Small and Minority Business Participation Plans Tenn. Code Ann 65-5-112 requires each telecommunications service provider to file a SMB plan with the Authority with their application for a certificate. The statute further states the plans shall be updated annually. Here is the language of the statute: 65-5-112. Small and minority-owned telecommunications business participation plan. Each telecommunications service provider shall file with the authority a small and minority-owned telecommunications business participation plan within sixty (60) days of June 6, 1995. Competing telecommunications service providers shall file such plan with the authority with their application for a certificate. Such plan shall contain such entity's plan for purchasing goods and services from small and minority telecommunications businesses and information on programs, if any, to provide technical assistance to such businesses. All providers shall update plans filed with the authority annually. For purposes of Acts 1995, ch. 408, "minority business" means a business which is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who personally manages and controls the daily operations of such business, and who is impeded from normal entry into the economic mainstream because of race, religion, sex or national origin and such business has annual gross receipts of less than four million dollars ($4,000,000). For purposes of Acts 1995, ch. 408, "small business" means a business with annual gross receipts of less than four million dollars ($4,000,000). Here is a Sample Small and Minority Owned Business Participation Plan. This sample is in the CLEC and Reseller Application Forms on our website. CLEC A, INC.
SMALL AND MINORITY-OWNED TELECOMMUNICATIONS BUSINESS PARTICIPATION PLAN Pursuant to T.C.A. 65-5-112, as amended, CLEC A, Inc. ( CLEC A ) submits this small and minority-owned Telecommunications business participation plan (the Plan ) along with its Application for a Certificate of Public Convenience and Necessity to provide competing intrastate and local exchange services in Tennessee. I. PURPOSE
The purpose of 65-5-112 is to provide opportunities for small and minorityowned businesses to provide goods and services to Telecommunications service providers. CLEC A is committed to the goals of 65-5-112 and to taking steps to support the participation of small and minority-owned Telecommunications businesses in the Telecommunications industry. CLEC A will endeavor to provide opportunities for small and minority-owned Telecommunications businesses to compete for contracts and subcontracts for goods and services. As part of its procurement process, CLEC A will make efforts to identify and inform minority-owned and small businesses that are qualified and capable of providing goods and services to CLEC A of such opportunities. CLEC A s representatives have already contacted the Department of Economic and Community Development, the administrator of the small and minority-owned Telecommunications assistance program, to obtain a list of qualified vendors. Moreover, CLEC A will seek to increase awareness of such opportunities so that companies not otherwise identified will have sufficient information to participate in the procurement process. II. DEFINITIONS As defined in 65-5-112. Minority-Owned Business. Minority-owned business shall mean a business which is solely owned, or at lease fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who personally manages and controls daily operations
of such business, and who is impeded from normal entry into the economic mainstream because of race, religion, sex or national origin and such business has annual gross receipts of less than four million dollars ($4,000,000). Small Business. Small Business shall mean a business with annual gross receipts of less than four million dollars ($4,000,000). III. ADMINISTRATION CLEC A s Plan will be overseen and administered by the individual named below, hereinafter referred to as the Administrator, who will be responsible for carrying out and promoting CLEC A s full efforts to provide equal opportunities for small and minority-owned businesses. The Administrator of the Plan will be: Norman Trace CLEC A, Inc. 7500 Lakewood Drive Riverton, Wyoming 47600-0700 Telephone: 304-777-1026 Facisimile: 304-777-1030 The Administrator s responsibilities will include: (1) Maintaining an updated Plan in full compliance with 65-5-112 and the rules and orders of the Tennessee Regulatory Authority. (2) Establishing and developing policies and procedures necessary for the successful implementation of the Plan. (3) Preparing and submitting such forms as may be required by the Tennessee Regulatory Authority, including the filing of required annual updates. (4) Serving as the primary liaison to and cooperate with the Tennessee Regulatory Authority, other agencies of the State of Tennessee, and small and minority-owned businesses to locate and use qualified small and minority-owned businesses as defined in 65-5-112.
