This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
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| Rule |
Rule 4901:1-6-01 | Definitions.
Effective:
February 17, 2020
As used within this chapter, these terms denote the
following: (A) "Alternative operator services
(AOS)" means any intrastate operator-assisted services, other than inmate
operator services (IOS), in which the customer and the end user are totally
separate entities. The AOS provider contracts with the customer to provide the
AOS; however, the AOS provider does not directly contract with the billed party
to provide the services even though it is the billed party who actually pays
for the processing of the operator-assisted calls. AOS does not include
coin-sent calls. (B) "Alternative provider"
includes a telephone company, including a wireless service provider, a
telecommunications carrier, and a provider of internet-protocol enabled
services, including voice over internet protocol. (C) "Basic local exchange
service" (BLES) shall have the meaning set forth in division (A)(1) of
section 4927.01 of the Revised Code. (D) "Bundle or package of
services" shall have the meaning set forth in division (A)(2) of section
4927.01 of the Revised Code. (E) "Carrier access" shall have
the meaning set forth in division (A)(3) of section 4927.01 of the Revised
Code. (F) "Commission" means the
public utilities commission of Ohio. (G) "Competitive eligible
telecommunications carrier (CETC)" means a carrier, other than an
incumbent local exchange carrier, designated by a state commission as an
eligible telecommunications carrier. (H) "Competitive emergency services
telecommunications carrier (CESTC)" means a telephone company that is a
9-1-1 system service provider that with respect to a service area, that was not
an incumbent 9-1-1 system service provider on or after the date of enactment of
the Telecommunications Act of 1996 (1996 act) or its successor or assignee of
an incumbent local exchange. (I) "Competitive local exchange
carrier (CLEC)" means, with respect to a service area, any
facilities-based and nonfacilities-based local exchange carrier that was not an
incumbent local exchange carrier on the date of enactment of the 1996 act or is
not an entity that, on or after such date of enactment, became a successor or
assignee of an incumbent local exchange carrier. (J) "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 telephone company. For purposes of this chapter, customer
means a retail customer except where the term is specifically designated within
a rule to mean a wholesale customer of the telephone company. (K) "Eligible telecommunications
carrier (ETC)" means a carrier designated by a state commission as defined
in subpart C of FCC 47 C.F.R. 54.201. (L) "Exchange area" shall have
the meaning set forth in division (A) of section 4927.12 of the Revised
Code. (M) "Facilities-based CLEC"
means, with a respect to a service area, any local exchange carrier that uses
facilities it owns, operates, manages or controls to provide basic local
exchange services to consumers on a common carrier basis; and that was not an
incumbent local exchange carrier on the date of the enactment of the 1996 act.
Such carrier may partially or totally own, operate, manage or control such
facilities. Carriers not included in such classification are carriers providing
service(s) solely by resale of the incumbent local exchange carrier's
local exchange services. (N) "Federal poverty level"
shall have the meaning set forth in division (A)(4) of section 4927.01 of the
Revised Code. (O) "Flat rate" service means
unlimited number of local calls at a fixed charge. (P) "Incremental cost" means the additional cost
(expense) incurred by an ILEC to offer BLES to an additional subscriber,
excluding cost recovered through service establishment/installation charges,
over existing and/or new facilities. (Q) "Incumbent local exchange carrier (ILEC)"
shall have the meaning set forth in division (A)(5) of section 4927.01 of the
Revised Code. (R) "Inmate operator services (IOS)" means any
intrastate telecommunications service initiated from an inmate telephone, i.e.,
a telephone instrument set aside by authorities of a secured correctional
facility for use by inmates or juvenile offenders. (S) "Internet protocol-enabled services" shall
have the meaning set forth in division (A)(6) of section 4927.01 of the Revised
Code. (T) "Large ILEC" means any ILEC serving fifty
thousand or more access lines in Ohio. (U) "Line loss" shall have the meaning set forth
in division (A) of section 4927.123 of the Revised Code. (V) "Local exchange carrier" shall have the
meaning set forth in division (A)(8) of section 4927.01 of the Revised
Code. (W) "Local service area" shall have the meaning
set forth in division (A)(9) of section 4927.01 of the Revised
Code. (X) "Nonresidential service" means a
telecommunication service primarily used for business, professional,
institutional or occupational use. (Y) "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. (Z) "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. (AA) "Provider of last resort" means an ILEC or
successor telephone company that is required to provide basic local exchange
service on a reasonable and non-discriminatory basis to all persons or entities
in its service area requesting that service as set forth in section 4927.11 of
the Revised Code. (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 service" means service under the
