Subject 515-6-1 TELEPHONE COMPANIES' CERTIFICATES
Terms used in these rules have the following meaning:
|(a)||"Applicant"--Any person who requests the issuance of a certificate to construct, acquire, or operate any telephone line, plant or system, or extension thereof pursuant to the provisions of the Act approved February 17, 1950, Georgia Laws 1950, p. 311.|
|(b)||"Certificate"--Certificate of Public Convenience and Necessity issued by the Commission to telephone utilities as provided by said Act.|
|(c)||"Commission"--Georgia Public Service Commission.|
|(d)||"Exchange Area"--The corporate limits of the municipality or the local community area in which reasonably adequate local exchange telephone service is, or is proposed to be furnished, together with such rural areas contiguous thereto as are served, or as are proposed to be served with reasonably adequate local exchange service from the exchange in question.|
|(e)||"Facilities"--All property, means and instrumentalities owned, operated, leased, licensed, used, furnished, or supplied for, by or in connection with the rendition of telephone service to the public.|
|(f)||"Line"--One or more telephone circuits used in the transmission of voice communication between any two points including physical or phantom circuits, carrier, radiorelay or coaxial channels, and including aerial wire and aerial, underground, buried or submarine cable circuits, irrespective of whether such circuits are used for toll or exchange telephone service.|
|(g)||"Person"--Any corporation, company, person, partnership, firm, association or any cooperative nonprofit membership corporation or limited dividend or mutual association now or hereafter created.|
|(h)||"Plant"--Property which is necessary to provide service to the public as set forth in the various fixed capital accounts of the Uniform System of Accounts for telephone companies.|
|(i)||"Service"--The act or means of supplying voice communication to the public by telephone.|
|(j)||"System"--The coordinated facilities, including central office equipment, outside plant and subscriber instrumentalities, used to provide telephone service to the public.|
|(k)||"Toll Line"--For the purpose of distinguishing between certificates for exchange areas and for toll lines, a toll line is a "line" as herein defined used in the transmission of voice communication between any two or more exchanges, as distinguished from interoffice trunks between individual central offices within a single exchange area.|
|(l)||"Utility"--Any person as herein defined engaged in supplying telephone service to the public in Georgia.|
No person shall construct or operate any line, plant or system, or any extension thereof, or acquire ownership or control thereof, either directly or indirectly, without first obtaining from the Commission a certificate that the present or future public convenience and necessity require, or will require, such construction, operation or acquisition. Any person engaged in the construction or operation of any line, plant, or system, or any extension thereof as of February 17, 1950, shall be entitled to receive such a certificate for the territory being served by such person on February 17, 1950, upon proper proof that such applicant is providing reasonably adequate service, if application therefor is made prior to February 17, 1951.
All applications for a Certificate of Public Convenience and Necessity must be in writing on the application form prescribed and furnished by the Commission. This form must be filled out completely and verified by the applicant. If the applicant is a corporation or association, any officer or director thereof may verify the application. The application shall be filed in duplicate, the original of which is verified, and where other parties interested in the subject matter of the application are named therein, there shall be filed one additional copy for each such named party, together with such other additional copies as may be required by the Commission. Upon receipt of the application the Commission will designate a time and place of hearing and cause notice thereof to be given by mail or personal service to the chief executive office of the municipality or municipalities affected, if any, and shall publish such notice at the applicant's expense, once a week for three consecutive weeks in some newspaper of general circulation in each territory affected. The Commission, in its discretion, may waive notice and hearing of applications for certificates covering territory served on February 17, 1950.
If the applicant is a corporation, a certified copy of its articles of incorporation and amendments thereto shall be annexed to the application unless otherwise on file with the Commission.
Certificates will be issued by the Commission in three forms, viz: "Exchange Areas", "Subscriber Line", and "Toll Line", and a separate application must be filed for each type of certificate. An "Exchange Area" certificate authorizes the operation or construction of an integrated exchange telephone system, including all rural lines served therefrom. "Subscriber Line" certificates are issued to authorize the operation or construction of exchange lines providing local service which are not owned by the operator of the exchange facilities from which service is, or is proposed to be furnished. "Toll Line" certificates are required for authorization to operate or construct any long distance toll circuit or circuits within the State of Georgia as provided under (d) of 515-6-1-.16 and (e) of 515-6-1-.17.
Subscribers who own lines may file application for a certificate for the lines which they own. Certificates requested by telephone utilities shall not include subscriber-owned lines unless the utility obtains title to such lines and renders service therefrom at rates applicable to rural service rendered from company-owned lines.
A separate application shall be filed for each exchange area for which a certificate is desired, and except as follows, a certified copy of any franchise held for that exchange area shall be attached to the application. If no franchise is held, this fact must be stated. The Commission will not require the filing of a franchise for territory served on February 17, 1950.
