Internet Draft September 16. 2002
Expires 3-15-2003
draft-robinson-clec-application-00.txt
Application of Paul Robinson for CLEC permit
Paul Robinson
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ABSTRACT
This document shows an application to obtain a permit to
operate a telephone company. This was included as an
internet-draft because of the common use of telephone
connections for dial-up internet service and thus may be
of interest to the Internet community. The actual tariff
schedules as filed as part of this application
will be included as a later internet-draft.
APPLICATION FOR CERTIFICATE OF CONVENIENCE AND NECESSITY
AS A COMPETITIVE LOCAL EXCHANGE COMPANY
BEFORE THE VIRGINIA CORPORATION COMMISSION
("CLEC App")
Name, Address and Telephone number of Applicant:
Paul Robinson <postmaster@paul.washington.dc.us>
4300 S 35th Street
Arlington, VA 22206-1834
703-931-1147
List of principals of the Applicant:
Paul Robinson
"An individual, a computer programmer and a Notary
Public in and for the Commonwealth of Virginia"
Name, address and telephone numbers of legal counsel of
Applicant:
Paul Robinson, in propria persona
4300 S 35th Street
Arlington, VA 22206-1834
703-931-1147
Approximate Date of Filing: September 16, 2002
Page Status: This is page 1. All pages of this document
are Original Issue unless stated otherwise.
Check Sheet: Not negotiable, no cash value. Pages 1
through 23, original issue.
Copy Number: An original and 15 copies of this document
have been filed.
CLEC App of Paul Robinson September 16, 2002 Page 2 of 23
Table of Contents
APPLICATION FOR CERTIFICATE OF CONVENIENCE AND NECESSITY . 1
Name, Address and Telephone number of Applicant: ..... 1
List of principals of the Applicant: ................. 1
Name, address and telephone numbers of legal counsel
of Applicant: .................................. 1
Approximate Date of Filing ........................... 1
Page Status ......................................... 1
Check Sheet ......................................... 1
Copy Number ......................................... 1
Table of Contents ......................................... 2
Specification of requirements ............................. 5
Section (B) requirements ............................. 5
1. An original and 15 copies of an .............. 5
2. Notice of the application shall be given ..... 5
3. The application shall identify the ........... 5
4. Each incorporated applicant shall ........... 6
5. Applicants shall be required to show ......... 6
a. As a minimum requirement, a showing of
financial ability ..................... 6
b. To demonstrate managerial experience ... 6
c. The applicant shall demonstrate its ..... 7
6. Each application for a certificate to ........ 8
7. The applicant shall file maps ............... 8
8. Each application shall include the applicant's
proposed form of regulation ............... 9
Section (C) requirements ............................. 9
1. In the public interest evaluation of the ..... 9
a. Access to 911 and E911 services ......... 9
b. White page directory listings ........... 10
c. Access to telephone relay services ..... 10
d. Access to directory assistance ......... 10
e. Access to operator services ............. 10
f. Equal access to interLATA long .......... 11
g. Free blocking of 900- and 700-type ..... 11
h. Interconnection on a .................... 12
2. To the extent economically and technically ... 12
3. The new entrant shall have procedures to ..... 12
4. The new entrant shall comply ................. 13
5. The new entrant shall, at a minimum ......... 13
D. Regulation of new entrants ....................... 13
1. Unless otherwise allowed by the .............. 13
2. The new entrant may petition the ............. 14
3. Unless otherwise allowed by the .............. 14
a. Price decreases shall become ............ 14
b. Price increases below ceiling rates ..... 14
c. Price ceilings shall be ................. 15
CLEC App of Paul Robinson September 16, 2002 Page 3 of 23
d. The commission may permit ............... 15
e. These pricing requirements shall not .... 15
4. Services offered by the new entrant that ..... 15
5. A new entrant may ........................... 16
6. No form of earnings regulation shall be ........... 16
7. No new entrant providing local exchange telephone
service shall abandon ....................... 16
8. Should the commission determine that the form of
regulation ................................. 16
Financial and reporting requirements for new entrants. ... 17
1. All providers of local exchange telephone ......... 17
a. Annual report on the number of access ........ 17
b. Annual price list for all detariffed ...... 17
c. Quarterly statement of units and revenues ... 17
d. Audited financial statement ................. 17
2. Reports and information required by the Division
of Public Service Taxation ...................... 17
3. A new entrant shall be required to remit ......... 17
4. Any expansion or reduction of the geographic
service area ................................... 18
5. Upon request of the commission staff, any
new entrant shall file ..................... 18
6. A new entrant, determined by the commission
to have a monopoly ......................... 18
F. Interconnection. ....................................... 19
1. Interconnection arrangements between
local exchange carriers .................... 19
2. Interconnection arrangements should apply ..... 19
3. Interconnection arrangements shall be made .... 19