jurisdiction of the commission. (DD) "Residential service" means a
telecommunications service provided primarily for household use. (EE) "Small business" shall have the meaning set
forth in division (A)(10) of section 4927.01 of the Revised Code. (FF) "Tariff" means a schedule of rates, tolls,
rentals, charges, classifications, and rules applicable to services and
equipment provided by a telephone company that has been filed or posted in such
places or in such manner as the commission orders. (GG) "Telecommunications" shall have the meaning
set forth in division (A)(11) of section 4927.01 of the Revised
Code. (HH) "Telecommunications carrier" shall have the
meaning set forth in division (A)(12) of section 4927.01 of the Revised
Code. (II) "Telecommunications relay service (TRS)"
means intrastate transmission services that provide the ability for an
individual who has a hearing or speech impairment to engage in a communication
by wire or radio with a hearing individual in a manner that is functionally
equivalent to the ability of an individual, who does not have a hearing or
speech impairment, to communicate using voice communication services by wire or
radio. TRS includes services that enable two-way communication between an
individual who uses a telecommunications device for the deaf or other nonvoice
terminal device and an individual who does not use such a device. (JJ) "Telecommunications service" shall have the
meaning set forth in division (A)(13) of section 4927.01 of the Revised
Code. (KK) "Telephone company" shall have the meaning
set forth in division (A)(14) of section 4927.01 of the Revised
Code. (LL) "Telephone exchange service" shall have the
meaning set forth in division (A)(15) of section 4927.01 of the Revised
Code. (MM) "Telephone toll service" shall have the
meaning set forth in division (A)(16) of section 4927.01 of the Revised
Code. (NN) "Traditional service area" means the area in
which an ILEC provided basic local exchange service on the date of enactment of
the Telecommunications Act of 1996, 110 Stat. 60, 47 U.S.C. 153, and includes
any commission-approved changes to an ILEC's traditional service area
after that date. (OO) "Voice over internet protocol service" (VoIP)
shall have the meaning set forth in division (A)(17) of section 4927.01 of the
Revised Code. (PP) "Wireless service shall have the meaning set forth
in division (A)(19) of section 4927.01 of the Revised Code. (QQ) "Wireless service provider" shall have the
meaning set forth in division (A)(20) of section 4927.01 of the Revised
Code.
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Rule 4901:1-6-02 | Purpose and scope.
Effective:
January 20, 2011
(A) The rules set forth in Chapter 4901:1-6 of the Administrative Code, apply to all incumbent local exchange carriers (ILECs), competitive local exchange carriers (CLECs), and other providers of telecommunication services, unless otherwise specified in this chapter or commission order. (B) A wireless service provider and a reseller of wireless service are exempt from all rules in Chapter 4901:1-6 of the Administrative Code, except rules 4901:1-6-24 (wireless service provisions), 4901:1-6-09, eligible telecommunications carrier (ETC), 4901:1-6-19, lifeline requirements for ETCs (where the wireless service provider or reseller of wireless service has attained ETC status), and 4901:1-6-36, telecommunications relay service. (C) A provider of interconnected voice over internet protocol-enabled service is exempt from all rules in Chapter 4901:1-6 of the Administrative Code, except for rule 4901:1-6-36 (TRS). (D) A provider of any telecommunications service that is not commercially available as of September 13, 2010, and that employs technology that became available for commercial use only after September 13, 2010, is exempt from all rules set forth in Chapter 4901:1-6 of the Administrative Code, except for rule 4901:1-6-36 (TRS), in the event such provider is subsequently required under federal law to provide to its customers access to telecommunications relay service. (E) The commission may, upon application or upon a motion filed by a party, waive any requirement of this chapter, for good cause shown, other than a requirement mandated by statute from which no waiver is permitted. (F) 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. (G) Waiver requests are not deemed to be granted unless approved by order of the commission. Waiver requests made in proceedings which have an automatic approval time frame will toll any automatic approval time frames set forth in rule 4901:1-6-05 of the Administrative Code. (H) 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 September 13, 2010.
Last updated October 13, 2021 at 3:04 PM
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Rule 4901:1-6-03 | Investigation and monitoring.
Effective:
January 20, 2011
Consistent with applicable law, nothing contained within this chapter, shall in any way preclude the commission or its staff from: (A) Requiring a telephone company to furnish additional information necessary to carry out its authority under Title 49 of the Revised Code. (B) Monitoring a telephone company's compliance with the law or any of the commission's rules and orders. (C) Initiating an investigation into a telephone company's compliance with the law or any of the commission's rules and orders.
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Rule 4901:1-6-04 | Application and notice filings.
