LAW
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Ohio Laws and Rules
For purposes of this chapter, the following definitions shall apply:
(A) “Appointment” means an agreed upon arrangement between a customer and a local exchange carrier to meet at a set time and place.
(B) “Authorized payment agent” means any individual or business designated by a telecommunications provider to act as its representative for accepting payments.
(C) “Basic local exchange service” (BLES) means end user access to, and usage of, telephone company-provided services that enable a customer, over the primary line serving the customer’s premises, to originate or receive voice communications within a local service area, and that consist of the following:
(1) Local dial tone service.
(2) Touch tone dialing service.
(3) Access to and usage of 9-1-1 service, where such services are available.
(4) Access to operator service and directory assistance.
(5) Provisions of a telephone directory and listing in that directory.
(6) Per call, caller identification blocking services.
(7) Access to telecommunications relay service.
(8) Access to toll presubscription, interexchange, or toll providers or both, and networks of other telephone companies.
BLES also means carrier access to and usage of telephone company-provided facilities that enable end user customers originating or receiving voice grade, data or image communications, over a local exchange telephone company network operated within a local service area, to access interexchange or other networks.
(D) “Bona fide dispute” means a complaint registered with the commission’s call center or a formal complaint filed with the commission’s docketing department.
(E) “Class of service” means a description of local exchange carrier service furnished to a customer used to denote its use either as residential or nonresidential.
(F) “Commission” means the public utilities commission of Ohio (PUCO).
(G) “Commitment” means a promise to complete by a given time and date an outside repair on equipment on the company side of the network interface device that does not require the presence of the customer.
(H) “Consumer” means one who ultimately uses or consumes a service.
(I) “Customer transaction” means a sale, lease, assignment, repair, or other business agreement between a telecommunications provider and a customer.
(J) “Contract” means a written agreement, applicable for an agreed-upon term for a product(s) or service(s) (other than service(s) provided pursuant to tariff) between a telecommunications provider and its customer that includes the provision of a regulated service(s).
(K) “Customer” means any person, firm, partnership, corporation, municipality, cooperative organization, government agency, etc. that agrees to purchase a telecommunications service and is responsible for paying charges and for complying with the rules and regulations of the telecommunications provider.
(L) “Customer proprietary network information” (CPNI) means (1) information that relates to the quantity, technical configuration, type, destination, and amount of use of a telecommunications service subscribed to by any customer of a telecommunications provider, and that is made available to the provider by the customer solely by virtue of the provider-customer relationship; and (2) information contained in the bills pertaining to telephone exchange service or telephone toll service received by a customer of a provider; except that such term does not include customer list information.
(M) “Day” means calendar day and is to be computed in accordance with rule 4901-1-07 of the Administrative Code. The date of the event from which the period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it falls on a Saturday, Sunday, or legal holiday, in which case the period of time shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday.
(N) “Disconnection of service” means the intentional interruption by the telecommunications provider of incoming or outgoing telecommunications service.
(O) “Facilities-based local exchange carrier” means any local exchange carrier that uses facilities it owns, operates, manages, or controls to provide service(s) subject to the commission evaluation. Such carrier may partially or totally own, operate, manage, or control such facilities. Carriers not included in this classification are carriers providing service(s) solely by resale of the incumbent local exchange carrier’s local exchange services.
(P) “Government mandated surcharges” means charges specifically required by federal, state, or local government to be recovered directly from customers.
(Q) “Incumbent local calling area” means the local calling area available to a consumer when calling from any given exchange that, in scope, must be geographically equivalent to the local calling area experienced within the exchange by customers of the incumbent local exchange carrier serving that exchange. For purposes of this definition, a local calling area means the geographic area in which a customer may originate and terminate a call without incurring a long distance charge.
(R) “Incumbent local exchange carrier” (ILEC) means any facilities-based local exchange carrier that: (1) on the date of enactment of the 1996 Act, provided BLES with respect to an area; and (2)(a) on such date of enactment, was deemed to be a member of the exchange carrier association pursuant to 47 C.F.R. 69.601(b), or (b) is a person or entity that, on or after such date of enactment, became a successor or an assignee of such a member described in clause (2)(a).
(S) “Local service” means service where calls can be originated or received without long distance charges being assessed.
(T) “Local exchange carrier” (LEC) means a telecommunications provider that provides BLES to customers on a common carrier basis. Such term does not include an entity insofar as such entity is engaged in the provision of commercial mobile radio service under Section 47 U.S.C. 332(C), as effective on the date referenced in paragraph (F) of rule 4901:1-5-02 of the Administrative Code, except to the extent that the federal communications commission (FCC) finds that such service should be included in the definition of such term.
(U) “Nonresidential service” means a telecommunications service primarily used for business, professional, institutional, or occupational use.
(V) “Network interface device” (NID) means a device between a telephone protector and the inside wiring to isolate the customer’s equipment from the network.
(W) “Out-of-service” means the inability to communicate via telephonic transmission, due to a service-related interruption.
(X) “Plant” means all equipment used by a local exchange carrier in providing telecommunications services, usually classified as outside or inside plant.
(Y) “Positive enrollment” means a service initiation process in which a customer must affirmatively elect to subscribe to a service before it is added to the customer’s account.
(Z) “Postmark” means a mark, including a date, stamped or imprinted on a bill or a piece of mail which serves to record the date of its mailing, which in no event shall be earlier than the date on which the item is actually deposited in the mail. The postmark of a bill that is sent electronically must appear on the electronic bill and shall in no event be earlier than the date which it is electronically sent.
(AA) “Preferred carrier freeze” (PCF) means a service that prevents a change in a customer’s preferred carrier selection, unless the customer gives consent for such change to the carrier from whom the freeze was requested.
(BB) “Public safety answering point” (PSAP) means a facility to which 9-1-1 system calls for a specific territory are initially routed for response and where personnel respond to specific requests for emergency service by directly dispatching the appropriate emergency service provider, relaying a message to the appropriate provider, or transferring the call to the appropriate provider.
(CC) “Regulated services” means services under the jurisdiction of the commission.
(DD) “Residential service” means a telecommunications service provided primarily for household use.
(EE) “Service affecting condition” means any service-related condition that impairs the ability to communicate via telephonic transmission.
(FF) “Small business” means nonresidential service customers with three local exchange service access lines or less.
(GG) “Tariff” means a schedule of rates, tolls, rentals, charges, classifications, and rules applicable to services and equipment provided by a telecommunications provider that has been filed or posted in such places or in such manner as the commission orders.
(HH) “Telephone exchange area” means a geographical service area established by an incumbent local exchange carrier and approved by the commission which usually embraces a city, town, or village and a designated surrounding or adjacent area. There are currently seven hundred thirty-eight exchanges in the state.
(II) “Telecommunications provider” means a telephone company that provides telecommunications services other than commercial mobile radio service (except fixed wireless service) under the commission’s jurisdiction.
(JJ) “Telecommunications service priority (TSP) program” means the user program administered by the FCC to ensure that telecommunications lines most necessary to promote the nation’s security and emergency preparedness functions are given priority installation and restoration.
(KK) “Trouble report” means a report from a consumer of telecommunications service to the appropriate telecommunications provider concerning the malfunction, defectiveness, or improper operation of equipment or plant.
(LL) “User minutes” means the result of multiplying the duration of an outage, expressed in minutes, by the number of consumers affected by the outage.
