4901:1-6-26 Abandonment.

(A) A telephone company seeking to abandon entirely telecommunications service in this state, including its tariff and certificate of public convenience and necessity, shall not abandon the service(s) it provides under a certificate without filing an abandonment application (ABN) to abandon service and to cancel its certificate of operation.

(B) Abandonment applications shall be filed at least thirty days prior to the effective date that the telephone company will cease providing service. The application shall include copies of any notices provided pursuant to paragraphs (C) to (D) of this rule, as well as an affidavit verifying that the customer notice was provided to affected customers, and shall include the list pursuant to paragraph (J) of this rule.

(C) At least thirty days prior to abandoning operations, a telephone company shall provide written notice of its intent to cease providing service to any telephone company from which the applicant obtains wholesale services.

(D) At least thirty days prior to abandoning operations, a telephone company shall provide written notice of its intent to abandon service to its retail customers and wholesale customers, and to any telephone company wholesale provider of its services, if applicable, consistent with rule 4901:1-6-07 of the Administrative Code. If the telephone company does not have any retail customers at the time it seeks to abandon service and cancel its certificate, customer notice to retail customers is not required with its application.

(E) A telephone company abandoning operations shall return all deposits, including applicable interest, to its customers no later than ninety days after filing its abandonment application unless a court of competent jurisdiction orders otherwise.

(F) If the commission does not act upon the application within thirty days of the filing date, a telephone company's application will be approved in accordance with the thirty-day automatic approval process described in rule 4901:1-6-05 of the Administrative Code and its certificate of public convenience and necessity will be canceled.

(G) This rule does not apply to basic local exchange service provided by an incumbent local exchange carrier.

(H) An abandoning telephone company may not discontinue services provided to any customer or telephone company until the abandonment application has been approved by the commission.

(I) No telephone company may discontinue services provided to a local exchange carrier (LEC) that has filed an application to abandon service prior to the commission ruling on such application to abandon service.

(J) Where applicable, the LEC abandoning operations shall provide a list of its assigned area code prefix(es) or thousands block(s) including any proposed dates or timelines, due to its abandonment proceedings, wherein the LEC's area code prefix(es) or thousands block(s) would be reassigned to another carrier and/or returned to the North American numbering plan administrator or pooling administrator.

Effective: 01/20/2011
R.C. 119.032 review dates: 11/30/2015
Promulgated Under: 111.15
Statutory Authority: 4927.03
Rule Amplifies: 4927.07