Effective:
January 20, 2011
(A) For all applications required to be filed under this chapter, a telephone company shall use the most up-to-date telecommunications filing form for telephone-related applications and notice filings. This form may change from time-to-time without further commission entry. Commission staff will maintain a current, updated copy to provide to applicants. The most recent version of the form will be posted on the commission's web site. (B) The applicant shall complete the telecommunications filing form in its entirety and supply all required attachments and affidavits as outlined on the form. (C) The telecommunications filing form shall be signed by counsel for the applicant, an officer of the applicant, or an authorized agent of the applicant, and shall identify any agents or employees authorized to make filings on behalf of the applicant before the commission. (D) Failure to utilize the current telecommunications filing form for any initial filing as well as failure to include the required attachments as outlined on the form may result in immediate dismissal of the application. The commission, the legal director, the deputy legal director, or an attorney examiner has the authority to issue the entry dismissing an application under this rule. (E) All amendments, motions, and other supplemental pleadings to an open case under these rules need not use the telecommunications filing form, but must clearly state the case number such filings are in reference to.
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Rule 4901:1-6-05 | Automatic approval and notice filing process.
(A) Many filings pursuant to the rules
adopted in this chapter are subject to an automatic approval process or a
notice filing. With the exception of zero-day notices, an automatic time frame
will begin on the day after a filing is made with the commission's
docketing division. Furthermore, under an automatic approval process, if the
commission does not take action before the expiration of the filing's
applicable time frame, the filing shall be deemed approved and become effective
on the following day, or later date if requested by the company. For example, a
filing subject to a thirty-day process will, absent suspension or other
commission action, become effective on the thirty-first day after the initial
filing is made with the commission. Unless otherwise ordered, any motions not
ruled upon by the commission during the filing's applicable time frame are
deemed to be denied. (B) A filing subject to the zero-day
notice procedure will be effective on the same day the filing is made with the
commission. Notice filings are not considered to be
commission-approved.
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Rule 4901:1-6-06 | Suspensions.
Effective:
February 17, 2020
(A) Unless otherwise provided in law, the
commission, legal director, deputy legal director, or attorney examiner may
impose a full or partial suspension of any automatic approval process, notice
filing, or tariff approved pursuant to this chapter, if such filing is contrary
to law or the rules of the commission. (B) Under this rule, if a tariff filing
is contrary to law or the rules of the commission, the commission may require a
telephone company to discontinue provision of the affected tariffed
telecommunications service(s) or, under partial suspension, cease offering the
affected tariffed telecommunications service(s) to new customers, or take other
actions with regard to the affected service(s) as the commission may
require. (C) Unless the law specifically precludes
suspension of an automatic approval process, 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
of tariffed telecommunications service(s) affected by the
application. (D) For-profit ILEC BLES pricing flexibility applications,
filed pursuant to paragraph (C)(1)(c) of rule 4901:1-6-14 of the Administrative
Code, are subject to one full suspension of the automatic approval process and
must be approved or denied not later than ninety days after the date of
suspension. Under this paragraph, an application under full suspension is
entirely precluded from taking effect. (E) A full or partial suspension of tariffed
telecommunications services 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 law or commission
rules.
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Rule 4901:1-6-07 | Customer notice requirements.
Effective:
February 17, 2020
(A) Except for notices for abandonment or
withdrawal of telecommunications service pursuant to rules 4901:1-6-26 and
4901:1-6-25 of the Administrative Code, respectively, and upward alterations of
basic local exchange service (BLES) rates pursuant to rule 4901:1-6-14 of the
Administrative Code, a telephone company shall provide at least fifteen days
advance notice to its affected customers, of any material change in the rates,
terms, and conditions of any retail service required to be tariffed, as set
forth in rule 4901:1-6-11 of the Administrative Code, and any change in the
company's operations that are not transparent to customers and may impact
service. Customer notice is not required for a decrease in rates. (B) For abandonment or withdrawal of
telecommunications service and upward alterations of BLES rates, a telephone
company shall provide at least thirty days advance notice to its affected
customers in accordance with rules 4901:1-6-26, 4901:1-6-25, and 4901:1-6-14 of
the Administrative Code, respectively. (C) For every customer notice, a
telephone company shall provide to the commission a copy of the actual customer
notice and an affidavit verifying that the customer notice was provided to
affected customers. A copy of the applicable customer notice must be provided
to commission staff no later than the date it is provided to customers by
emailing the text of the customer notice to a commission-provided electronic
mailbox at: Telecomm-Rule07@puc.state.oh.us. (D) Every customer notice shall identify
the name of the company or brand name familiar to the customer (i.e. the
company's "doing business as" name) and the company's
customer service toll-free telephone number and web site (if one exists), along
with a clear description of the impact on the customer. If the notice is
informing a customer of a material change in the rates, terms, or conditions of
service, the notice shall also name the service offering being changed, a
description of the change including any increase in rate(s), the effective date
of the change, and the company's contact information. (E) Notice shall be provided to affected
customers in any reasonable manner, including bill insert, bill message, direct
mail, or, if the customer consents, electronic means. (F) For change in operation applications
filed pursuant to rule 4901:1-6-29 of the Administrative Code, the customer
notice must explain how the customer will be directly impacted by the
application and what customer action, if any, is necessary as a result of such
application. (G) At a minimum, the notice for a
withdrawal or abandonment of service should provide the proposed effective date
of the service withdrawal, instructions to the customers on how they may obtain
replacement service(s), and the commission's toll-free and TTY-TDD
telephone numbers. (H) In the event that the commission
staff determines that a notice provided to customers is not consistent with the
law or commission rules, the commission staff may require the company to
re-notice customers.