Replaces: 4901:1-5-01
Effective: 01/01/2008
R.C. 119.032 review dates: 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.231
Rule Amplifies: 4905.231
Prior Effective Dates: 10/17/77, 12/31/88, 7/7/97, 10/25/01
(A) This chapter sets forth the minimum requirements for the furnishing of adequate telephone service which apply to all telecommunications providers regulated by the commission.
(B) Pursuant to its jurisdiction under Title 49 of the Revised Code, the commission may:
(1) For good cause shown as supported by a motion and supporting memorandum, waive any requirement, standard, or rule set forth in this chapter.
(2) As it deems necessary in any proceeding, prescribe different standards for the provision of any telecommunications services the commission regulates.
(3) Monitor telecommunications providers’ compliance with the provisions of this chapter.
(4) Pursue formal action, at any time, to alter or amend this chapter.
(5) Upon its own motion, a customer complaint, or upon application of any telecommunications provider, take appropriate steps to require the furnishing of any service(s), equipment, or facilities affecting service.
(C) Any residential or small business tariff or contract provision inconsistent with this chapter shall be deemed, under this rule, inoperative and superseded by this chapter, unless and until the commission specifically orders otherwise. Tariffs taking effect through zero-day notice filings, whether approved by the commission or not, are superseded by these rules in the event of a conflict. Contracts for large business customers may have installation and repair provisions different from these rules so long as they are fully disclosed in compliance with rule 4901:1-5-04 of the Administrative Code.
(D) Nothing in this chapter shall relieve:
(1) Any telecommunications provider from providing adequate service or facilities as prescribed by the commission; or meeting any of its duties or responsibilities as prescribed by state or federal law.
(2) Incumbent local exchange carriers from providing basic local exchange service as a stand-alone, independent service option.
(E) The fact that a telecommunications provider under the commission’s jurisdiction fails to comply with any provision(s) within this chapter, or with other applicable federal or state telecommunications law, does not by itself constitute inadequate service as a matter of law. Rather, the question as to whether service is legally inadequate requires a formal determination by the commission, preceded by a hearing pursuant to section 4905.26 of the Revised Code, unless the hearing is waived by the complainant and the respondent.
(F) Each citation contained within this chapter that is made either to a section of the United States code or to a regulation in the code of federal regulations is intended, and shall serve, to incorporate by reference the particular version of the cited matter that was effective on July 11, 2007.
Replaces: 4901:1-5-02
Effective: 01/01/2008
R.C. 119.032 review dates: 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.231
Rule Amplifies: 4905.231
Prior Effective Dates: 10/17/77, 12/31/88, 7/7/97, 10/25/01
(A) Telecommunications providers shall furnish consumers with reasonable access to company representatives for purposes of responding to complaints, inquiries, discussing service termination, and transacting any other pertinent business. Reasonable access is established through:
(1) Prompt contact with the telecommunications provider’s service representatives, via a toll-free telephone number. In addition, companies may also provide access to company service representatives via electronic mail or other means during normal business hours.
(2) For large incumbent local exchange carriers (ILEC) (i.e., those with fifty thousand or more access lines), prompt contact shall be verified as an average monthly speed of ninety seconds in answering calls placed to its business and repair offices.
(3) Average answer speed shall be measured from the point of first ring at the telecommunications provider’s business and repair offices; or for companies utilizing a voice response unit (VRU), from the time a customer begins waiting in queue, to the point when the service representative or automated system is ready to render assistance and/or accept the information necessary to process the call. On VRU calls, in the first menu, prior to being placed in queue, the caller shall be offered the option to be transferred immediately to a live attendant.
(B) Local exchange carriers (LECs) shall annually supply their customers with directory information through one of the following means:
(1) A printed directory(ies) that must include, at a minimum, all published telephone numbers in current use within the ILEC local calling area. Upon a customer’s request, each LEC shall provide, free of charge, an applicable directory(ies) for all exchanges which are within the ILEC local calling area, including any exchanges that are within the local calling area as a result of extended area service. The printed directory shall be provided free of charge to customers. LECs may give customers the option to request an electronic directory, where available, in lieu of a printed directory, but if they make this option available, LECs must, in this instance, provide the electronic directory at no charge.
(2) Free directory assistance for all published telephone numbers in current use within the ILEC local calling area. In addition, the LEC shall include on its web site the printed information required by paragraph (C) of rule 4901:1-5-03 of the Administrative Code. An annual notice shall also inform customers that, in lieu of a printed directory, they will be provided free directory assistance for all telephone numbers in current use within their local calling area.
(C) At a minimum, LECs shall include the following information prominently in the front of the directory:
(1) Instructions for calling: emergency 9-1-1 services, the local police, the state highway patrol, the county sheriff and fire departments, the Ohio relay service, operator service, and directory assistance.
(2) A list of all of the area codes included in the directory.
(3) A list of all of the LECs utilizing the directory, including each provider’s toll-free business and customer service number.
(4) Instructions on placing long distance calls.
(5) A verbatim printing of the telephone customer rights and responsibilities as set forth in the appendix to this rule. This same information must also appear on the company’s web site.
(6) A toll-free number to request additional information.
(7) A description of program-based or income-eligible telephone assistance programs.
(8) Information on what customers can do in the event they receive obscene or harassing calls, including information about call trace and annoyance call bureau services, where available.
(9) A description of a network interface device (NID). That description shall include: all customer options for repairing inside wire; the function and probable location of a NID; and an explanation as to how to use a NID to test for service problems. The explanation shall also detail the customer’s rights and responsibilities concerning NID installation if a NID is not present on the premise and the customer’s responsibility to utilize a NID to diagnose service problems or risk a service fee.
APPENDIX
TELEPHONE CUSTOMER RIGHTS AND RESPONSIBILITIES
You, as a telephone customer, have many rights and responsibilities. Explanations of some of them are as follows:
Resolving Problems and Disputes
If you have a problem with your telephone bill or service, contact the phone company first. You may call or send a letter to the company. The telephone number to your phone company is printed on your bill. The telephone number is also located elsewhere in this directory.
If your concern is not resolved after contacting a customer representative from the phone company, you may ask to speak with a supervisor. If your problem is still not resolved, contact the Public Utilities Commission of Ohio’s (PUCO) consumer call center for help. The call center staff will review rules with you, advise you of your rights, and if needed, will work with you and the company to try to solve your problem.
You may contact the PUCO at 1-800-686-7826 (toll free) or for TTY at 1-800-686-1570 (toll free) from 8:00 a.m. to 5:00 p.m. weekdays, or at www.PUCO.ohio.gov.
Mail address – Service Monitoring and Enforcement Dept.
Public Utilities Commission of Ohio
180 E. Broad Street
Columbus, Ohio 43215-3793
Residential customers may also contact the Ohio Consumers’ Counsel for assistance with complaints and utility issues at 1-877-742-5622 (toll free) from 8:00 a.m. to 5:00 p.m. weekdays, or at www.pickocc.org.
If you are not able to reach an agreement with the company through the PUCO’s informal complaint process, you have the right to file a formal complaint. You may obtain a formal complaint form from the call center representative, by writing to the PUCO or by accessing the PUCO’s web page.
If you are a residential customer, you may represent yourself in the formal complaint proceeding or hire an attorney to represent you. The Ohio Consumers’ Counsel (OCC) represents residential utility customers in matters before the PUCO. OCC can be contacted toll free at 1-877-742-5622 from 8:00 a.m. to 5:00 p.m. weekdays, or visit www.pickocc.org.
