2704.1 Any telecommunications service provider (“TSP”) certificated by the Commission that proposes to abandon the CLEC certification or certificate of convenience and public necessity in the District shall file an abandonment of certification application with the Commission no later than ninety (90) days prior to the proposed date of the abandonment of certification or certificate. The application shall contain, in the following order and specifically identify the following information:

1. (a) The applicant’s name, address, telephone number, fax number, the name under which the applicant is providing service in the District of Columbia, the date and order number of the Commission order that authorized the applicant to provide telecommunications services in the District of Columbia, if applicable, and the proposed abandonment date;
2. (b) A complete explanation of the reasons for the proposed abandonment of certification;
3. (c) A description of the arrangements made for payment of any outstanding taxes, fees, or other amounts owed to the Commission or any other agency of the District of Columbia;
4. (d) A statement as to whether the applicant owns facilities in the District of Columbia, and if so, a plan for the applicant to remove, maintain, or transfer any facilities in the District of Columbia that would otherwise be abandoned; and
5. (e) An affidavit signed by a company officer verifying that all of the information in the application is true and correct.

2704.2 If, at the time of the filing of the abandonment of certification application, the TSP is providing service to customers, the applicant also shall file an abandonment of service application pursuant to 15 DCMR § 2705 and/or 15 DCMR § 2706, as appropriate.

2704.3 The TSP shall serve a copy of its abandonment of certification or certificate application on the Office of the People’s Counsel on the same day that the application is filed with the Commission.

2704.4 The applicant shall return any customer deposits within fifteen (15) days of the abandonment of certification application filing date. Upon full payment of these deposits, the applicant shall notify the Commission that all deposits have been

paid by filing an affidavit explaining how and when these payments were made.

2704.5 Within thirty (30) days after receiving the abandonment of certification application, the Commission shall either approve the application, reject the application, or request supplemental information. If the Commission requests supplemental information, the applicant will be afforded fifteen (15) days to provide the Commission with such supplemental information.

2704.6 The Commission shall approve an abandonment of certification or certificate application if:

(a) The TSP has satisfied outstanding debts owed to the Commission or any agency of the District of Columbia government;

(b) The TSP has developed and implemented a comprehensive plan for returning customer deposits; and

(c) The approval of the abandonment of certification application or certificate would serve the public interest.

2704.7 No TSP shall abandon its certification or certificate absent Commission approval. Upon receiving Commission approval, the applicant shall void any existing interconnection agreements by notifying the Commission and any TSP with which the applicant has signed an interconnection agreement of the abandonment of certification or certificate. Upon receiving Commission approval, the applicant shall also withdraw all existing tariffs on file with the Commission.

SOURCE: Final Rulemaking published at 48 DCR 4664 (May 25, 2001); as amended by Final Rulemaking published at 51 DCR 10001 (October 29, 2004); as amended by Final Rulemaking published at 52 DCR 724 (January 28, 2005); as amended by Final Rulemaking published at 55 DCR 12144 (November 28, 2008); as amended by Final Rulemaking published at 58 DCR 9020, 9022 (October 21, 2011); as amended by Final Rulemaking published at 66 DCR 6383 (May 24, 2019).