4901:1-7-05 Rural carrier suspensions and modifications.

(A) If an incumbent local exchange carrier (ILEC), serving fewer than two per cent of the nation’s subscriber lines installed in the aggregate, seeks a suspension or modification of any portion or portions of 47 U.S.C. 251(b) or (c), as effective in paragraph (A) of rule 4901:1-7-02 of the Administrative Code, as a rural carrier, it must file a UNC application with the commission within fifteen calendar days of receiving a bona fide request for interconnection.

(B) Such application must set forth with particularity the provision or provisions from which the rural carrier seeks suspension or modification. The commission shall act within one hundred eighty calendar days after receiving such application. The burden of proof regarding the suspension or modification rests upon the rural carrier.

(C) Pending such action, the commission may suspend enforcement of any requirement to which the application applies with respect to the requesting local exchange carrier. The commission may also consider such request in the context of filings pursuant to sections 4905.24, 4927.03, and/or 4927.04 of the Revised Code.

(D) In determining whether a suspension or modification is warranted, the commission will consider the following:

(1) Is the proposed suspension or modification necessary in order:

(a) To avoid a significant adverse economic impact on users of telecommunications services generally.

(b) To avoid imposing a requirement that is unduly economically burdensome.

(c) To avoid imposing a requirement that is technically infeasible.

(2) Is the proposed suspension or modification consistent with the public interest, convenience, and necessity.

Effective: 11/30/2007

R.C. 119.032 review dates: 11/30/2012

Promulgated Under: 111.15

Statutory Authority: 4901.13

Rule Amplifies: 4901.13