(5) Searching for and developing opportunities to use small and minority-owned businesses and encouraging such businesses to participate in and bid on contracts and subcontracts. (6) Providing records and reports and cooperate in any authroized surveys as required by the Tennessee Regulatory Authority. (7) Establishing a record-keeping system to track qualified small and minority-owned businesses and efforts to use such businesses. (8) Providing information and educational activities to persons within CLEC A and training such persons to seek out, encourage, and promote the use of small and minority-owned businesses. In performance of these duties, the Administrator will utilize a number of resources, including: Chambers of Commerce The Tennessee Department of Economic and Community Development The United States Department of Commerce Small Business Administration Office of Minority Business The National Minority Supplier Development Counsel The National Association of Women Business Owners The National Association of Minority Contractors Historically Black Colleges, Universities, and Minority Institutions The efforts to promote and ensure equal opportunities for small and minorityowned businesses are primarily spelled out in the Administrator s duties above. Additional efforts to provide opportunities to small and minority-owned businesses will include offering, where appropriate and feasible, small and minority-owned businesses assistance with technical, insurance, bonding, licensing, production, and deadline requirements.
IV. RECORDS AND COMPLIANCE REPORTS CLEC A will maintain records of qualified small and minority-owned business and efforts to use the goods and services of such businesses. In addition, CLEC A will maintain records of educational and training activities conducted or attended and of the internal procurement procedures adopted to support this plan. CLEC A will submit records and reports required by the Tennessee Regulatory Authority concerning the Plan. Moreover, CLEC A will cooperate fully with any surveys and studies required by the Tennessee Regulatory Authority. CLEC A, Inc. By: Norman Trace Vice President Dated:,.
There are 3 binders containing the plans for companies who are currently certified by the TRA. They are in alphabetical order by company name. There are also 3 books in Director Jones office organized in the same way. His are brought up once a year in April and kept here for a couple of months while the new plans are coming in. Update his books and return to Martha when the plans slow down. There are also binders for Pending and Cancelled companies. When a company is cancelled, remove their plan from the main binder and place in cancelled binder. When a new application is received, you will be given a copy of their SMB Plan for the pending file. Once approved, you will be notified that this company s plan can be placed in the main binder. When a company is cancelled, remove their plan from the main binder and place in the cancelled binder. There is a Word document on the S: drive, under Telecom folder called SMB Plan Administrator April 2006 that contains a list of all certified companies, both CLECs and Resellers. The ones highlighted in red with a month and year (2006) have submitted plans this year. Those in black have not submitted a plan or update to their plan this year. Each year in April, the TRA staff responsible for maintaining these records sends the following letter to all certificated carriers. This letter is on the S: Drive, under the Telecom folder, SMB, SMB Letter. It can be merged with the Word document called SMB Plan Administrator April 2006 on the S: drive or the Excel Spreadsheet on S: called RevisedWebListofProviders.xls. March 31, 2006 Ameri Vision Communications, Inc. Regulatory 5900 Mosteller Drive, Suite 1850 Oklahoma City, OK 73112 Dear Sir/Madam: TCA 65-5-112 requires that all Competing Telecommunications Service Providers file a Small and Minority-Owned Telecommunications Business Participation Plan with the TRA, and this law also requires that the plans be updated annually. Please provide an original and one (1) copy of your plan, or of the update to your existing plan, by April 14, 2006. Thank you for your attention to this matter. Please direct inquiries regarding this filing to Lisa Foust, at 615-741-2904, ext. 220. Sincerely,
Darlene Standley, Chief Utilities Division Enclosures When the plans start coming in, highlight (or whatever method works for you) the company in the SMB Plan Administrator document and note the date received. Remove the plan from the previous year if they sent a new plan, or if they send a letter saying there are no changes to our existing plan, file that with the plan from the previous year in the binder. There is a follow up letter that can be sent as a reminder to the companies who have not submitted a plan by October or November. That letter is also under Telecom, SMB Plan, 2 nd Notice SMB Plan.doc. It can be merged, again, with the SMB Plan Administrator.doc on S: or the RevisedWebListofProviders.xls. You can remove the companies that have already submitted their plan from the merge. This should enable you to get all the companies to submit a plan each year and be compliant with the statute.