4. Local exchange carriers shall provide
nondiscriminatory use ....................... 19
5. Negotiation of interconnection agreements
should be completed ......................... 20
6. No sooner than 45 days from the initial
interconnection request ..................... 20
7. Unbundled functional elements of a local
exchange carrier's network .................. 20
G. Terminating traffic compensation. ................. 20
1. Any compensation arrangement ................. 20
2. The commission may establish ................. 21
3. Local exchange carriers may only deliver ..... 21
4. Any compensation arrangements ................. 21
H. Number portability and number assignment. ......... 21
1. Consumers shall have the ability ............. 21
2. True number portability shall be made ......... 21
CLEC App of Paul Robinson September 16, 2002 Page 4 of 23
3. Interim number portability arrangements shall
be utilized ................................ 21
4. To the extent feasible, the incumbent local
telephone company shall provide ............ 22
I. Universal service ................................. 22
1. The commission may, if necessary, establish ... 22
2. The establishment of a Universal Service Fund . 22
3. The incumbent local exchange companies shall
be designated .............................. 22
J. Commission authority. The commission may, in its
discretion ................................... 22
CLEC App of Paul Robinson September 16, 2002 Page 5 of 23
Specification of requirements
Section (B) requirements
Pursuant to 20VAC5-400-180. Rules governing the offering of
competitive local exchange telephone service, the applicant
supplies the following information for section (B), Certification
requirements. The original text of the requirement will be
repeated, followed by the applicant's response.
1. An original and 15 copies of an application for a certificate
of public convenience and necessity shall be filed with the Clerk
of the State Corporation Commission.
Applicant's Response: Well, I kind of suspect you are reading
it right now. A copy of the application
and tariffs will be enclosed on floppy
disk so additional copies may be made as
desired.
2. Notice of the application shall be given to all local exchange
carriers in the applicant's proposed service territory. Each
applicant shall publish notice in newspapers having general
circulation in the proposed service territory in a form to be
prescribed by the commission.
Applicant's Response: Mail out one page letters or a postcard
to all my about 300 alleged competitors
telling them I'm going to try to run
them into Chapter 11 if I can by doing
better than they can, and maybe by
charging less than they do, or do the
same to myself if I don't, or at least
have a lot of fun trying, and maybe make
a lot of money doing it, or again, at
least have a lot of fun trying and make
a little money. Or have a lot of fun
trying and eat some of the costs.
Gotcha, I'll either do that once I have
their addresses or I'll have done that
before I file this. Put a notice up in
the paper(s) saying I'm doing this using
whatever you tell me I have to say.
Okay, I think I can do that.
3. The application shall identify the applicant including (i) its
name, address, and telephone number; (ii) the name, address, and
telephone number of its corporate parent or parents, if any;
(iii) a list of its officers and directors or, if the applicant
CLEC App of Paul Robinson September 16, 2002 Page 6 of 23
is not a corporation, a list of its principals; (iv) the names,
addresses, and telephone numbers of its legal counsel; and (v)
any other identifying information the commission determines to be
necessary.
Applicant's Response: Been there, done that, see page 1.
4. Each incorporated applicant shall demonstrate that it is
authorized to do business in the Commonwealth of Virginia as a
public service company.
Applicant's Response: Not incorporated, not applicable, so
there.
5. Applicants shall be required to show their financial,
managerial, and technical ability to render local exchange
telephone service.
Applicant's Response: Oh, well that might be a problem but let
me take a swing at it.
a. As a minimum requirement, a showing of financial ability shall
include the applicant's most recent audited financial statements,
most recent stockholders annual report and most recent SEC Form
10-K if the company is publicly traded.
Applicant's Response: I have the strong suspicion those only
apply to corporations so I'm going to
say they are not applicable to me. If
not and I have to say something in
response, what I will say is that as for
being able to pay for the cost of
operating this business, generally I'll
have the customers pay in advance for
anything that's going to cost me much
more than pocket change, especially
anything I have to pay someone else to
provide. I'll have a few dollars on
hand to pay bills between the time I can
charge the customers and my bills come
due plus the inevitable unexpected
costs, not to mention payments I have to
make where someone occasionally stiffs
me on paying. And it will be very
occasionally as I won't be extending
much credit, if any.
b. To demonstrate managerial experience, each applicant shall
attach a brief description of its history of providing
telecommunications or other relevant services, if any; shall list
CLEC App of Paul Robinson September 16, 2002 Page 7 of 23
the geographic areas in which it has and is currently providing
service; and shall list the experience of each principal officer.