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Rule 4901:1-6-08 | Telephone company certification.
(A) Any telephone company desiring to
offer telecommunication services in Ohio shall file an application for
certification (ACE) with the commission using the most up-to-date
telecommunications filing form available from the commission's web site.
The telecommunications filing form shall be signed by counsel for the
applicant, an officer of the applicant, or an authorized agent of the applicant
and shall identify any agents or employees authorized to make filings on behalf
of the applicant before the commission. The form serves to identify the
specific types of telecommunication services the applicant wishes to offer, and
to verify the applicant's commitment to comply with all applicable
commission rules and regulations. (B) Paragraph (A) of this rule does not
apply to any incumbent local exchange carrier (ILEC) with respect to its
geographic service area as that area existed on September 13, 2010. An ILEC or
its holding company seeking to operate outside of its geographic service area
as that area existed on September 13, 2010 shall file an application for
certification. (C) Certificate timeline (1) Interested persons
who can show good cause why such application should not be granted must file
with the commission a written statement detailing the reasons, as well as a
motion to intervene, within fifteen calendar days after the application is
docketed. The applicant may respond to any motion to intervene no later than
seven calendar days after the filing and service of the motion. (2) Absent full or
partial suspension, applications seeking certification as a telephone company
will be approved in accordance with the thirty-day automatic approval process
described in rule 4901:1-6-05 of the Administrative Code. (D) The commission's docketing
division will assign a tariff filing (TRF) docket number, if applicable, and
inform the applicant of that number within fourteen days of filing so that the
applicant may finalize its tariff and price lists prior to the automatic
approval date of the ACE. Failure to file all necessary tariff revisions
requested by commission staff prior to the thirtieth day from initial filing of
the ACE application will result in suspension or dismissal of the application.
Final tariffs, where applicable, must be filed in the ACE case as well as in
the applicant's TRF docket no later than ten days after the automatic
approval date. (E) Minimum information required to be
filed by all applicants seeking certification as a telephone company to operate
in the state of Ohio shall include: (1) A certificate of good
standing and a certificate to operate as an out-of-state entity issued by the
Ohio secretary of state and, if applicable, fictitious name
authorization. (2) The company's
name and address, and if available, e-mail address and web site. (3) The name of a contact
person and that person's contact information. (4) A general description
and list of the types of telecommunications service(s) proposed to be offered
and a description of the general geographic area served (maps are not
required). (5) Verification that
the applicant will follow federal communications commission (FCC) accounting
requirements, if applicable. (6) Documentation
attesting to the applicant's satisfactory technical expertise relative to
the proposed service offering(s). (7) Documentation
indicating the applicant's satisfactory corporate structure, managerial
expertise, and ownership. (8) Information
pertaining to any similar operations provided by the applicant in other
states. (9) Evidence of notice to
the Ohio department of taxation, public utilities tax division, of the
applicant's intent to provide service. (10) Any waivers sought
by the applicant, submitted pursuant to rule 4901:1-6-02 of the Administrative
Code. (11) Documentation
attesting to the applicant's financial viability, including, at a minimum,
an actual and pro forma income statement and balance sheet. (12) For competitive
local exchange carriers (CLECs), a notarized affidavit signed by an authorized
employee and accompanied by the bona fide request for interconnection letter
sent to the ILEC that verifies that the applicant has entered into negotiations
to establish an interconnection and/or transport and termination agreements
with, at a minimum, the ILEC(s) serving the geographic area(s) where the
applicant will be providing its services. If the agreements(s) have already
been filed with the commission for approval, the specific case numbers should
be stated. To the extent the agreements have not been filed, the applicant
should state the estimated time frame for such filing. An applicant that
intends to provide service to customers by solely reselling the retail services
of an underlying facilities-based CLEC is exempt from this requirement. A CLEC
shall not start providing service before it files with the commission, for the
commission's approval, an interconnection and/or transport and termination
agreement with the ILEC and/or a resale agreement with another CLEC as required
pursuant to this rule. (F) Additional requirements to be
submitted by a telephone company seeking to offer basic local exchange service
(BLES) or other services required to be tariffed under Chapter 4927. of the
Revised Code and rule 4901:1-6-11 of the Administrative Code
include: (1) Proposed tariffs,
including a full description of proposed services and operations as well as all
relevant terms and conditions for BLES and other retail services set forth in
rule 4901:1-6-11 of the Administrative Code if offered to customers. Tariffs
may incorporate by reference the exchanges of an ILEC if the applicant is
proposing to mirror the ILEC's local service areas in its entirety. If an
