4901:1-6-07 Suspensions.

(A) Nothing contained within this chapter shall in any way preclude the commission, legal director, deputy legal director, or attorney examiner from imposing a full or partial suspension of any process herein or tariff approved pursuant to this chapter. Under this rule, a telephone company may be required to discontinue provision of the affected service(s), or under partial suspension, cease offering the affected service(s) to new customers, or take other actions with regard to the affected service(s) as the commission may require.

(B) A pending application under full or partial suspension will be automatically approved sixty days from the date of suspension if all issues are resolved. If all issues are not resolved by the sixtieth day, the application will be either dismissed by entry or suspended a second time. Any such second suspension shall be accompanied by notice to the applicant explaining the rationale for the additional suspension. Applications under a second suspension cannot be approved without a commission entry or order.

(1) Under this paragraph, an application under full suspension is entirely precluded from taking effect.

(2) Under this paragraph, an application under partial suspension is permitted to take effect, in part or in its entirety, under the proposed terms and conditions, subject to further review by the commission. The applicant is put on notice that the commission, subsequent to further review, may modify the rates and/or terms and conditions affected by the application.

(C) A full or partial suspension may also be imposed, after an application has been approved under the automatic approval process or is subject to a zero-day notice filing, if an ex post facto determination is made that the tariff may not be in the public interest, or is in violation of commission rules and regulations.

Replaces: 4901:1-6-04

Effective: 09/18/2007

R.C. 119.032 review dates: 05/31/2012

Promulgated Under: 111.15

Statutory Authority: 4901.13

Rule Amplifies: 4901.13, 4927.03

Prior Effective Dates: 4/8/03