W. Va. Code R. § 150-21-6

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-21-6 - Irrevocability of applications and penalties for failure to provide service in accordance with the certificate granted

6.1. Because of the critical need for telecommunication relay service in West Virginia on a continuing and uninterrupted basis, and considering the requirement of the ADA to provide this service, any application for a TRS certificate shall impose a binding and irrevocable obligation on the applicant to proceed with the application. Furthermore, a certificate holder must agree to the contractual nature of the certificate to provide the service if the application is granted.

6.2. No application for a TRS certificate will be accepted by the Commission unless it clearly states that the applicant understands and agrees that it will not attempt to withdraw the application after the first sixty (60) days after the filing deadline.

6.3. No application for a TRS certificate will be accepted by the Commission unless it clearly states that the applicant understands and agrees that if the certificate is granted as filed, failure to provide the service in accordance with the rules, regulations and orders of the Commission shall be considered as a breach of contract and shall subject the TRS provider, in addition to penalties applicable to public utilities, to such civil penalties as would be appropriate for breach of contract.

6.4. In consideration of the critical need for TRS, the Commission shall expedite its consideration of certificate applications and will make every reasonable effort to act on a TRS certificate filing within ninety (90) days of the filing deadline as herein discussed. If the Commission fails to grant a requested certificate within said ninety (90) days, the irrevocability provision herein shall no longer be in effect; however, the contractual nature of the certificate, and any breach thereof by the TRS provider, shall continue in effect during the term of the certificate, regardless of the time required for the granting of the certificate, or regardless of any modifications required by the Commission and accepted by the TRS provider. Commencement of operations pursuant to a certificate granted by the Commission shall be deemed as evidence of full acceptance by the TRS provider of any conditions or modifications imposed by the Commission.

W. Va. Code R. § 150-21-6