In most instances, business customers must be represented by an attorney.
After you file a formal complaint form, the PUCO determines if reasonable grounds exist for proceeding with your complaint and will notify you as to its determination. If reasonable grounds are found to exist, you will be notified by mail of a date and time for a hearing, to take place at the PUCO offices in Columbus. The PUCO may set a prehearing conference with both the company and you (and your attorney if you have one) for one last attempt to resolve the matter before the scheduled hearing begins. However, if the case remains unresolved, once the hearing begins you will have the responsibility to prove the merits of the complaint. After the hearing is over, the PUCO will then review all the evidence presented at the hearing and make a decision on the case.
Ordering or Changing Service
When you order new local service or change your existing local service, your phone company will explain the choices available to you.
If you are a low income consumer, or are currently receiving assistance (such as HEAP, food stamps, etc.) from government agencies, you may be eligible for a discount on your basic local service, a waiver of service establishment fees and deposit, and/or a special payment plan. If you are interested in this assistance, be sure to tell your phone company.
After you’ve placed your order for new service or for a change to your existing service, you should receive, within ten business days, a welcome letter in the mail (or by e-mail if you signed up over the Internet). The welcome letter will include an explanation of the service(s) ordered, including the price, terms and conditions. It is important that you review this letter to confirm your order. If you believe that the letter does not accurately reflect the service you ordered, you should contact the company immediately. You have 30 days from the postmark of the letter to change your initial order for regulated services at no additional charge.
Your local phone company may charge you a one-time installation or “service establishment” charge when your first establish service and each time you transfer service to a new address. Residential customers establishing basic local exchange service have the option to spread the payment of these charges over three billing periods.
Your local phone company normally must install new local service within five business days of receiving your order, unless you agree to a later date. If you are a residential or small business customer and the company does not provide service within this time frame, you may receive a full or partial waiver of the installation charges.
Your local phone company must also give you a four-hour appointment window for a technician to install service if you need to be present at the premises. If the company misses your scheduled installation appointment, without giving you 24 hours notice, you may be eligible for a waiver of a least one-half of the installation charges for the affected regulated local services.
When you order service and once each year, your local phone company will provide you with a free directory(ies), unless the company chooses to provide free directory assistance. You have a right to receive, upon request, a directory or directories listing all of the extended area service numbers within your local calling areas.
Repairing Your Service
Your local phone company is responsible for repairs and maintenance to the telephone network and outside wires leading up to your home or business. You or the property owner are responsible for the wiring inside your home or business, jacks, and equipment like telephone sets, answering machines, modems, fax machines, etc.
The point where the telephone company’s network ends and the inside wiring begins is called the network interface device (NID). Many homes and businesses have located on their premises a NID, which can be used to check whether the problem with your service is your responsibility or the responsibility of the phone company.
If your phone service is not working, contact your company’s repair office immediately. If you’re not sure whether the problem is your responsibility or the company’s responsibility, check in the directory or with your phone company for an explanation as to how to check your NID to see who’s responsible and to find out what your repair options and charges are for repairs, if it is your responsibility. If you don’t have a NID, the local phone company will diagnose the problem and install a device at no charge. If you rent, check with your landlord prior to scheduling any repairs.
Be aware that if the phone company makes a service trip to your premises and the problem is in the wiring inside your home or business, the repair is your responsibility and you may be required to pay a service charge to the company. You will not be charged if the repair is the company’s responsibility.
Your local phone company must also give you a four-hour appointment window for a technician to repair service if you need to be present at the premises. If the company misses your scheduled repair appointment, you may be eligible for a waiver of one-half of one month’s charges for the affected regulated local services rendered inoperative.
If the phone company takes more than seventy-two hours to restore your phone service, you may receive a credit on your next bill for one month’s charges for the regulated local services rendered inoperative.
Paying for your Service
The phone company will send you a bill every month and allow you at least 14 days to pay it. If you do not pay your bill on time, the company may disconnect your service. Before disconnecting your service, the phone company must send you a disconnect notice at least seven days before the shut-off date.
If you cannot pay your entire bill, contact the phone company. You may be able to keep part of your service if you pay enough to cover the charges for basic phone service, or you may be able to work out a payment plan with the company to keep your service.
Be aware that payment to an unauthorized payment agent does not guarantee same day posting to your payment.
Your service cannot be disconnected after 12:30 p.m., if the possibility of service reconnection on the next day is not a possibility. Should your service be disconnected, contact the company to find out what you need to do to have it restored.
You may have to pay a fee and/or a deposit to have your service reconnected.
Toll blocking, along with other blocking services, are available to help manage your bill. To learn more about blocking options such as blocks to 900 services, collect calls, third party calls, or pay-per-use features, contact your phone company. Some or all of these options are free of charge.
If you have a billing dispute, and you have made an informal or formal complaint to the PUCO, the company will not disconnect your service if you pay the undisputed portion of the bill. While the complaint is being investigated, you must pay all current undisputed amounts and continue discussion with the company to settle the complaint.
Privacy Options
Two options are available to prevent your phone number from displaying on a Caller ID device. Per call blocking is provided with your service at no additional charge. To use this, dial *67 from touchtone phones (rotary dial 1167) before each call you want blocked. Per line blocking, available for an additional charge, will block all your calls. Using this service, you may unblock individual calls by dialing *82 (rotary dial 1182). If you wish to have per line blocking, you should contact your local phone company and request it. Due to technical limitations, either service (per-call blocking or per-line blocking) may not be able to block the appearance of your phone number on caller ID devices when you dial an “800” number. The monthly rate for per line blocking will not exceed the monthly rate for a non-published number service. Further, there will be no additional monthly charge for per-line blocking to customers who subscribe to a nonpublished number service.
Slamming
You have the right to choose your local and long distance providers. No one can switch your providers without your permission. This is called slamming, and it is illegal. If you are slammed, you must contact your chosen company to re-establish service with that company. You must also contact the company which slammed you to cancel service with them and to arrange for any credits or refunds. If you are not satisfied after these calls, contact the PUCO call center.
Cramming
If your bill has charges on it for services you did not order, that is called cramming. Cramming is illegal. If these charges appear on your bill, call your local phone company and let them know you have been crammed. If the charges are from another company, they may also require you to call the cramming company to have them take you off their customer list. Otherwise, the charges may reappear on your next bill. If you are not satisfied after these calls, contact the PUCO call center.
Replaces: part of 4901:1-5-06, part of 4901:1-5-20
Effective: 01/01/2008
R.C. 119.032 review dates: 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.231
Rule Amplifies: 4905.231
Prior Effective Dates: 10/17/77, 12/31/88, 7/7/97, 10/25/01
(A) Telecommunications providers shall not commit any unfair or deceptive act or practice in connection with customer transactions or disclosures.
(B) Without limiting the scope of paragraph (A) of this rule, telecommunications providers shall ensure that the language used in all disclosures, including but not limited to solicitations, marketing materials, offers, contract terms and conditions, as well as any other communications whether written or oral, are:
(1) Clear, conspicuous, and accurate in disclosing applicable information, including but not limited to: material terms and conditions, contract length, prices, fees, features, rates, termination fees or penalties, discretionary charges, government mandated charges, and estimated taxes for services offered.
(2) Clear in identifying any material exclusions, reservations, limitations, modifications, or conditions which must be located in close proximity to the operative words in the solicitation, offer, or marketing materials.