applicant is a facilities-based CLEC, it must provide a carrier-to-carrier
tariff, which at a minimum includes an access tariff. Other wholesale services
set forth in rule 4901:1-6-11 of the Administrative Code, if offered to
wholesale customers, must also be tariffed in its carrier-to-carrier
tariff. (2) A list of the ILECs
in whose territory the applicant intends to serve. If the applicant is not
mirroring an ILEC's entire local service area, the CLEC shall specifically
define its local service area. (3) Nothing precludes the
staff of the commission from requiring additional information consistent with
this chapter. (G) Scope of operating
authority (1) The commission shall
grant statewide operating authority to a telephone company seeking to offer
telecommunications services provided that the company meets the associated
certification requirements. (2) A CLEC shall update
its certification if it seeks to expand its operation within its statewide
authorization subsequent to certification. To do so, the CLEC must file in its
TRF case a notarized affidavit signed by an authorized employee verifying that
the CLEC has an interconnection and/or transport and termination traffic
agreement with the ILEC serving the territory into which the CLEC intends to
expand and identifying the specific case numbers in which the agreements were
filed. The CLEC must also file any tariff update, if applicable. (H) The commission may suspend or reject
the certification application of a telephone company if it finds, within thirty
days after filing and based on the information provided in the application,
that the applicant lacks financial, technical, or managerial ability sufficient
to provide adequate service to the public consistent with law. (I) Suspension or revocation of
certificate Nothing contained within these rules precludes
the commission, after reasonable notice and an opportunity to be heard, from
suspending, rescinding or conditionally rescinding the certification of a
telephone company upon a demonstration that the company has engaged in a
pattern of conduct in violation of Ohio law. This includes the failure to
comply with the rules of the commission, including the failure to file the
requisite annual reports and the failure to pay all corresponding
assessments.
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Rule 4901:1-6-09 | Eligible telecommunications carriers.
[Comment: For dates of references to a section of
either the United States Code or a regulation in the code of federal
regulations see rule 4901:1-6-02 of the Administrative Code.] (A) Competitive eligible
telecommunication carrier (CETC) Pursuant to 47 U.S.C. 214(e), upon request and
consistent with the public interest, convenience, and necessity, the commission
may, upon application, designate a CETC where that applicant meets the
requirements of 47 U.S.C. 214, 47 C.F.R. 54.201(d) and 47 C.F.R. 54.202. The
commission may subject such designation of CETC authority to additional
conditions consistent with the public interest, convenience, and
necessity. (B) In order to be designated a CETC
pursuant to 47 U.S.C. 214(e), a facilities-based telephone company
must: (1) File an application
with the commission demonstrating its compliance with all federal and state
CETC and lifeline requirements pursuant to 47 C.F.R. 54.201 to 209, rule
4901:6-19 of the Administrative Code, where applicable, and this
rule. (2) Telephone companies
not previously designated as a CETC and requesting CETC authority, shall file
the application for CETC designation with the commission using the most
up-to-date telecommunications filing form and must include all completed
exhibits as required by the filing form. Commission staff will maintain a
current, updated copy of the filing form with the list of CETC required
exhibits. The most recent version of the form will be posted on the
commission's website. An application for CETC designation shall be filed
under a TP-UNC case purpose code and shall not be subject to an automatic
approval process. Rather, a CETC designation can be granted only by a
commission order approving such request. (C) Eligible telecommunications carrier
(ETC) reporting requirements In order to be eligible for federal universal
service funding in any given year, all ETCs, i.e., incumbent local exchange
carrier ETCs and CETCs, must comply with the following annual reporting
requirements: (1) No later than August
thirty-first of each year, an ETC receiving high cost funding must file an
affidavit with the commission stating that all federal high-cost support
provided to the carrier for service areas in Ohio will be used only for the
provision, maintenance, and upgrading of facilities and services for which the
support was intended pursuant to 47 U.S.C. 254(e). (2) No later than January
thirty-first of each year, or a date otherwise designated by the universal
service administration company (USAC), an ETC receiving lifeline support must
file a completed copy of the federal communications commission (FCC) annual
lifeline certification and verification affidavit, that is submitted to USAC,
with the commission. (D) Revocation or relinquishment of ETC
designation (1) The commission may
revoke, consistent with commission and FCC rules and regulations, an ETC
designation if it finds that the company has failed to comply with any state or
federal ETC requirements, including the failure to pay all corresponding
assessments. (2) An ETC may seek to
relinquish its ETC designation for an area pursuant to 47 C.F.R. 54.205 through
the filing of a nonautomatic application with the commission under the case
purpose code TP-UNC. An ETC will not be relieved of its ETC designation until
the commission issues an order granting the request.