Applicant's Response: This sounds sort of like some Catch 22
that is used to keep upstarts like
myself out of this racket, since you
can't have experience providing
communications service if you haven't
done it before, but I think I can take a
shot at it.
This is my first application as a CLEC so I
guess that makes me a virgin as I have no
experience as a CLEC and am not now providing
service anywhere yet. Further, I thought the
whole reason I had to file this paper is that
I'm not allowed to lose my virginity until I
get permission from God. Correction, change
the previous sentence to read, "Further, I
thought the whole reason I had to file this
paper is that I'm not allowed to operate a
CLEC until I have permission from the
Commission."
As for management experience, I was a
telephone operator at a government agency,
working for a government contractor. I was
managing operator which means I had to answer
the phones as well as schedule people because
we ran continuous service, 24 hours a day, 7
days a week, and the contractor supplied
operators were classified as essential
government personnel. That means that we
could even go to work if they declared
Martial Law as we'd have a pass to get by.
It may not be much, but in view of how
important the service I managed provided was,
I would say it fits into the requirements, so
I think I can just squeak by.
c. The applicant shall demonstrate its technical ability by
attaching a description of its experience in providing
telecommunications or other relevant services, if any, or the
applicant may provide other documentation which supports its
technical abilities.
Applicant's Response: I installed the phone lines inside my
house and they work. I've been doing
CLEC App of Paul Robinson September 16, 2002 Page 8 of 23
that since I started taking phones apart
- and putting them back together and
they still were in operating condition -
when I was 8 years old. So, since I'm
over 40, I can claim over 30 years of
experience in repairing, maintaining and
installing telecommunications equipment.
Since before 1995, I have hooked up and
configured modems on mine and other
people's computers and I've been a
telephone operator as I noted above.
I've installed someone else's computer
to a cable modem and configured their
dialing capacity after I got rid of the
piece of garbage Packard Bell computer
they had and replaced it with a decent
Hewlett Packard computer. I also set up
the networking of computers I've
installed (over 80) at the Consumer
Product Safety Commission where I worked
for a contractor. Before that I was a
technical support operator for a
subcontractor to a telephone company's
Internet dial-up service, telling people
over the phone on how to fix their
computers settings from the way
Microsoft misconfigured them (so it
would work with its MSN service, I do
believe) so that they would work with
our service. So that gives me over 5
years of paid and volunteer experience
in providing telecommunications
services. Wow, I hadn't realized how
much I really had done.
6. Each application for a certificate to provide local exchange
service shall include the applicant's initial tariffs, which
shall include rules, regulations, terms, and conditions.
Applicants that desire to have any of their services deregulated
or detariffed shall file such a proposal in accordance with
subsection D of this section.
Applicant's Response: Tariffs will follow as a separate volume
(because there's lots of noise in it).
You want `em, you got `em. Whether you
like `em or not is not really important
since they tell me I have to file new
ones anyway if this application is
approved.
CLEC App of Paul Robinson September 16, 2002 Page 9 of 23
7. The applicant shall file maps or other acceptable documents
with the application for certification in sufficient detail to
designate the actual geographic area or areas to be served. Such
maps should also identify each proposed initial local calling
area of the applicant.
Applicant's Response: See the pages in the tariff schedule
under "Maps."
8. Each application shall include the applicant's proposed form
of regulation for its services if such form of regulation differs
from that set forth in subsection D of this section.
Applicant's Response: I can live with everything in section D,
no biggie, no problem.
Section (C) requirements
Pursuant to 20VAC5-400-180. Rules governing the offering of
competitive local exchange telephone service, the applicant
supplies the following information for section (C), Conditions
for certification. The original text of the requirement will be
repeated, followed by the applicant's response.
1. In the public interest evaluation of the applicant's request
for a certificate to provide local exchange service, the
commission will, at a minimum, require a new entrant, either
directly or through arrangements with others, to provide the
following:
a. Access to 911 and E911 services;
Applicant's Response: Scenario 1: Customer dials 911, I'm
using lines I'm buying at bulk from
someone else and reselling them, I have
no idea what you're doing as I have no
control or concern about it, all I do is
bill you for something more than what he
charges me. He gives you dial tone, you
dial the call, how and where it gets
there, is his problem, not mine.