(3) Truthful, not misleading, and clear in identifying all material limitations, including claims that are not bona fide offers.
(C) Telecommunications providers shall disclose their name and contact information on all solicitations, marketing materials, offers, contracts, and agreements, as well as on any response to service-related inquiries and/or complaints they receive from customers.
(D) Telecommunications providers shall inform customers calling in with out-of-service complaints and trouble reports of their rights and responsibilities concerning the repair and maintenance of customer-owned equipment, inside wire, and the use of a network interface device, consistent with appendix to this rule. During such a call, the telecommunications provider must notify the customer of any charges that the telecommunications provider imposes for a diagnostic visit.
(E) A telecommunications provider shall address a customer’s inquiry at the time a customer calls to ask billing or service questions. Upon a customer’s request, the telecommunications provider shall discontinue any sales discussion. A telecommunications provider shall not engage in sales practices when a customer calls to report service problems and/or to make payment arrangements, until the telecommunications provider first confirms that it has completely responded to the customer’s concern(s).
(F) Payphone service providers shall provide payphone service in accordance with 47 C.F.R. 64.1300 to 64.1340, as effective on the date referenced in paragraph (F) of rule 4901:1-5-02 of the Administrative Code.
APPENDIX
SECTION I
INTRODUCTION — CUSTOMER RESPONSIBILITY AND OPTIONS
A LEC shall be required to inform its customers, in detail, of the customer rights, responsibilities, and options concerning the repair and maintenance of inside wire and customer premise equipment (CPE). Specifically, companies shall inform their customers, in plain English, of the definition of inside wire and CPE, and further inform customers of their responsibilities concerning the maintenance of inside wire and CPE. Subscribers shall also be informed of their options concerning the maintenance and repair of inside wire. Such options include the following: the subscribers may repair the wire, the subscribers may hire an independent contractor to provide the service, the subscribers may hire the LEC to repair the wire on a time and materials basis, or the subscribers may enroll in a LEC-provided maintenance plan. Furthermore, this notice must inform subscribers of the LEC’s obligation to repair, at no charge, service difficulties not associated with CPE or inside wire. If pertinent, the LEC must explain that its maintenance agreement does not provide coverage for the repair of inside wire installed by a non-LEC entity not in accordance with Part 68 of the FCC Rules and Regulations and the National Electric Code. Finally, the LEC shall explain that responsibility for the maintenance of inside wire is left to individual agreements or contracts between landlords and their tenants, in addition to the application of local property law. Therefore, tenants should be advised to contact their landlord first for repair service, prior to contacting the company.
SECTION II
NETWORK INTERFACE DEVICES (NIDS)
Each LEC, in this portion of its notice, shall be required to inform its customers of the probable location of a NID, if one is present, and its proper use to identify service difficulties to the customer’s side of the demarcation point. The notice shall also explain, in detail, that a NID creates a defined point of demarcation between the network and inside wire and, when utilized properly, will assist the subscriber in determining if service difficulties exist in the inside wire without incurring a diagnostic charge from the LEC. The notice must explain where the NID is potentially located in both multi-unit and single-unit dwellings and should recommend that the multi-unit subscriber contact his or her landlord regarding specific NID location. Finally, customers shall be informed, in this section of the customer notice, that if they do not have a NID and desire one, they may install a NID themselves or hire the LEC or an independent contractor to install one for them. The customers should be informed that if they choose to install the NID themselves, they will be responsible for the proper installation and maintenance in accordance with the FCC’s Rules and Regulations.
SECTION III
CUSTOMER TROUBLE REPORTS
Each LEC, in this section of its customer notice, shall be required to inform customers that if a NID is not in place and the LEC’s customer cannot ascertain with certainty that the service difficulty is located on the customer’s side of the demarcation point, the LEC is required to come to the home at no charge to diagnose the problem, and is further required to install a NID at no charge during this premise visit unless the customer objects to the installation. Finally, the LEC is required to reiterate to customers the repair option (i.e., repair the problem themselves, hire an independent contractor, or pay the local exchange company to repair the inside wire service difficulty).
Replaces: 4901:1-5-09, part of 4901:1-5-07
Effective: 01/01/2008
R.C. 119.032 review dates: 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.231
Rule Amplifies: 4905.231
Prior Effective Dates: 10/17/77, 12/31/88, 7/7/97, 10/25/01
(A) Telecommunications providers shall apply reasonable and nondiscriminatory creditworthiness standards for customers to establish service consistent with Chapter 4901:1-17 of the Administrative Code. Telecommunications providers may rely on pertinent information obtained from credit reporting bureaus in determining whether creditworthiness need be established.
(B) Telecommunications providers requiring deposits for residential customers (in addition to the requirements in Chapter 4901:1-17 of the Administrative Code) and small business customers must choose from one of the methods below for calculating deposits. Deposit requirements must be uniformly applied to all residential and small business customers who are assessed a deposit. Deposits must conform to the following requirements:
(1) Cash deposits are not to exceed two hundred thirty per cent of one of the following:
(a) The estimated average monthly bill for the individual customer’s regulated services for the ensuing twelve months.
(b) The customer’s average monthly bill based upon the customer’s service account billing history for the same recurring regulated charges for the class of service seeking to be established with the telecommunications provider.
(c) The telecommunications provider’s tariffed statewide average monthly bill (deposit amount) for residential or small business customer service for local, long distance, or packaged service.
(2) Telecommunications providers may require toll caps in lieu of, or in combination with, a deposit for new or existing residential and small business customers to enable them to maintain or establish their creditworthiness so long as the terms and conditions are disclosed to the customer prior to initiation of the toll cap and are set forth in a commission-approved tariff. The terms and conditions under which a toll cap is imposed, including the steps that the customer must take to have the toll cap removed, must be in writing and provided to the customer at the time a toll cap is imposed.
(3) A telecommunications provider may enforce the credit and deposit policies of another telecommunications provider pursuant to a contract obligating it to do so.
(C) For purposes of this rule only, telecommunications providers in possession of customer proprietary network information shall protect customer information in accordance with 47 U.S.C. 222 and in accordance with the rules and procedures prescribed by the federal communications commission at 47 C.F.R. 64.2001 to 64.2011, as effective on December 10, 2007.
(D) Telecommunications providers that furnish credit information acquired from their own experiences with customers to consumer reporting agencies must comply with the same requirements that consumer reporting agencies follow when issuing credit reports, within the meaning of the federal Fair Credit Reporting Act.
Replaces: 4901:1-5-13
Effective: 01/01/2008
R.C. 119.032 review dates: 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.231
Rule Amplifies: 4905.231
Prior Effective Dates: 10/17/77, 12/31/88, 7/7/97, 10/25/01
(A) Telecommunications providers shall comply with all of the enrollment requirements set forth in this rule and use only positive enrollment when enrolling customers or contracting with customers.
(B) When enrolling new or existing customers in regulated service(s) not provided by contract, telecommunications providers shall clearly disclose:
(1) An estimate of the initial bill.
(2) That a welcome letter containing a more detailed explanation of the telecommunications provider’s services will be mailed within ten business days and that the customer has thirty days from the postmark to call with any changes to that initial service to avoid any additional service charges.
(3) If the customer is residential, the local exchange carrier (LEC)_shall also disclose:
(a) The availability of program-based or income-eligible telephone assistance programs for residential customers.
(b) When establishing new basic local exchange service (BLES), before marketing other services, the price of stand-alone BLES for that customer if that service is available from the LEC.