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Rule 4901:1-6-10 | Competitive emergency services telecommunications carrier certification.
(A) An applicant seeking authority as a
competitive emergency services telecommunications carrier (CESTC) in the state
of Ohio, must submit an application for certification (ACE) with the items set
forth in paragraph (E) of rule 4901:1-6-08 of the Administrative Code and any
additional items requested by commission staff. A competitive local exchange
carrier, or an incumbent local exchange carrier operating outside of its
traditional service area, seeking to offer CESTC service, subsequent to initial
certification, shall file a thirty-day ACE seeking CESTC authority with a
proposed CESTC tariff and any additional items requested by commission
staff. (B) Certificate timeline (1) Interested entities
who can show good cause why such application should not be granted must file
with the commission a written statement detailing the reasons, as well as a
motion to intervene, within fifteen calendar days after the application is
docketed. The applicant shall respond to any motion to intervene within seven
calendar days after the filing and service of the motion. (2) Absent full or
partial suspension, applications seeking certification as a CESTC will be
approved in accordance with the thirty-day automatic approval process described
in rule 4901:1-6-05 of the Administrative Code. (C) A CESTC may not operate as a 9-1-1
system service provider until such time as the county has amended its 9-1-1
plan to identify that carrier as the 9-1-1 carrier of choice for a public
safety answering point (PSAP)(s) serving end users in that county for the
designated telecommunications traffic. (D) A CESTC authorized to act as a 9-1-1
system service provider to a PSAP must carry all calls for that PSAP for those
services designated to it by the PSAP. In addition to the ILEC, there may be no
more than one CESTC designated by the PSAP as set forth in the approved county
plan. (E) Once the county plan has been
amended, a CESTC shall update its tariff to reflect the PSAP(s) served by the
CESTC and which type of telecommunications traffic will be provided to that
PSAP. Contracts between a CESTC and all individual counties for the provision
of emergency service to a PSAP(s) within that county shall be submitted to the
statewide emergency services internet protocol network steering committee or
its designee. (F) A CESTC shall interconnect with each
PSAP in a county and adjacent 9-1-1 systems across county lines to ensure
transferability of all 9-1-1/E9-1-1 calls. (G) The commission shall grant a CESTC,
statewide operating authority provided the company meets the associated
certification requirements. As a CESTC seeks to expand its operation within its
statewide authorization, it must update its tariff by filing, in its TRF case,
an up-to-date list of the counties in which the CESTC is actually provisioning
service.
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Rule 4901:1-6-11 | Tariff services.
(A) Services required to be
tariffed (1) The rates, terms, and
conditions for 9-1-1 service provided in this state by a telephone company or a
telecommunications carrier, and for each of the following provided by a
telephone company, shall be approved and tariffed by the commission and shall
be subject to all applicable laws, including rules or regulations adopted and
orders issued by the commission or the federal communications
commission: (a) Basic local exchange service (BLES), including BLES
installation and reconnection fees and lifeline service rates or
discounts. (b) Carrier access. (c) N-1-1 service. (d) Pole attachments and conduit occupancy under section 4905.71
of the Revised Code. (e) Pay telephone access lines. (f) Toll presubscription. (g) Excess construction charges. (h) Inmate operator services. (i) Telecommunications relay service. (2) All other
telecommunications services offered by a telephone company shall not be
included in tariffs filed with the commission, but shall still be subject to
commission oversight and regulation as provided in Chapter 4927. of the Revised
Code and Chapter 4901:1-6 of the Administrative Code. (B) Tariffing requirements All tariffs for services required to be tariffed
under paragraph (A) of this rule, shall include both the appropriate issued
(the date the tariff was filed with the commission) and effective (the date the
service(s) will be offered) dates. All tariffs shall include, at a minimum, the
following elements: (1) A title page and a
table of contents. (2) A description of all
services offered along with all terms and conditions associated with the
provision of each service. (3) For BLES, a
description of the actual BLES local service area in which a customer may
complete a call without incurring a toll charge. Any change to a local service
area must be reflected in the tariff on file with the commission. (4) A complete list of
rates, relative to the provision of each service. (5) For BLES, a statement
informing customers that all telephone companies offering BLES are subject to
the commission's service requirements for BLES found in rule 4901:1-6-12
of the Administrative Code. (6) For tariffs filed
requiring prior commission approval, each final tariff sheet must exhibit the
commission authority by designating the case number in which the tariff was
approved, the automatic date of effectiveness or commission order date, the
effective date of the tariff sheet, the name of the telephone company, and the
name of an officer of the telephone company. This information should be
included in a header, a footer, or a combination thereof. (7) For tariffs filed
pursuant to a zero-day notice filing, each final tariff sheet should include
the effective date of the tariff sheet, the name of the telephone company, and
the name of an officer of the telephone company. This information should be
included in a header, a footer, or a combination thereof. (C) Tariff filing (TRF)
docket (1) The commission shall
maintain and designate for each telephone company offering tariffed
telecommunications services a TRF docket for the filing of final tariffs and
filings subject to a zero-day notice procedure. (2) The docketing
division will assign a TRF docket number when a telephone company seeks to
obtain initial certification. (3) For applications in
which new or revised tariff pages are involved, such tariff page(s) shall be
filed in final form in the TRF docket and include the appropriate application
purpose code, where applicable. For filings subject to a zero-day notice
procedure, such notice shall include a filing form, description of filing
request, final tariff pages, and, if applicable, a customer notice. For
nonautomatic applications and those applications subject to an automatic
approval process (other than the zero-day notice process), final tariff pages
must be filed within ten calendar days after the approval date. The effective
date on the tariffs shall be a date no sooner than the date the final tariffs
are filed with the commission.