Scenario 2: Customer dials 911, I'm using my
own lines that I've connected him to. I
(meaning my equipment, I'm not stupid enough
to sit around manually routing calls, I've
got more important things to do) hand off
his call with customer's phone number
("Automatic Number Identification" or "ANI")
to whomever I'm buying the trunk lines that
CLEC App of Paul Robinson September 16, 2002 Page 10 of 23
connect my network to the Public Switched
Telephone Network ("PSTN"). I'll have given
him the customer's name and address as part
of the interconnection because I don't want
the customer suing me because I didn't give
them the address and his house burns down
before the fire department shows up, or he
drops dead with a heart attack and his heirs
sue me because the ambulance couldn't find
him. So anyway, my supplier is handed off
the call, the ANI and has the customer info
to tie into that ANI. He's got the call and
now it's his problem, not mine.
Scenario 3: Customer dials 911, I'm using my
own lines that I've connected him to, and I
can make enough money to be worth the hassle
and expense that would be involved in
providing a direct connection to the Public
Service Access Terminal ("PSAT") of the local
Emergency Operations Center or whatever it is
called, then I do that along with whatever
else they need to identify the caller. Once
I (again, meaning my equipment will) give
them the call and the information, they've
got the call and now it's their problem, not
mine.
b. White page directory listings;
Applicant's Response: Verizon does that for everyone else (I
have my own personal line through
Starpower but it's listed in Verizon's
book), so charge the customer whatever
Verizon charges me, if anything.
c. Access to telephone relay services;
Applicant's Response: Someone else does that, Sprint, I think,
is big on that. But again, see the info
in 911 above. Either I'm just bulk
reselling in which case I don't handle
the calls, and it's the other guy's
problem, not mine, or I just take
whatever number they dial and hand it
off to the trunk lines and the call goes
through the network ("PSTN") and it's
someone else's problem, not mine.
d. Access to directory assistance;
Applicant's Response: See white pages above. If it's not
Verizon it will probably be whomever I
CLEC App of Paul Robinson September 16, 2002 Page 11 of 23
buy my trunk lines from. As I said,
they dial the call, either I'm bulk
reselling and I don't do calls, or I
hand it off to the PSTN and it's someone
else's problem, not mine.
e. Access to operator services;
Applicant's Response: Applicant tediously repeats that
response to this question is more-or-
less identical to that provided in (c)
and (d) above. To the extent necessary
they are incorporated by reference.
f. Equal access to interLATA long distance carriers;
Applicant's Response: Same as in (c) through (e) except that
if I'm handling my own lines and he's
willing to loan me several thousand - or
several hundred thousand - dollars worth
of his equipment to connect his long
distance network to mine, I'll be happy
to do it and maybe he can pay me instead
of my trunk line supplier too, and
possibly pay me less so I still make
money out of the deal and he saves
money. And I wouldn't like it if I had
to use some long distance company at
whatever they wanted to charge just
because the phone company is getting a
kickback or rebate or a commission on
each call, so I'm not going to do it
either. The few cents on each call
isn't worth the hassle and bad vibes
from customers who feel - and rightly so
- that I'm cheating them. I could not
care less what 10-10 junk my customer
wants to dial or which company he wants
to use when he dials 1 plus the number.
g. Free blocking of 900- and 700-type services so long as the
same requirement applies to incumbent local exchange companies;
and
Applicant's Response: Those will go out directly over the PSTN
and if I get charges I pass them on to
the customer. If the customer doesn't
pay I chargeback the supplier as it's
not my problem. If the supplier
CLEC App of Paul Robinson September 16, 2002 Page 12 of 23
complains I'll block the number but I
still won't pay him if the customer is
stiffing him; I'll give him the
customer's name and address (he'll
already have the phone number) and tell
him to settle it between the two of
them. If the customer doesn't want
those type calls to go through I'll
block them too.
This is again only applicable if I'm
providing lines to customers directly, if I'm
bulk reselling it's the supplier's problem
other than I'll specifically tell them the
customer wants the lines blocked, either via
calling it in or using the automated system
for installing lines or whatever. If the
customer wants to call some sex line - or
doesn't - it doesn't make any difference to
me one way or the other, I just pass on the
charges for them to pay or chargeback the
ones the customers don't pay.
If my contract with my supplier makes me
liable for customers 700 and 900 calls
whether or not the customer pays me then
those numbers will be automatically blocked
from the get-go and the customer will not be
able to unblock them unless I trust them a
lot. Nobody spends my money without my
permission.
h. Interconnection on a nondiscriminatory basis with other local
exchange telephone service companies.