(c) When establishing new BLES, the customer’s option of dividing any regulated local service establishment fees over three billing periods.
(C) Telecommunications providers, when enrolling over the internet new or existing customers in regulated service(s) not provided by contract, in addition to the other requirements of this rule, shall:
(1) Obtain the customer’s consent to such enrollment by encrypted customer input on the telecommunications provider’s internet web site in a format retrievable by the telecommunications provider.
(2) Provide the customer with the ability to exit the enrollment process and avoid enrollment at each step prior to its completion.
(3) Assign a unique enrollment confirmation number to the customer upon successful completion of the internet enrollment process.
(4) Provide the customer the option to print a complete description of the service ordered, the price, terms, and conditions of service.
(D) Customers enrolling in or changing a regulated service not provided by contract shall be allowed to change or switch the service ordered at least one time after that service is initiated without incurring any charge to make that change or switch, so long as the change or switch is made within thirty days of the postmark of the welcome letter corresponding to the customer’s original service order. This does not preclude the company from charging for the original service establishment charges for the period such service was used, any special construction charges, and usage charges.
(E) Telecommunications providers shall, within ten business days of successful completion of enrollment of a new or existing customer in regulated service not provided by contract, send to the involved customer a welcome letter by mail (or e-mail if the customer enrolled over the internet). The welcome letter shall include an explanation of the services ordered, in conformance with the requirements of paragraph (B) of rule 4901:1-5-04 of the Administrative Code. The letter shall also include the following statements:
“If you believe that this does not accurately reflect the service you ordered, you should contact the company immediately or no later than thirty days from the date of this letter, at (company contact information).”
“If you have a complaint that is not resolved after you have called your phone company, or for general utility information, residential and business customers may contact the Public Utilities Commission of Ohio for assistance at 1-800-686-7826 (toll free) or for TTY at 1-800-686-1570 (toll free) from 8:00 a.m. to 5:00 p.m. weekdays, or at www.puco.ohio.gov.”
If the customer is subscribing or changing residential service, the welcome letter shall also include the following statement:
“Residential customers may also contact the Ohio Consumers’ Counsel for assistance with complaints and utility issues at 1-877-742-5622 (toll free) from 8:00 a.m. to 5:00 p.m. weekdays, or at www.pickocc.org.”
(F) Telecommunications providers when enrolling a new or existing customer in regulated service provided by contract shall ensure that the contract clearly and conspicuously discloses the following information:
(1) The start date and the termination date of the contract.
(2) A description of cancellation options and any time limitations for exercising cancellation options. This shall include:
(a) A description of the conditions under which the contract may be canceled, and the process for canceling the contract. The methods for canceling a contract shall include whatever method (e.g., telephone, internet, and in writing) was used by the customer to complete the enrollment process.
(b) The start and end date of any applicable period during which the contract may be canceled without penalty or early termination liability.
(3) When early termination liability fees are part of the contract, the following statement must be conspicuously included in the written disclosure provided to the customer:
“Inclusion of early termination liability by the company in its tariff or contract does not constitute a determination by the Public Utilities Commission of Ohio (PUCO) that the termination liability imposed by the company is approved or sanctioned by the PUCO. Customers shall be free to pursue whatever legal remedies they may have, should a dispute arise.”
(4) A statement identifying the services, if any, provided under the contract that are not subject to the jurisdiction of the commission.
(G) A contract between a telecommunications provider and a customer that contains a clause that subjects the customer to liability for early termination may not be automatically renewed at the end of its stated term, unless the telecommunications provider furnishes the customer with written notice. Written notice must be sent to the customer between forty-five and ninety days prior to the expiration of the customer’s contract. The written notice shall boldly and conspicuously contain the following information:
(1) The date upon which the existing contract renews.
(2) A description of the specific action that the customer must take prior to the expiration date of the existing contract, to prevent the contract from being renewed automatically at the end of its stated term.
(3) A clear, detailed description of any changes in the contract terms, conditions, and price that will occur should the contract be automatically renewed at the end of its stated term.
(4) Such written notice, in order to be valid, shall be provided to the customer in a separate mailing or conspicuously placed on a bill message or bill insert. The front cover of the envelope containing the notice shall include the following statement:
“Important notice regarding the automatic renewal of your telephone service contract.”
Replaces: part of 4901:1-5-07
Effective: 01/01/2008
R.C. 119.032 review dates: 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.231
Rule Amplifies: 4905.231
Prior Effective Dates: 10/17/77, 12/31/88, 7/7/97, 10/25/01
(A) Telecommunications provider’s bills shall be accurate and readable, and provide a description of all services rendered and all billed charges. Customer bills shall be rendered at regular monthly intervals unless the customer and the company agree otherwise.
(B) Telecommunications provider’s bills shall accurately identify all charges, fees, and taxes so they are clear and not misleading and consistent with the requirements of 47 C.F.R. 64.2401, as effective on the date referenced in paragraph (F) of rule 4901:1-5-02 of the Administrative Code. Bill content shall include the following information:
(1) The telecommunications provider’s name and toll-free telephone number. For customers accessing their bills only by e-mail or internet, the telecommunications provider may comply with this requirement by providing an e-mail or web site address on the bill. If more than one telecommunications provider or other company utilizes the bill, the customer must have adequate information to contact the other providers and companies on the bill. Any charges must be separated by service provider and company.
(2) A brief, clear, accurate description of all services rendered and charges due, including but not limited to current charges, past due amounts, late fees, and credits.
(3) The customer’s name, billing address, and telephone or account number(s).
(4) The date the bill was issued, the beginning and end dates for which the service was provided and the date the payment is due.
(5) Call detail, provided free of charge, regarding the calls made and minutes used, if exceeding the amount allowed in a package.
(6) An itemized list of taxes and government-mandated surcharges, grouped and labeled in a separate area of the bill reserved only for those charges.
(7) A statement that customers with bill questions or complaints should contact the telecommunications provider first, as well as the following text:
“If your complaint is not resolved after you have called (name of the utility), or for general utility information, residential and business customers may contact the Public Utilities Commission of Ohio for assistance at 1-800-686-7826 (toll free) or for TTY at 1-800-686-1570 (toll free) from 8:00 a.m. to 5:00 p.m. weekdays, or at www.puco.ohio.gov.”
For residential bills the text shall also include:
“Residential customers may also contact the Ohio Consumers’ Counsel for assistance with complaints and utility issues at 1-877-742-5622 (toll free) from 8:00 a.m. to 5:00 p.m. weekdays, or at www.pickocc.org.”
(C) Customer bills and payments shall be due no earlier than fourteen calendar days from the postmark on the bill, and shall be considered received for purposes of crediting the customer’s account on the same business day that the customer’s payment is received by the telecommunications provider or its authorized payment agent. Authorized payment agent fees shall not exceed more than two dollars per transaction for processing payments by cash, check or money order. Bills may be rendered in electronic format if available and if the customer affirmatively chooses.
(D) Residential customer late payment fees may be assessed if approved by the commission and shall comply with the following:
(1) Late fees may only be applied to regulated charges not paid at least nineteen days after the postmark on the bill.
(2) Late payment fees may not be applied to the following:
(a) Any portion of the bill that is in bona fide dispute.
(b) Any previous late payment fees included in the amount due.
(c) Service establishment charges for lifeline services.
