1. (a) Request for unallocated area or areas.

   1. (1)

      1. (A) An LEC may request that the Arkansas Public Service Commission allocate a geographic area or areas not previously allocated to that utility.
      2. (B) The application may be in the form of a letter stating that the filing is in accordance with subsection (a) of this section.
      3. (C) The application shall state that it is to provide service to territory not previously allocated to that utility.

   2. (2) The application shall include the following:

      1. (A) A map or maps to suitable scale and a legal description:

2. (i) Showing the geographic area proposed to be served; and

   1. (ii) Depicting the change in territory and exchange boundary or boundaries affected by the change; and

      1. (B)

         1. (i) A letter or letters from other telephone utilities whose allocated service territories are adjacent to the proposed new service area indicating whether the adjacent utilities desire to serve that area.
         2. (ii) In the event more than one (1) utility files an application to serve the same unallocated territory, the Arkansas Public Service Commission may award part or all of the territory to one (1) or more utilities as may be in the public interest after notice and hearing.
         3. (iii) If an unallocated territory is totally surrounded by the applicant’s allocated territory or does not border another utility’s territory, the application shall state this and that the letter required by this subpart is not applicable.
   2. (3) The secretary shall assign an "A" docket number to the application.

3. (b) Long distance telephone service.

   1. (1) When application is made to provide long distance telephone service to or between geographic areas, such application shall include:

      1. (A) The information required in subsection (a) of this section to the degree pertinent; and

      2. (B) A schematic map of:

         1. (i) The proposed long distance route; and
         2. (ii) Its point or points of connection with other telephone utilities.

   2. (2) This subsection shall apply to nonelecting ILECs only.

      1. (c) Exchanges of allocated territory.

   3. (1)

      1. (A) Two (2) or more LECs may request that the Arkansas Public Service Commission exchange service territory previously allocated to them.
      2. (B) The application may be in the form of a letter stating that the filing is in accordance with this subsection.
      3. (C) The application shall state that the filing is an application for exchange or release of allocated territory.

   4. (2) The application shall include the following:

      1. (A) A map or maps to suitable scale and a legal description:

         1. (i) Showing the geographic area proposed to be served; and
         2. (ii) Depicting the change in territory and exchange boundary or boundaries affected by the change; and
      2. (B) Written evidence indicating the other LEC’s or LECs’ agreement to exchange of allocated territory.

   5. (3) The secretary shall assign an "A" docket number to the application.

      1. (d) Changes to base rate areas.

   6. (1)

      1. (A) An LEC may apply to alter an existing base rate area.
      2. (B) An application under this subsection shall state the reasons for the application.

      3. (C)

         1. (i) The application may be in the form of a letter to the Arkansas Public Service Commission.
         2. (ii) The letter shall state that the filing is an application to change one (1) or more base rate areas pursuant to this subsection.

   7. (2) Applications under this subsection shall contain a map to suitable scale:

      1. (A) Indicating the proposed change or changes; and
      2. (B) Depicting the change in base rate boundary or boundaries affected by the change.
   8. (3) The secretary shall assign a "TF" docket number to the application.

4. (e) Changes to local exchange boundaries.

   1. (1) An LEC may apply to alter existing local exchange areas by changing the boundaries between two (2) or more of the LECs’ exchanges.

   2. (2)

      1. (A) An application under this subsection shall be in the form of a letter:

         1. (i) Stating the purpose of the modifications; and
         2. (ii) Explaining in detail any changes in rates or in the calling scopes of existing customers.
      2. (B) The letter shall state that the filing is an application to change two (2) or more exchange areas pursuant to this subsection.

   3. (3) The application shall include:

      1. (A) The letter;
      2. (B) The proposed final version of a tariff map and legal description for each exchange;
      3. (C) Each currently approved tariff map with proposed changes marked in red; and
      4. (D) Each currently approved legal description with changes highlighted.
   4. (4) The secretary shall assign an "A" docket number to the application.

5. (f) Certificates of public convenience and necessity — Competing local exchange carriers. An application for a CCN by a CLEC to provide telecommunications services including basic local exchange service and/or switched access service to an ILEC’s local exchange area shall include:

   1. (1) Its name and address and:

      1. (A) The full name of its owner if a sole proprietorship and of each partner if a partnership; or
      2. (B) A full list of the officers and directors if a corporation;

   2. (2)

      1. (A) A copy of the articles of a partnership or a certified copy of the:

         1. (i) Articles of incorporation; or
         2. (ii) Other articles of organization; and
      2. (B) A copy of the certificate of authority of a foreign corporation unless incorporated under Arkansas law;

   3. (3) The designated geographic area proposed to be served, including a:

      1. (A) Map or maps to suitable scale; and
      2. (B) A legal description;
   4. (4) A description of the services the applicant intends to provide in addition to basic local exchange and switched access services;
   5. (5) Information demonstrating the applicant’s financial, managerial, and technical capacity to provide the services;
   6. (6) An initial tariff or price list for the services to be offered; and
   7. (7) Such other information as the Arkansas Public Service Commission may require.

Codification Notes: This section was promulgated as Rule 6.09 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules. "CCN" means a certificate of public convenience and necessity.