Applicant's Response: I'll hook up with anyone who'll let me.
See my comments above in (f) above as
applicable to long distance companies.
If the other guy is willing to leave me
the equipment to pass my customer's
calls to him I'll be happy to do it, I
don't care where the customer is
calling.
2. To the extent economically and technically feasible, the new
entrant should be willing and able to provide service to all
customers in the same service classification in its designated
geographic service area in accordance with its tariff offerings.
Applicant's Response: I have no problem with that. If I am
reselling in bulk, the more customers I
CLEC App of Paul Robinson September 16, 2002 Page 13 of 23
sell the more money I make. If I'm
providing my own lines, I'll rent them
out to anyone if I can get to them and I
have the available capacity. If they're
willing to pay me it's worth the effort
to try.
3. The new entrant shall have procedures to prevent deceptive and
unfair marketing practices.
Applicant's Response: The procedure for that is really simple.
I probably won't advertise. That costs
money and I dislike spending money
unnecessarily. If they want someone who
spends a lot of money on advertising let
them go to MCI (if it's still in
business since its owner Worldcom just
went belly up) or Verizon. If I do
advertise, I'll tell people exactly what
I'm doing and what they can expect from
me. I don't want some guy to think he's
been cheated and either leave (and thus
I lose money) or come punch me in the
nose for lying to him. Besides that,
not only would he get mad, he'll almost
certainly bad mouth me to his friends
and there's more customers I'll never
get to sell to.
4. The new entrant shall comply with applicable commission
service and billing standards or rules.
Applicant's Response: Where it's reselling of bulk service the
service part is the supplier's problem,
not mine; he has the Commission to watch
over him. As far as billing is
concerned, I'm going to send my bills
out right away, I want to be paid. And
I'll make sure they're right because I
don't want to be on the phone all day
with customers complaining about errors
in their bills.
Where the service is provided over my lines,
the standards will be as specified in the
appropriate tariffs or as otherwise required
by law to the extent it is possible to
comply. This will become clear when reading
the tariffs, which you should do the next
time you have severe insomnia and need
CLEC App of Paul Robinson September 16, 2002 Page 14 of 23
instant relief.
5. The new entrant shall, at a minimum, comply with the
applicable intraLATA access requirements of incumbent local
exchange telephone companies as determined in Case No. PUC850035,
Commonwealth of Virginia, ex rel. State Corporation Commission Ex
Parte: Investigation of competition for intraLATA, interexchange
telephone service (20VAC5-400-120).
Applicant's Response: Applicant incorporates response to 1(f),
above, by reference as if it were set
down here in full. Cut, copy, paste.
D. Regulation of new entrants providing local exchange telephone
service.
Applicant's Response: Ooh, that big word `regulation' sounds
scary but I'll take a crack at it.
1. Unless otherwise allowed by the commission, tariffs are
required for all local exchange service offerings except those
that are comparable to "competitive" offerings of the incumbent
telephone company that do not require tariffs. The commission may
convene a hearing to determine the applicable requirements and
classification of any new entrant's local exchange service
offerings.
Applicant's Response: Translation, if Verizon can sell it
without filing a tariff, I can too.
Otherwise I have to file one. Gotcha.
2. The new entrant may petition the commission to consider
deregulation or detariffing treatment for any of its specific
service offerings.
Applicant's Response: Translation, if I want to sell something
without a tariff I can sit on my hind
legs at a commission hearing and beg
like a dog to do so. Okay, if it comes
to that I'll do that.
3. Unless otherwise allowed by the commission, prices for local
exchange services provided by the new entrant shall not exceed
the highest of the comparable tariffed services provided by the
incumbent local exchange telephone company or companies in the
same local serving areas. Tariff changes within this price
ceiling plan shall be implemented as follows:
Applicant's Response: Well, duh, that's kind of obvious,
CLEC App of Paul Robinson September 16, 2002 Page 15 of 23
nobody's going to pay me more than
they'll pay Verizon for the same thing.
Unless I'm doing something so fantastic
Verizon can't touch it. Which probably
ain't that hard to do but chances are I
can still do it for less, I don't have
the overhead they do.
a. Price decreases shall become effective on one-day notice to
the commission.
Applicant's Response: You mean I can't cut prices then tell
people? I guess I can live with that.
b. Price increases below ceiling rates shall become effective
after 30 days notice is provided to the commission, and notice to
customers is provided through billing inserts or publication for
two consecutive weeks as display advertising in newspapers having
general circulation in the areas served by the new entrant.