Applications for a certificate covering exchange area facilities in service and extent of service provided as of February 17, 1950, shall contain a description of the area, territory or location which applicant serves, and a county map or county maps as prepared by the Division of Highway Planning, State Department of Transportation, shall be annexed to the application on which is clearly shown the area, lines or territory for which a certificate is requested. All rural telephone lines extending beyond the corporate limits of the community, or beyond the base rate area, shall be accurately shown on this map, indicating location of the lines and their termination. Maps shall be prepared as set forth in "Instructions for Preparing Maps" using symbols as shown therein.
Applications for a certificate covering facilities in service and extent of service provided as of February 17, 1950, shall not include proposed construction or extension of plant to serve an enlargement of the service area. Such new territory applications shall be filed separately.
Applications for a certificate covering new facilities proposed to be constructed to serve new or additional areas shall give a full description of the proposed location, route, or routes of the new construction, extension or area, including a description of the manner in which same will be constructed and the extent of new territory to be served, as well as the estimated cost of the facilities, the approximate number of new subscribers to be served, the anticipated annual revenue and the means or method by which the construction will be financed. Tentative certificates will be issued in connection with new territory until service is established at which time the certificate will be made permanent. There shall be annexed to each application for a certificate for new lines or territory, a Department of Transportation county map on which is shown the area, lines or territory for which a certificate is requested, and all new facilities shall be accurately shown thereon. In the event the new area to be served is adjacent to an area already certificated and is only a line extension and not a new exchange area, the application shall be for an amendment to the certificate held and the map shall show the adjacent areas certificated, as well as the new additional area.
It is necessary that uniform county maps be used to delineate lines, areas or territory for which a certificate is requested. The Commission will supply, on request, Department of Transportation county maps to be used in connection with applications and no other maps will be accepted. Maps must be prepared in accordance with instructions issued by the Commission.
In event it is discovered that a certificate was erroneously issued because of false, erroneous, misleading, or ambiguous information, the Commission will withdraw the certificate and may issue a corrected certificate to supersede the certificate previously issued.
Certificates will be issued defining certificated areas, and no further authority to construct, extend or enlarge telephone facilities within said certificated areas need be obtained from the Commission by the certificate holder, but certificates may be amended by proper application to extend or enlarge a certificated area. Any other person, however, shall not, under penalty provided by law, construct, operate, acquire or own any telephone facilities, lines, plant or system within an area certificated to another without authority from the Commission.
All certificates shall be non-transferable. If a telephone line or system is to be sold, transferred, or leased to another person, said person shall apply to the Commission for a certificate and upon the issue of a certificate to the new owner, operator or lessee, the former certificate issued for the same territory, area, line or system shall be surrendered to the Commission for cancellation. This shall not apply in cases of lease or transfer of ownership of individual or group of circuits between American Telephone and Telegraph Company and Southern Bell Telephone and Telegraph Company on a toll line or route for which a certificate is held by either company.
Certificates will be issued by the Commission without charge and no utility shall capitalize on its books any value or amount for such certificates, and in rate proceedings the Commission will not allow any value in the rate base representing an alleged certificate value. However, reasonable expenses incurred by a utility may be charged to operating expenses.
A certificate must be secured from the Commission for:
|(a)||Each exchange area served or proposed to be served by any person, including any rural area contiguous thereto and served therefrom.|
|(b)||The construction, acquisition, leasing or operating of any telephone line, plant or system, or extension thereof, except construction of lines, or extensions within areas for which a certificate is held.|
|(c)||The acquisition of ownership or control either directly or indirectly of any telephone line, plant or system, irrespective of whether or not the system in question has theretofore been certificated to another person.|
|(d)||Toll routes or lines, but not for additional circuits, or rearrangement of existing circuits on a toll line for which a certificate is held.|
A certificate is not required for:
|(a)||An extension within any exchange area for which area a certificate is held which does not extend beyond the boundary of such area.|
|(b)||An extension within or to territory necessary in the ordinary course of business and when a certificate is held for such territory.|
|(c)||Substitute facilities within or to any municipality or territory for which a certificate is held.|
|(d)||Extension into territory contiguous to that served on February 17, 1950, providing a certificate for such contiguous territory is not held or applied for by another person; and for the purpose of this rule "contiguous territory" is defined as the area embraced within a distance of one mile in any direction from outlying exchange lines in service on February 17, 1950.|
|(e)||The installation, acquisition, leasing, or construction of additional circuits or rearrangement of existing circuits on a toll line for which a certificate is held.|
The applicant for a certificate to serve a rural area shall select an area which in his judgment can and should be developed as a unit. When a certificate is held for any area, it is the responsibility of the certificate holder to provide service within that area.
When application is made to serve new rural areas or to serve a new exchange area and rural areas, the area defined by map annexed to the application for a certificate shall encompass the proposed lines and a distance of one mile in any direction therefrom unless, in the discretion of the Commission, the defined area should be otherwise delineated. However, the requested area shall not encroach upon an area already certificated to another person.