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Rule 4901:1-6-12 | Service requirements for BLES.
Effective:
February 17, 2020
(A) A local exchange carrier (LEC)
providing basic local exchange service (BLES) shall conduct its operations so
as to ensure that the service is available, adequate, and reliable consistent
with sections 4927.07, 4927.10 and 4927.11 of the Revised Code. (B) The fact that a LEC providing BLES
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 BLES is legally inadequate requires a formal determination by the
commission, preceded by a hearing pursuant to section 4927.21 of the Revised
Code unless the hearing is waived by the complainant and the
respondent. (C) A LEC shall provide BLES pursuant to
the following standards: (1) BLES shall be
installed within five business days of the receipt by a telephone company of a
completed application for new access line service, unless the customer requests
or agrees to a later date. (2) The requirement to
install BLES in paragraph (C)(1) of this rule is not applicable where any of
the following exist: (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 misses an installation appointment. (3) A LEC shall make
reasonable efforts to repair a BLES outage within twenty-four hours, excluding
Sundays and legal holidays, after the outage is reported to the telephone
company. (4) A BLES service outage
or service-affecting problem shall be repaired within seventy-two hours after
it is reported to the telephone company. (5) If a BLES outage is
reported to the telephone company and lasts more than seventy-two hours, the
LEC shall credit every affected BLES customer, of which the LEC is aware, in
the amount of one month's charges for BLES. (6) The customer credit
in paragraph (C)(5) of this rule is not applicable if the condition or failure
to repair occurs as a result of any of the following: (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. (7) No LEC shall
establish a due date for payment earlier than fourteen consecutive days after
the date the bill is postmarked for a bill for BLES provided to customers. The
postmark date may appear on the bill rather than on the envelope, as long as
the postmark date is never earlier than the date the bill actually enters the
mail. (8) A LEC may disconnect
BLES for nonpayment of any amount past due on a billed account not earlier than
fourteen days after the due date of the customer's bill, provided that the
customer is given notice of the disconnection seven days before the
disconnection. (9) Such notice of
disconnection 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. The notice shall identify the total dollar amount that must be
paid to maintain BLES, the earliest date disconnection may occur, and the
following statement: "If you have a complaint in regard to this
disconnection notice that cannot be 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 (PUCO) for
assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays,
or at http://www.puco.ohio.gov. Hearing or speech impaired customers may
contact the PUCO via 7-1-1 (Ohio relay service)." For residential disconnection notices, the text
shall also include: "The Ohio consumers' counsel (OCC)
represents residential utility customers in matters before the PUCO. The OCC
can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m.
weekdays, or at http://www.pickocc.org." (10) A LEC may require a
deposit, not to exceed two hundred thirty percent of a reasonable estimate of
one month's service charges, for the installation of BLES for any person
that it determines, in its discretion, is not creditworthy. (11) A LEC shall, unless
prevented from doing so by circumstances beyond the telephone company's
control or unless the customer requests otherwise, reconnect a customer whose
basic local exchange service was disconnected for nonpayment of past due
charges not later than one business day after the day the earlier of the
following occurs: (a) The receipt by the LEC of the full amount of past due
charges. (b) The receipt by the LEC of the first payment under a mutually
agreed upon payment arrangement.
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Rule 4901:1-6-13 | Warm line service.
Effective:
January 20, 2011
Every telephone company providing telephone exchange service shall maintain access to 9-1-1 service on a residential customer's line for a minimum of fourteen consecutive days immediately following any disconnection for nonpayment of a customer's telephone exchange service.
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Rule 4901:1-6-14 | BLES pricing parameters.