Applicant's Response: Well, yeah, you're not supposed to bait
and switch people. Too bad you can't
make cable companies follow the same
rules.
c. Price ceilings shall be the highest tariffed rates as of
January 1, 1996, for comparable services of any incumbent local
exchange telephone company or companies serving within the
certificated local service area of the new entrant. Price
ceilings shall be increased as the highest tariffed rate of an
incumbent is raised through applicable regulatory procedures.
Unless otherwise determined by the commission, price decreases
for an incumbent's service, whether initiated by the carrier or
adopted by the commission, shall not require a corresponding
decrease in the price ceilings applicable to the new entrant.
Applicant's Response: See my answer to 3, above, again,
nobody's going to buy something from me
if they can buy it elsewhere for less.
And I don't have to cut my prices just
because Verizon does.
d. The commission may permit pricing structures or rates of a new
entrant's local exchange service(s) that do not conform with the
established price ceilings, unless there is a showing that the
public interest will be harmed.
CLEC App of Paul Robinson September 16, 2002 Page 16 of 23
Applicant's Response: Meaning I can ask to charge more if I
want. Well, as I said before, I think
it would be very difficult to get people
to pay me, someone they don't even know,
more than lil' ol' Verizon.
e. These pricing requirements shall not apply to a new entrant's
services that: (i) are comparable to services classified as
competitive for the incumbent, or (ii) have been provided
regulatory treatment different than that specified by these
rules.
Applicant's Response: Meaning I can charge anything I want to
for detariffed services.
4. Services offered by the new entrant that are not comparable to
services offered by the incumbent and for which the commission
has not provided regulatory treatment different than that
specified by these rules shall be filed with 30-days notice to
the commission. Price decreases for these services shall become
effective on one-day notice to the commission. Price increases
shall become effective after 30-days notice to the commission and
notice to customers in the manner prescribed by subdivision 3 b
of this subsection.
Applicant's Response: If you've never seen it before, you have
to see if it's reasonable for me to
charge whatever I want to gouge people
for it. Oh, excuse me, insert, "charge
a price determined by the commission
based on cost of providing the service
plus reasonable profit" where "gouge"
appears.
5. A new entrant may, pursuant to S56-481.2 of the Code of
Virginia, submit an alternative regulatory plan to that described
in this section for the commission's consideration in the
applicant's certification proceedings or at a later date.
Applicant's Response: Translation, I can pick some other way
of doing this if I want.
6. No form of earnings regulation shall be required for the
regulation of new entrants. However, new entrants shall be
required to file financial and other reports as identified in
subsection E of this section to enable the commission to evaluate
the effectiveness of local exchange telephone competition.
Applicant's Response: I don't have to prove what I'm charging
goes beyond gouging (see definition,
above) but I have to tell you how much
money I do rip the customers off for, or
whether I'm losing my shirt in the
process. Gotcha.
7. No new entrant providing local exchange telephone service
CLEC App of Paul Robinson September 16, 2002 Page 17 of 23
shall abandon or discontinue local exchange service except with
the approval of the commission, and upon such terms and
conditions as the commission may prescribe.
Applicant's Response: Well, if I'm doing bulk reselling all
I'm doing is charging an override; if he
quits then I can buy it from someone
else. If it's a steep increase in costs
then I'll pass them on to the customers
after telling the commission and putting
ads in the papers and waiting 30 days.
If I am providing my own lines it will be
subject to the appropriate requirements as
specified in the Tariffs.
8. Should the commission determine that the form of regulation of
new entrants does not effectively, or is no longer necessary to,
regulate the prices of their services, it may, pursuant to S56-
481.2 of the Code of Virginia, modify the form of regulation.
Applicant's Response: Translation: if the rules for how the
game is played don't work anymore then
you can change them or get rid of them.
Financial and reporting requirements for new entrants.
1. All providers of local exchange telephone service certificated
under this regulation shall be required to file the following
reports with the commission's Division of Economics and Finance:
a. Annual report on the number of access lines by local exchange
area and classified by residential and business lines.
Applicant's Response: So I have to let them know how many
lines I've got running. Since if I'm
charging people for them I have to know
that in order to bill them and get paid,
that shouldn't be a problem.
b. Annual price list for all detariffed competitive local
exchange telephone services provided by the applicant.
Applicant's Response: Show what I charge for what I don't have
to have tariffs for. Ok.
c. Quarterly statement of units and revenues for all competitive
telephone services provided by the applicant.
