Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 1354 (February 26, 2022).

52 Pa. Code § 63.322. Definitions.

§ 63.322. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Applicant—A carrier, incumbent local exchange carrier, or telecommunications public utility seeking Commission review and approval of a transaction under 66 Pa.C.S. § §  1102 and 1103 (relating to enumeration of acts requiring certificate; and procedure to obtain certificates of public convenience).

   Assets—Property of all kinds, real and personal, tangible and intangible, including patents and causes of action which belong to an applicant as defined in this section under State and Federal law.

   Carrier—An entity defined as a ‘‘public utility’’ in 66 Pa.C.S. §  102 (relating to definitions) or defined as a ‘‘public utility’’ in 66 Pa.C.S. §  102 and certificated by the Commission under 66 Pa.C.S. §  1102(a).

   Controlling interest—An interest, held by a person or group acting in concert, which enables the beneficial holder or holders to control 20% or more, either within this Commonwealth or Nationwide, whichever is larger, of the voting interest in the telecommunications public utility or its parent, regardless of the remoteness of the holder or holders or the transaction. A contingent right may not be included.

   Customer base—An asset of an applicant consisting of all or a portion of the customers served by the applicant.

   Formal complaint—The term as defined in §  1.8 (relating to definitions) of the Commission’s rules of practice and procedure.

   Formal investigation—The term as defined in §  1.8 of the Commission’s rules of practice and procedure.

   Formal proceeding—The term as defined in §  1.8 of the Commission’s rules of practice and procedure.

   General rule transaction—A transaction resulting in a change in rates or conditions of service or which, taken together with all previous internal corporate restructurings, changes the applicant’s controlling interest greater than 20%.

   Incumbent local exchange carrier—A local exchange carrier as defined in section 3(26) of the Telecommunications Act of 1934 (47 U.S.C.A. §  153) or a local exchange telecommunications company as defined in 66 Pa.C.S. §  3012 (relating to definitions) including a certificated carrier under 66 Pa.C.S. §  1102(a).

   Informal complaint—The term as defined in §  1.8 of the Commission’s rules of practice and procedure.

   Informal investigation—The term as defined in §  1.8 of the Commission’s rules of practice and procedure.

   Informal proceeding—The term as defined in §  1.8 of the Commission’s rules of practice and procedure.

   Party—The term as defined in §  1.8 of the Commission’s rules of practice and procedure.

   Pennsylvania legal counsel—The attorney of record appearing before the Commission as required under § §  1.21 and 1.22 (relating to appearance; and appearance by attorney or certified legal intern) of the Commission’s rules of practice and procedure.

   Person—The term as defined in §  1.8 of the Commission’s rules of practice and procedure.

   Pro forma transaction—A transaction that is seamless to the customer and does not result in a change in rates or conditions of service which, taken together with all previous internal corporate restructurings, does not change the applicant’s controlling interest greater than 20%.

   Staff—The term as defined in §  1.8 of the Commission’s rules of practice and procedure.

   Statutory advocate—The term as defined in §  1.8 of the Commission’s rules of practice and procedure.

   Telecommunications public utility—An entity that provides telecommunications service as defined in section 3(46) of the Telecommunications Act of 1934 or 66 Pa.C.S. §  3012 or as a carrier.

   Verification—The term as defined in §  1.8 of the Commission’s rules of practice and procedure.



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