Replaces: 4901:1-5-15
Effective: 01/01/2008
R.C. 119.032 review dates: 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.231
Rule Amplifies: 4905.231
Prior Effective Dates: 10/17/77, 12/31/88, 7/7/97, 10/25/01
(A) Local exchange carriers (LEC) shall address service and repair issues in a reasonable manner.
(B) LECs shall provide service under the following guidelines:
(1) Offer customers a four-hour or shorter appointment window to install or repair service if the customer must be on-premise for the appointment, unless a more specific time is agreed upon.
(2) Keep repair commitments and installation and repair appointments and specify a “not later than” time for repair commitments.
(3) Install local service within five business days of receiving a customer order for new access line service, unless the customer requests or agrees to a later date.
(4) Accept out-of-service or service affecting trouble reports from customers twenty-four hours a day seven days a week.
(5) Clear out-of-service trouble reports within twenty-four hours of receipt of the report, excluding Sundays and holidays.
(6) Clear service-affecting trouble reports within forty-eight hours of receipt of the report, excluding Sundays and holidays.
(7) Install a network interface device (NID) at the time of a residential or small business customer’s premise visit if one is lacking, at no charge to the customer. In the event a NID is not in place, LEC premise visits for the purpose of determining whether service difficulties exist with network wire or inside wire shall be provided free of charge to the subscriber.
(C) LECs, which do not comply with paragraph (B) of this rule, shall make adjustments to residential and small business customer charges, including crediting or waiving charges and applicable taxes, surcharges and fees, in accordance with the following:
(1) One full month of the customer’s regulated local service charges for any local services rendered inoperative, if the customer is out of service in excess of seventy-two hours. The length of the outage must be computed on a continuous basis, Saturdays, Sundays, and holidays included.
(2) An amount equal to at least one-half of one month’s customer’s regulated service charges for local services rendered inoperative for failure to meet a repair commitment or repair appointment.
(3) An amount equal to at least one-half of the customer’s regulated nonrecurring installation charges, for new local service and any associated features for failure to install new local service within five business days of a customer’s application for local service or by the date requested or agreed to by the customer, if greater than five business days.
(4) An amount equal to the customer’s total regulated nonrecurring installation charges for new local service and any associated features for failure to install new local service within ten business days of a customer’s application for local service or by the date requested or agreed to by the customer, if greater than ten business days.
(5) An amount equal to at least one-half of the customer’s regulated nonrecurring installation charges for new local service and any associated features for failure to meet an installation appointment, unless the LEC provides the customer at least twenty-four hours notice of its inability to meet the scheduled appointment. This adjustment for missing an installation appointment shall be separate from the adjustments for failing to timely install new service.
(6) Credit for the equivalent of not less than three months regulated local service charges for failure to list or listing incorrectly a customer’s telephone number in the white pages of the telephone directory so long as the error is not the result of the customer’s actions. The subscriber shall be given the option of taking the credit or pursuing other remedies.
(7) The adjustments listed above concerning out-of-service and repair commitments are not applicable if the condition or failure to repair occurs as a result of:
(a) A customer’s negligent or willful act.
(b) Malfunction of customer-owned telephone equipment or inside wire.
(c) Military action, war, insurrection, riot or strike.
(d) Customer missing a repair appointment.
(8) The adjustments listed above concerning installation of new local service are not applicable if the condition occurs as a result of any of the following:
(a) A customer or applicant has not met pertinent tariff requirements.
(b) The need for special equipment or service.
(c) Military action, war, insurrection, riot or strike.
(d) The customer missing an installation appointment.
(D) LECs may be permitted by the commission to obtain a grace period of an additional forty-eight hours in each exchange where otherwise a customer adjustment would accrue pursuant to paragraph (C) of this rule, due to an extreme, unique, or unforeseeable weather-related incident.
(1) A grace period may be requested by a LEC per affected exchange by filing a request for a waiver of paragraph (C) of this rule within ten business days of the weather-related incident. A grace period may be requested due to either:
(a) At least a three hundred per cent increase in the number of out-of-service reports as compared to the average number of out-of-service reports for the affected month(s) of the three previous years.
(b) Any declaration of a state of emergency by the governor or a duly authorized county official for the county in which the exchange is located.
(2) Exchanges with ten or fewer daily out-of-service reports during the requested grace period are not eligible for this grace period.
(3) Supplemental documentation sufficient to justify the request for the grace period shall be filed within thirty days of the initial grace period request.
(4) If the commission or an attorney examiner appointed by the commission does not act to suspend or reject the request for a grace period within forty-five days of the filing of the request, the request for the grace period will be presumed granted.
(E) When it is confirmed that a telecommunications provider has undercharged or overcharged any customer as a result of a miscalculation, inaccuracy, billing or other continuing problem under the telecommunications provider’s control or under the control of the entity for whom the telecommunications provider is billing charges:
(1) The maximum portion of the undercharge that may be recovered from the customer in any billing month, based on the appropriate rates, shall be determined by dividing the amount of the undercharge by the number of months of undercharged or unbilled service, unless the customer agrees to alternative payment arrangements.
(2) The total overcharged and accrued interest, at a rate of at least five per cent per annum, shall be reimbursed to the customer within two billing periods after the propriety of the reimbursement is confirmed.
(3) The adjustment for an overcharge shall be in the form of either a direct payment to the customer or a credit to the customer’s account within the next two billing periods.
Replaces: 4901:1-5-16
Effective: 01/01/2008
R.C. 119.032 review dates: 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.231
Rule Amplifies: 4905.231
Prior Effective Dates: 10/17/77, 123/31/88, 7/7/97, 10/25/01
(A) Telecommunications providers, in the course of submitting or executing a change on behalf of a subscriber in the selection of a telecommunications provider, shall obtain authorization from the subscriber and verification of that authorization in accordance with the rules and procedures prescribed by the federal communication commission (FCC) at 47 C.F.R. 64.1100 to 64.1170, as effective on the date referenced in paragraph (F) of rule 4901:1-5-02 of the Administrative Code. For purposes of this rule, the term “subscriber” has the same meaning as it does within the context of the rules and procedures prescribed by the FCC.
(B) The submitting telecommunications provider shall maintain and preserve records of verification of a subscriber’s authorized switch of telecommunications providers in accordance with the rules and procedures prescribed by the FCC.
(C) Any telecommunications provider that is informed by a subscriber or the commission of an unauthorized provider change shall follow the informal complaint procedures and remedies prescribed by the FCC for the resolution of informal complaints of unauthorized changes of telecommunication providers.
(D) The commission, upon complaint by any person or its own initiative, has jurisdiction under section 4905.26 of the Revised Code, concerning any violation of this rule and may order remedies as delineated under the rules and procedures prescribed by the FCC and in effect at the time of the violation, as well as to enforce the duties and remedies provided for under sections 4905.72 and 4905.73 of the Revised Code.
(E) A telecommunications provider shall only offer a preferred carrier freeze (PCF), in accordance with the rules and procedures prescribed by the FCC.
(F) All telecommunications providers that offer PCFs shall be required to refrain from attempting to retain a customer’s account during the process of changing a customer’s preferred carrier selection, or otherwise to provide such information to its marketing staff or any affiliate.
Replaces: 4901:1-5-08
Effective: 01/01/2008
R.C. 119.032 review dates: 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.231
Rule Amplifies: 4905.231
Prior Effective Dates: 10/17/77, 12/31/88, 7/7/97, 10/25/01
(A) Telecommunications providers shall disconnect customer service(s) only in accordance with this rule. Subject to the provisions of this rule, customers may be disconnected from a telecommunication provider’s service(s) for the nonpayment of past due charges.