Applicant's Response: Oh, more paperwork but I can live with
it if I have to.
CLEC App of Paul Robinson September 16, 2002 Page 18 of 23
d. Audited financial statement, stockholders annual report, SEC
Form 10-K and FCC Form M for the parent company and the new
entrant, if available.
Applicant's Response: Not incorporated, not applicable.
2. Reports and information required by the Division of Public
Service Taxation in performing its functions under SS58.1-2600
through 58.1-2690 of the Code of Virginia shall be filed with the
commission's Division of Public Service Taxation.
Applicant's Response: Well, they gotta go somewhere, so it
might as well be there.
3. A new entrant shall be required to remit the
telecommunications relay surcharge amount to the commission
pursuant to the October 5, 1990, order issued in Case No.
PUC900029, Commonwealth of Virginia at the relation of the State
Corporation Commission Ex Parte: In the matter of implementing
dual-party relay service pursuant to Article 5, Chapter 15, Title
56 of the Code of Virginia (20VAC5-400-170). The remittance,
along with any other required information, shall be made to the
commission's Division of Public Service Taxation.
Applicant's Response: I suspect all that long talk refers to
the deaf relay tax or E-911 surcharges.
Whatever, customer pays it (or I do if
it's circuits for my own account) and I
pay it to the DPST.
4. Any expansion or reduction of the geographic service area of a
new entrant that does not involve an expansion of the territory
covered by an existing certificate shall require the filing of
amended maps or other acceptable documentation with the
commission's Division of Communications.
Applicant's Response: If I change where I'm offering service I
have to update the map.
5. Upon request of the commission staff, any new entrant shall
file such other information with respect to any of its services
or practices as may be required of public service companies under
Virginia law.
Applicant's Response: Bend over on request and submit to
proctology exam.
6. A new entrant, determined by the commission to have a monopoly
CLEC App of Paul Robinson September 16, 2002 Page 19 of 23
over any of its services, whether or not those services are
telephone services, shall file annual data to demonstrate that
its revenues from local exchange telephone services cover the
long run incremental costs of such local exchange telephone
services in the aggregate.
Applicant's Response: Translation, we aren't supposed to
subsidize monopoly services as a means
to make it impossible for competitors to
offer something else which competes with
ours by making it impossible for them to
sell it except by eating part of the
cost. If I ever get to be the monopoly
provider of anything it would have to be
because I'm making money hand over fist,
so I doubt that's going to happen. I'd
probably have incorporated the business
long before then and - as is my usual
response - it won't be my problem then .
F. Interconnection.
1. Interconnection arrangements between local exchange carriers
shall make available network features, functions, interface
points, and other service elements on an unbundled basis. The
commission shall, on petition by any party to the proposed
interconnection or on its own motion, determine the
reasonableness of any interconnection request.
Applicant's Response: I can buy what I need to set up phone
services for my customers ala carte, I
don't have to take one service from a
company just because I get something
else from them. And I can come running
and complain if I think they're being
greedy or playing games to keep from
providing service to a potential
competitor, or the commission can do
that too.
2. Interconnection arrangements should apply equally and on a
nondiscriminatory basis to all local exchange carriers.
Applicant's Response: To quote infamous bank robber and poster
child for the police benevolent
association Rodney King, "We all have to
get along." Or something like that.
CLEC App of Paul Robinson September 16, 2002 Page 20 of 23
3. Interconnection arrangements shall be made available pursuant
to a bona fide written request. No refusal or unreasonable delay
by any provider to another carrier will be tolerated.
Applicant's Response: Yeah, right. You would not believe the
number of stunts a company can pull to
create all sorts of delays, none of
which you could put your finger on to
really prove they were "unreasonable."
But I have no reason to pull stunts like
that if someone wants something from me
because I'm going to charge him for it
and the faster I do the faster I get
paid. If he's willing to bother with me
instead of going with one of my much
larger companies who can probably do
more (and probably take longer than I
will, but that's beside the point.)
4. Local exchange carriers shall provide nondiscriminatory use of
pole attachments, conduit space, and rights-of-way.
Applicant's Response: I certainly hope they will for me, but
see (3) above. As I don't own any of
these, they don't apply. Yet. But if I
do, I got no problem as long as the
standard practice for masturbation is
used: do it privately so you don't scare
the public with the appearance of the
equipment, and clean up after themselves
once they are finished playing around.
5. Negotiation of interconnection agreements should be completed
within 90 days of a bona fide request. Interconnection agreements
shall be filed with the commission within 10 days of their
execution. Upon complaint of any affected party or on its own
motion, the commission may initiate a proceeding to determine if
any such agreement is reasonable and nondiscriminatory.
