4901:1-6-02 Purpose and scope.

(A) The retail service rules set forth in this chapter, apply to incumbent local exchange carriers (ILEC) subscribing to a qualifying alternative regulation plan, competitive local exchange carriers (CLEC), and providers of competitive telecommunication services, unless otherwise specified in this chapter or commission order.

(B) The elective alternative regulation procedures set forth in Chapter 4901:1-4 of the Administrative Code offer electing ILECs the ability to opt into an off-the-shelf alternative regulation plan and thereby take advantage of the retail service flexibility afforded by these rules. Nothing herein forecloses an ILEC from proposing a company-designed alternative regulation plan. In the case of a company-designed alternative regulation plan, the commission will determine, in the context of an individual company proposal, whether a company-designed plan is a qualifying alternative regulation plan subject to the retail service flexibility set forth herein.

(C) Unless otherwise noted, a commercial mobile radio service provider is exempt from all retail service rules except rule 4901:1-6-15 of the Administrative Code.

(D) The commission may, upon its own motion or for good cause shown, waive any requirement, standard or rule set forth in this chapter.

(E) Any telephone company seeking a waiver(s) of rules contained in this chapter shall specify the period of time for which it seeks such a waiver(s), and a detailed justification in the form of a motion filed in accordance with rule 4901-1-12 of the Administrative Code.

(F) All waiver requests must be approved by the commission and will toll any automatic approval time frames set forth in rule 4901:1-6-08 of the Administrative Code.

(G) Each citation contained within this chapter that is made either to a section of the United States code or a regulation in the code of federal regulation is intended, and shall serve, to incorporate by reference the particular version of the cited matter that was effective on June 30, 2007.

Replaces: 4901:1-6-06

Effective: 09/18/2007

R.C. 119.032 review dates: 06/18/2007 and 05/31/2012

Promulgated Under: 111.15

Statutory Authority: 4901.13

Rule Amplifies: 4901.13, 4927.03

Prior Effective Dates: 4/8/03