(B) Where two or more regulated services and/or regulated and unregulated services are offered together under a package price, a failure to timely pay the entire package price may render as past due the charges for all services included in the package and, as such, may result in disconnection of all services included in the package.
(C) If a customer is disconnected for nonpayment of past due charges, the incumbent local exchange carrier (ILEC) shall, upon request, reconnect the customer to stand-alone basic local exchange service (BLES) upon the customer’s payment of an amount sufficient to cover the ILEC’s tariffed rate for stand-alone BLES service, all associated taxes and government mandated surcharges (i.e., universal service fund and 9-1-1 service charges), and any applicable deposit and reconnection fee, and upon the customer entering into a payment arrangement for all unpaid regulated charges. If the customer is disconnected for nonpayment of past due charges, the local exchange carrier (LEC) may require the customer to pay the entire amount of all unpaid regulated charges, along with any applicable deposit and reconnection charges, prior to reconnecting service of any kind to the customer other than stand-alone BLES.
(D) Telecommunications providers shall not disconnect any customer’s service for the nonpayment of a past due bill under any of the following conditions:
(1) Earlier than fourteen days after the customer’s account is past due.
(2) Without mailing a written notice of disconnection postmarked at least seven days prior to the date of disconnection. Such notice may be included on the customer’s next bill, provided the bill is postmarked at least seven days prior to the date of disconnection of service reflected on the bill, and provided that the disconnection language is clearly highlighted such that it stands apart from the customer’s regular bill language. Notice may be by e-mail if the customer agrees to electronic bills.
(3) After twelve-thirty p.m., if the possibility of service reconnection on the day following the disconnection is not made available to the customer by the telecommunications provider.
(4) Where a customer pays the company the total amount due, (or an amount agreed upon between the company and the customer) by the close of business on the disconnection date listed on the disconnection notice.
(E) A LEC may restrict long distance service to a customer who owes past due long distance charges to the LEC or to a provider on whose behalf the LEC is billing. The LEC shall not restrict a customer from establishing toll service with a different toll provider for whom it does not bill.
(F) A notice of disconnection for nonpayment shall include all of the following information:
(1) The earliest date disconnection may occur.
(2) Information sufficient for the customer to identify what services will be disconnected.
(3) The total dollar amount due to avoid disconnection which shall not exceed the past due amount for the service(s) subject to disconnection.
(4) The minimum dollar amount necessary to maintain basic local exchange service, if applicable.
(5) The address and toll-free telephone number of the office of the telecommunications provider that the customer may contact for more information on how and where to pay the customer’s account.
(6) A statement that payments to an unauthorized payment agent may result in the untimely or improper crediting of the customer’s account.
(7) A statement identifying if a reconnection fee and/or deposit may apply.
(8) The following statement:
“If you have a complaint in regard to this disconnection notice that cannot be resolved after you have called (name of utility), or for general utility information, residential and business customers may contact the Public Utilities Commission of Ohio for assistance at 1-800-686-7826 (toll free) or for TTY at 1-800-686-1570 (toll free) from 8:00 a.m. to 5:00 p.m. weekdays, or at www.puco.ohio.gov.”
(9) If the account is residential, the following statement:
“Residential customers may also contact the Ohio Consumers’ Counsel for assistance with complaints and utility issues at 1-877-742-5622 (toll free) from 8:00 a.m. to 5:00 p.m. weekdays, or at www.pickocc.org.
(G) A telecommunications provider must notify, or attempt to notify through reasonable means, a customer before service is refused or disconnected when any of the following conditions exist:
(1) When the customer violates or fails to comply with their contract with the telecommunications provider or telecommunications provider’s tariff(s).
(2) When telephone service to a customer violates any law of this state or any political subdivision thereof, or any federal law or regulation.
(3) When the landlord of a customer, the tenant/customer, or a consumer refuses to allow the telecommunications provider access to its facilities or equipment on the customer’s property or property leased by the customer.
(4) When the customer is suspected of engaging in any fraudulent action to obtain or maintain telephone service.
(H) No notice is required prior to disconnection and a telecommunications provider may disconnect the customer for any of the following reasons:
(1) Tampering with a telecommunications provider’s property.
(2) A use or misuse of telephone service or equipment which adversely affects telephone service to other customers.
(3) In order to eliminate, mitigate or avoid a safety hazard to customers or their premises, to the public, or to the telecommunications provider’s personnel or facilities.
(I) Regulated telecommunications services may not be refused or disconnected to any service applicant or customer for any of the following reasons:
(1) Failure to pay for residential service furnished to a former customer unless the former customer and the new applicant for service continue to be members of the same household.
(2) Failure to pay for a different class of service. Residential service may not be denied or disconnected for nonpayment of a nonresidential account.
(3) Failure to pay any amount which is in bona fide dispute. The telecommunications provider may not disconnect service if the customer pays either the undisputed portion of the bill or where the disputed amount is in question, the customer pays the amount paid for the same billing period in the previous year.
(J) Unless prevented by circumstances beyond the telecommunications provider’s control or unless a customer requests otherwise, each telecommunications provider shall reconnect previously disconnected service by five p.m. on the next business day upon any of the following:
(1) Receipt by the telecommunications provider or its authorized payment agent of the full amount in arrears for which service was disconnected including any applicable deposit and reconnection fee.
(2) Verification by the telecommunications provider that the conditions which warranted disconnection of service have been eliminated.
(3) Agreement by the telecommunications provider and the customer on a deferred payment plan and a payment, if required, under the plan.
(K) A telecommunications provider may not insist upon payment of any amount that has not been included on a notice of disconnection as a prerequisite to restoring service under this rule. The telecommunications provider shall inform the customer of the amount to avoid disconnection and/or, if applicable, the amount to retain basic local exchange service, whenever discussing a pending disconnection with a customer.
(L) Each facilities-based LEC shall maintain access to 9-1-1 emergency services on a residential customer’s line for a minimum of fourteen days if a customer’s service is disconnected for nonpayment of a past due charge(s).
(M) Any customer reconnecting service in the period of time used by the facilities-based LEC to comply with paragraph (K) of this rule shall be treated as a reconnection and not as a new customer establishing new service.
(N) If a customer or member of the customer’s household demonstrates that disconnection of service would be especially dangerous to his/her health, the LEC must consider this circumstance when offering extended payment arrangements to avoid disconnection. Payment arrangements shall be offered regardless of the credit class of the customer.
Effective: 02/01/2009
R.C. 119.032 review dates: 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.231
Rule Amplifies: 4905.231
Prior Effective Dates: 10/17/77, 12/31/88, 7/7/97, 10/25/01, 6/1/08
(A) Telecommunications providers shall have available for auditing or inspection by commission staff sufficient records to verify the telecommunications provider’s compliance with this chapter in accordance with the following requirements:
(1) Maintain records for at least eighteen months, unless otherwise specified by the commission.
(2) Maintain access to records and business activities including such records and activities as would allow the commission staff to effectively monitor Ohio-specific customer calls made to the telecommunications provider. Access includes the ability of commission staff to adequately monitor telecommunications provider customer call center interactions with Ohio customers either at a location in Ohio or in a manner agreed to by the commission staff. Telecommunications providers, if requested, shall provide access to monitor customer calls without the customer service representative’s knowledge of the monitoring.
