Tenn. Comp. R. & Regs. 1220-04-02-.57 Rules and Regulations For Resellers of Telecommunication Service

• Library: Tennessee Administrative Code
• Edition: 2023
• Currency: Current through December 25, 2023
• Citation: Tenn. Comp. R. & Regs. 1220-04-02-.57
• Year: 2023

(1) Definitions:

(a) "Access code" means a sequence of numbers that, when dialed, connect the caller to the provider of operator services associated with that sequence.

(b) "Aggregator" means any person that, in the ordinary course of its operations makes telephones available to the public or to transient users of its premises for intrastate telephone calls using a provider of operator services.

(c) "Call Splashing" means the transfer of a telephone call from one provider of operator services to another such provider in such a manner that the subsequent provider is unable or unwilling to determine the location of the origination of the call.

(d) "Consumer" means a person initiating any intrastate telephone call using operator service.

(e) "Equal access" has the meaning given that term in Appendix B of the Modification of Final Judgment entered by the United States District Court in United States v. Western Electric, 569 F. Supp. 990 (D.C.D.C.; 1983).

(f) "Reseller" is a common carrier of telephone services other than a facilities-based carrier The term reseller includes, but is not limited to, operator service providers.

(2) Resellers shall not provide intrastate telecommunications services in Tennessee without a certificate of convenience and necessity awarded by the Authority pursuant to state law and these rules. In determining whether or not to award a certificate, the Authority shall consider whether granting the certificate will service the present or future public convenience and necessity. The Authority may also consider the applicant's financial ability, character, and proposed rates, as well as such other matters as the Authority finds relevant.

(3) Local exchange carriers (LECs) shall provide intrastate access or intrastate billing and collection only to resellers that have been granted a certificate by the Authority.

(4) All resellers providing intrastate service at the time the rule becomes effective shall have ninety (90) days to submit an application for a certificate of convenience and necessity. Resellers providing intrastate service on the date this rule becomes effective shall not be required to discontinue service pending the outcome of their applications.

(5) APPLICATIONS FOR AUTHORITY. An application for a certificate of convenience and necessity, submitted by a reseller shall include the following information which must be certified as true and correct:

(a) the name of the reseller, the address of the reseller's corporate headquarters, and the names and addresses of the reseller's principal corporate officers;

(b) if different than above, the name and address of all officers and corporate officers located in Tennessee and the name(s) and address(es) of employee(s) responsible for Tennessee operations;

(c) a certified statement from a principal corporate officer that the reseller is operating in compliance...