(a) A company is not eligible to obtain a certificate under this subchapter if the company, together with affiliates, had more than six percent of the total intrastate switched access minutes of use as measured for the most recent 12-month period:
(1) that precedes the date the application is filed; and
(2) for which the access information is available.
(b) The commission shall obtain information necessary to determine eligibility from the incumbent local exchange telephone companies and the applicant.

(c) The commission shall certify eligibility not later than the 10th day after the date the application is filed.
(d) In this section:
(1) “Affiliate” means an entity that, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with a company that applies for a certificate under this subchapter.
(2) “Control” means to exercise substantial influence over the policies and actions of another.