(3) Maintain, and upon commission staff request, provide records of sufficient detail to permit review of the telecommunications provider’s compliance with the rules of this chapter, including but not limited to service performance, results of service-related tests and an analysis of such results. Upon request, the telecommunications providers shall provide data or information in a format agreed upon by the commission staff.
(B) Failure of a telecommunications provider to maintain or, upon commission staff request to provide records required by this rule shall create a rebuttable presumption that the telecommunications provider failed to comply with the requested rule.
(C) Telecommunications providers shall establish customer complaint resolution procedures that comply with all of the following requirements:
(1) Provide commission staff with a company contact, including a toll free number and an e-mail address, for complaint resolution.
(2) Report the status of a complaint to the affected customer and/or commission staff within ten business days of the receipt of a customer complaint, or at any time upon staff request.
(3) Report the interim status of the complaint at five business day intervals to the customer and/or the commission staff (after the initial ten business day timeframe) if the complaint is not resolved within ten business days, unless otherwise agreed to by the customer and/or staff. If the resolution of the complaint is conveyed orally, the telecommunications provider shall inform the customer of his/her right to receive from the telecommunications provider the final resolution of the complaint in writing.
(4) Provide the customer the commission’s toll-free number, address, and e-mail address if the customer disputes the complaint resolution.
Replaces: 4901:1-5-03, part of 4901:1-5-05
Effective: 01/01/2008
R.C. 119.032 review dates: 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.231
Rule Amplifies: 4905.231
Prior Effective Dates: 10/17/77, 12/31/88, 7/7/97, 10/25/01
(A) Each facilities-based local exchange carrier (LEC) shall adequately maintain its facilities in accordance with nationally recognized and industry standards.
(B) Each facilities-based LEC shall establish, follow, and maintain documented programs, procedures, policies, and schedules for the inspection, maintenance, repair, and replacement of its inside and outside plant facilities.
(C) Each facilities-based LEC shall, upon request by commission staff, submit the company’s plan for the inspection, maintenance, repair, and replacement of its facilities. Commission staff shall be notified by the facilities-based LEC of any material revisions to previously submitted plans and such revisions shall be provided to commission staff upon request.
Replaces: 4901:1-5-18, part of 4901:1-5-20
Effective: 01/01/2008
R.C. 119.032 review dates: 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.231
Rule Amplifies: 4905.231
Prior Effective Dates: 10/17/77, 12/31/88, 7/7/97, 10/25/01
(A) Each facilities-based local exchange carrier (LEC) shall design, operate, and maintain its facilities to continue to provide customers with the ability to originate and receive calls at all times.
(B) Each facilities-based LEC shall submit, within two hours of discovery, to the commission’s outage coordinator and when appropriate, the news media in the affected area, a notification that it has experienced an outage, whenever that outage occurs on any facility that it owns, operates, leases or otherwise utilizes and is both:
(1) Expected to last for a period in excess of thirty minutes.
(2) Potentially affects at least nine hundred thousand user minutes in the incumbent local calling area.
(C) Each facilities-based LEC shall report, by telephone or electronic means, a disruption of 9-1-1 services, which impairs 9-1-1 service within a given county 9-1-1 system, immediately to each county 9-1-1 public safety answering point, to the Ohio 9-1-1 coordinator, and to the news media in the affected area, when appropriate.
(D) Each facilities-based LEC experiencing a loss of communications or selective routing to a public safety answering point, as a result of an outage described under paragraphs (B) and (C) of this rule, shall also notify, as soon as possible, by telephone or electronic means, any official who has been designated by the management of the affected 9-1-1 facility as the LEC’s contact person for communication outages at that facility; and the LEC shall convey to that person all available information that may be useful to the management of the affected facility in mitigating the effects of the outage on efforts to communicate with that facility.
(E) Each facilities-based LEC experiencing an outage described under paragraphs (B) and (C) of this rule, shall electronically submit to the commission’s outage coordinator the following information:
(1) A notification that it has experienced a outage, which shall include the name of the reporting entity, the date and time of the onset of the outage, a brief description of the problem, the particular service affected, the geographic area affected by the outage, the number of customers affected, an estimate of when the service, including 9-1-1, will be restored, and a contact name and telephone number by which the commission’s outage coordinator may contact the reporting entity.
(2) Not later than seventy-two hours after discovering the outage, an initial communications outage report, which shall include all pertinent information then available on the outage and shall be submitted in good faith.
(3) Not later than thirty days after discovering the outage, the provider shall submit electronically a final communications outage report, which shall include all pertinent information on the outage, including any information that was not contained in, or that has changed from that provided in, the initial report.
(F) Each facilities-based LEC shall develop, implement, and maintain an emergency plan and make it available for review by commission staff. The plan shall include, but not be limited to, all of the following:
(1) Procedures for maintaining and annually updating a list of those customers who have subscribed to the federal telecommunications service priority program, as identified in 47 C.F.R. 64, appendix A, as effective on the date referenced in paragraph (F) of rule 4901:1-5-02 of the Administrative Code.
(2) Procedures for priority treatment in restoring out-of-service trouble of an emergency nature for customers with a documented medical or life-threatening condition.
(3) In addition to the telecommunications service priority program, each LEC shall develop policies and procedures regarding those customers who require priority treatment for out-of-service clearance. Such procedures shall include a table of restoration priority, including, but not limited to, subscribers such as police and fire stations, hospitals, key medical personnel, and other utilities.
(4) Procedures for restoring service to priority critical facilities customers.
(5) Identification and annual updates of all of the facilities-based LEC’s critical facilities and reasonable measures to protect its personnel and facilities.
(6) Assessments and evaluations of telecommunications facilities available to provide back-up service capabilities.
(7) Procedures for after action assessments and reporting following activation of any part of the emergency plan. An after action report will be written and will include lessons learned, deficiencies in the response to the emergency, and deficiencies in the emergency plan.
(8) A current list of the names and telephone numbers of the facilities-based LECs’ emergency service personnel to contact and coordinate with in the event of any real or anticipated local or national threats to its ability to provide telecommunication service.
(9) A current list of the names and telephone numbers of the facilities-based LEC’s emergency service personnel that is made available to the commission’s emergency coordinator, upon request.
(10) A continuity of operations plan to assure continuance of minimum essential functions during a large scale event in which staffing is reduced. Such plans shall provide for:
(a) Plan activation triggers such as the world health organization’s pandemic phase alert levels, widespread transmission within the United States, or a case at one or more locations within Ohio.
(b) Identification of a pandemic coordinator and team with defined roles and responsibilities for preparedness and response planning.
(c) Identification of minimal essential functions, minimal staffing required to maintain such essential functions, and personnel resource pools required to ensure continuance of those functions in progressive stages associated with a declining workforce.
(d) Identification of essential employees and critical inputs (e.g., raw materials, equipment, suppliers, subcontractor services/products, and logistics) required to maintain business operations by location and function.
(e) Policies and procedures to address personal protection initiatives.
(f) Policies and procedures to maintain lines of communication with the public utilities commission of Ohio during a declared emergency.
(G) Each facilities-based LEC shall amend its emergency plan in accordance with the findings identified in the after action assessment report required under paragraph (F)(7) of this rule.
Replaces: 4901:1-5-19
Effective: 01/01/2008
R.C. 119.032 review dates: 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.231
Rule Amplifies: 4905.231
Prior Effective Dates: 10/17/77, 12/31/88, 7/7/97, 10/25/01
Rescinded eff 1-1-08
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