Cpcn certificate of public convenience and necessity static electricity definition science

The following information has been prepared by the staff of the Department of Public Service (DPS) in order to assist applicants in applying for a Certificate of Public Convenience and Necessity (CPCN). Although it is intended to be self-explanatory, the Department’s staff is available to answer any questions that might arise. For inquiries please call the Office of Telecommunications at the following number: 518-474-4500.

Pursuant to Section 99 of New York State Public Service Law , firms seeking to offer telephone services in New York State for a profit must obtain a CPCN from the Public Service Commission (PSC) before constructing facilities and/or offering telecommunications services to the public.

The applicant may not begin to offer telephone service until a CPCN has been granted and its tariffs and/or Customer Service Guide (CSG), as applicable, have been authorized to become effective. At that point, it is subject to and must comply with all pertinent Commission rules and regulations governing telephone corporations.

A CPCN is not required for providers of wireless (cellular) telephone services, providers who provide only Voice Over Internet Protocol (VoIP) services, or providers of telephone service by means of customer-owned or leased, currency or credit card operated telephones (COCOTs), and motels, hotels or hospitals.

A reseller subscribes to telecommunications services and/or facilities of another regulated telephone corporation and reoffers those services to the public for hire. Firms certified as resellers are only authorized to provide services through resale.

A facilities-based provider provides telephone service by constructing and operating its own facilities. Firms certified as facilities- based providers are authorized to provide telephone service via their own facilities, via a mix of their own facilities and resale, or through resale only.

If a firm wants to begin operations as a reseller and become a facilities-based provider later on, it may be advantageous to apply for certification as a facilities-based provider. The firm would then be able to operate as a reseller and then transition to a facilities-based provider later on, without having to obtain additional authority from the Commission.

The information required for a CPCN is contained in the linked CPCN petition form . The form is intended to streamline the application process superseding the narrative petition previously required. The petition will be reviewed for completeness and it may be returned to the petitioner with any missing information noted.

Applicants providing non-basic retail services are permitted the option of posting a listing of such services, including rates and terms and conditions on its website and must file with the Commission and make available to any requesting person a Customer Service Guide or other listing of terms and conditions in lieu of filing a tariff with the Commission for each non-basic service they propose to provide. (See the link for other CSG requirements.)

The petitioner must be registered to file a tariff . Follow the linked guide above on how to register to file tariffs using the Department’s ETS. Additional ETS questions can be directed to Carol McTague at (518) 473-8074 or by email to carol.mctague @dps.ny.gov .

As an aid to companies seeking certification, the Commission has provided a model retail tariff , model access tariff , and model basic service tariff as well as an outline of information required in a CSG (if applicable) for companies seeking certification as a non-basic retail services provider. The models are meant to help organize and structure the submission and are not intended to specify or limit what services offered.

When the initial tariff is filed, there should be a range of at least 90 days between the issue date of the tariff and its effective date. The issue date of the tariff is the date it is received by the Commission or any date soon thereafter. If provisions in the proposed tariff do not comport with Commission requirements, revisions will be required before the tariff can take effect.