Applicant's Response: Translation, I will try to get it done
while the other side stalls as much as
it can until it can figure out whom to
bribe in order to get away with stalling
further in hopes I'll go away.
6. No sooner than 45 days from the initial interconnection
request, any party to the request may petition the commission for
a hearing in lieu of negotiations or as a result of unsuccessful
negotiations. Upon such petition, the commission shall establish
a proceeding to determine tariffed prices and service
arrangements for interconnection.
CLEC App of Paul Robinson September 16, 2002 Page 21 of 23
Applicant's Response: Translation, same as (5) only the other
side will stall faster.
7. Unbundled functional elements of a local exchange carrier's
network that are made available through interconnection
agreements shall also be made available on an individual tariffed
basis within 60 days of filing unless otherwise ordered by the
commission.
Applicant's Response: I can trade connections with them if I
can get them to agree or I can buy them.
And other people can trade connections
with me or I can sell them to them.
G. Terminating traffic compensation.
1. Any compensation arrangement for the mutual exchange of local
traffic should reflect the reciprocal relationship between local
exchange carriers and the development of local exchange
competition.
Applicant's Response: Meaning the one who uses more of the
other guy's lines should end up paying
more when settlements time comes around.
2. The commission may establish at any time, upon application or
its own motion, appropriate compensation levels for mutual
exchange of local traffic.
Applicant's Response: Anyone can ask to have the rates changed
if they don't like them, or the
commission can too.
3. Local exchange carriers may only deliver local traffic for
termination on another carrier's local network at the
compensation level established in conformance with this
regulation.
Applicant's Response: Kickbacks and overcharging are frowned
upon.
4. Any compensation arrangements for the mutual exchange of local
traffic shall provide for equitable treatment or rates between
the local exchange carriers.
Applicant's Response: Don't cheat each other.
H. Number portability and number assignment.
CLEC App of Paul Robinson September 16, 2002 Page 22 of 23
1. Consumers shall have the ability to retain the same telephone
number if they remain in the same geographic area where the NXX
is normally provided, regardless of their chosen local exchange
carrier.
Applicant's Response: Update the switch software to import and
export phone numbers to and from
competitors.
2. True number portability shall be made available when
technically and economically feasible.
Applicant's Response: Finally, the phone company no longer
owns the customer's phone number.
Hallelujah! It's about time someone
finally did that.
3. Interim number portability arrangements shall be utilized
until true number portability is available.
Applicant's Response: A kluge of call forwarding or other
gimmick is okay until (2) above can be
made to work.
4. To the extent feasible, the incumbent local telephone company
shall provide new entrants with reservations for a reasonably
sufficient block of numbers for their use.
Applicant's Response: To which they will do everything they
can to charge too much for providing
them, if they don't simply delay
"reasonably," just delay reasonably over
and over and over and...
I. Universal service. The goals of universal service and
affordability of basic local exchange telephone service need to
be maintained in a competitive local exchange environment for the
citizens of Virginia. The following requirements shall apply:
1. The commission may, if necessary, establish a Universal
Service Fund and applicable payment mechanism. Any such fund
shall require the participation and support of all local exchange
carriers.
Applicant's Response: Just another tax to charge the customer
and possibly a government subsidy. Pass
the tax on to the customer so the
CLEC App of Paul Robinson September 16, 2002 Page 23 of 23
subsidy can be paid, most likely, to our
friends at Verizon.
2. The establishment of a Universal Service Fund shall first
require the evaluation of the definition of basic local exchange
telephone service and the calculation of the subsidy required to
support the ubiquity of such service.
Applicant's Response: Determine what, in the range from two
tin cans and a string, to an OC45 Sonet
ATM connection delivered by fiber
optics, is sufficient for most customers
who need subsidized service, and how
much it is going to cost to provide that
subsidized service.
3. The incumbent local exchange companies shall be designated as
the carriers of last resort in their current local serving areas
until such time as the commission determines otherwise.
Applicant's Response: Verizon has to do it if nobody else
will.
J. Commission authority. The commission may, in its discretion,
waive or grant exceptions to any of these rules and may also
attach conditions or limitations to any certificate issued under
these rules or S56-265.4:4 C of the Code of Virginia.
Applicant's Response: If I need help I can pray to God, err, I
mean if I need relief I may file a
prayer for same with the Commission.
Probably not much difference in terms of
the likelihood of a favorable response
for either option.