05.03B,.03E, .03F
20.45.05.04
20.45.05.05
20.45.05.06
20.45.05.07B,.07C,.07D,.07F
20.45.05.08B,.08C,.08D,.08E,.08F
20.45.05.09C,.09E,.09H,.09I
20.45.05.11
20.45.06.01
20.45.06.02
20.45.06.03
20.45.07.01
20.45.07.02A,.02B
20.45.07.03

Waiver Group B

 

Interexchange
Resale Only

B. These waivers will be automatically granted to interexchange service resale companies without a request. Order No. 66319 (1983) In the Matter of the Commission's Policy on Resale of Telephone Service.

20.45.02.03B, .03E, .03G, .03H
20.45.02.04A,.04B
20.45.04.08A,.08C,.08D,.08E, .08F
20.45.04.09A,.09B,.09C (insofar as this provision applies to LEC service),.09D
20.45.04.10
20.45.04.11
20.45.04.12
20.45.05.01A,.01B,.01C
20.45.05.02B,.02C
20.45.05.03B,.03C,.03D,.03E, .03F
20.45.05.04
20.45.05.05
20.45.05.06
20.45.05.07B,.07C,.07D,.07F
20.45.05.08B,.08C,.08D,.08E,.08F
20.45.05.09C,.09E,.09H,.09I
20.45.05.11
20.45.06.01
20.45.06.02
20.45.06.03
20.45.07.01
20.45.07.02A,.02B
20.45.07.03
20.07.04.03 (in part)

Waiver Group C

Local Exchange

Facilities-Based and/or Resold

(CLECs, Competitive Local Exchange Carriers)

These waivers will be automatically granted to Local Exchange companies without a request. Order No. 71155, MFS, 85 MD PSC 38, 50-51 (1994). Also see, Order No. 72432, AT&T, 87 MD PSC 19, 21 (1996).

20.45.02.01 (Utility's records must be kept in Maryland)

20.45.02.03B filing of exchange maps with Commission may be waived if exchange boundaries are identical to Verizon-MD's. The Company must reference Verizon-MD's exchange maps and lists the exchanges in which it provides services (in its tariff). If exchange boundaries are not identical with Verizon-MD's then maps must be filed with the Commission.

20.45.02.03C can be waived in part, but abbreviated construction reports must still be filed.

20.45.02.03E (Improved Measurement Reports)

20.45.02.04 (General Reporting Procedures)

20.45.04.03B maps available at business office for quoting rates to the public may be waived if exchange boundaries are identical to Verizon-MD's. If exchange boundaries are not identical with Verizon-MD's then maps must be available at any business office maintained in Maryland.

20.45.04.11 (publish "white pages" directory)

20.45.05.01B (provision of coin telephone service)

 

 

 

 

14. Amending Operating Authority: When a carrier desires to amend its operating authority (i.e., a long distance reseller may wish to become a facilities-based interexchange carrier), the carrier must submit a new application as if it was not certified at all.

15. Prepaid Local Service: Prepaid local service providers are required to obtain an insurance (surety) bond for $5,000 with a one-year term. Proof of the bond is required at the time the application is filed. A form for proof of the bond is available from kathleen.debolt@maryland.gov

16. Reinstatement: If a Company lost its operating authority and seeks to regain it, the Company may file with the Commission a letter seeking reinstatement, must claim that the Company's qualifications have not changed substantially, attach proof of good standing from the Maryland Department of Assessments and Taxation, and file an initial tariff.

17. Shared Tenant Service: Authorization and tariffs are needed for CLECs selling to building owners, not for the individual building owner who sells to tenants. STS providers must provide certain information to the Commission within 30 days. STS providers must permit customers to use other carriers. See, Case No. 7990, Order 67892 (1987).

 
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