Effective:
February 17, 2020
(A) Rates for basic local exchange
service (BLES) offered by a local exchange company (LEC) shall be subject to
the tariff requirements and pricing constraints set forth in this
rule. (B) BLES regulatory
framework (1) BLES shall only be
offered by LECs pursuant to approved tariffs on file with the commission. A LEC
offering BLES shall maintain a complete, up-to-date tariff on file at the
offices of the commission at all times. (2) The tariff for BLES
shall contain all rates, terms, and conditions for BLES and installation and
reconnection fees for BLES. (3) The BLES pricing
flexibility for incumbent local exchange carriers (ILECs) set forth in this
rule shall be applied to the monthly recurring rates for the network access
line component or equivalent of a single residential BLES line or a primary
small business BLES line. (4) BLES is considered
BLES for purposes of this chapter regardless of what other a la carte services
and features to which a customer may subscribe. (5) A bundle or package
of telecommunications services which includes telephone exchange service is not
subject to the pricing constraints contained in paragraph (C) of this rule and
section 4927.12 of the Revised Code and may be priced at market-based
rates. (6) An ILEC offering BLES
outside of its traditional service area or a competitive local exchange carrier
(CLEC) affiliate of an ILEC offering BLES within or outside of that ILEC's
traditional service area shall follow all BLES rules in this chapter that are
applicable to CLECs offering BLES. (C) For-profit ILEC BLES pricing
flexibility (1) Upon not less than
thirty day's notice, pursuant to paragraph (F)(5) of this rule, a
for-profit ILEC may increase its rates for BLES: (a) If an ILEC, within twelve months prior to September 13,
2010, increased the ILECs' rates for BLES for the exchange area, both of
the following apply: (i) An ILEC during any subsequent twelve-month period, may
alter the ILEC's monthly rates for BLES downward by any amount, but not
below the carriers incremental cost, or upward for an exchange area by
not more than two dollars. (ii) An ILEC may make multiple rate increases, in the
exchange to which the application applies, within the twelve-month period that
begins on the thirty-first day after the company files the application, and
during any subsequent twelve-month period in compliance with paragraph (F)(5)
of this rule, as long as the multiple increases do not exceed the two dollar
annual price increase cap. An ILEC does not have to increase the
carriers monthly rates for BLES for residential and business customers
concurrently. (b) If the ILEC did not, within twelve months prior to September
13, 2010, increase the ILEC's rates for BLES for an exchange area, and if
the commission has made a prior determination that the exchange area qualified
for alternative regulation of BLES under Chapter 4901:1-4 of the Administrative
Code, as that chapter existed on September 13, 2010, the ILEC during any
subsequent twelve-month period, may alter the ILEC's monthly rates for
BLES downward by any amount, but not below the carriers incremental
cost, or upward for the exchange area by not more two dollars. (c) If the commission has not made a prior determination that an
exchange area qualified for alternative regulation of BLES under Chapter
4901:1-4, of the Administrative Code, as that chapter existed on September 13,
2010, an ILEC may, at any time, alter the ILECs rate for BLES for that
exchange area downward by any amount, but not below the carriers
incremental cost. The carrier may not alter its rates for BLES upward for that
exchange area unless the ILEC first applies to the commission and the
commission determines that the application demonstrates that two or more
alternative providers offer, in the exchange area, competing service to the
BLES offered by the ILEC in the exchange area, regardless of the technology and
facilities used by the alternative provider, the alternative provider's
location, and the extent of the alternative provider's service area within
the exchange area. (i) Upon the filing of
an application under paragraph (C)(1)(c) of this rule pursuant to a BLS case
purpose code, the commission shall be deemed to have found that the application
meets the requirements of that paragraph unless the commission, within thirty
days after the filing of an application, does either of the following: (a)
issues an order finding that the requirements have not been met or (b) suspends
the automatic approval for good cause shown. The commission should then act to
approve or deny the application not later than ninety-days after the date of
suspension. (ii) If an ILEC applies
to the commission under paragraph (C)(1)(c) of this rule and the application is
approved or deemed approved under paragraph (C)(1)(c)(i) of this rule, the ILEC
during the twelve-month period that begins on the thirty-first day after the
application was deemed approved or the date the commission issues an order
approving an application that was suspended, and during any subsequent
twelve-month period, may alter the carrier's monthly rates for BLES upward
for the exchange area to which the application applies by not more than two
dollars. (2) Banking Any rate increase allowed by this rule that is
not used during a twelve-month period by a for-profit ILEC may not be used in
any subsequent year. (D) Not-for profit ILEC pricing
flexibility. At any time, and upon no less than thirty
days' notice pursuant to paragraph (F)(5) of this rule, a not-for-profit
mutual ILEC, owned and operated exclusively by and solely for its customers,
may increase its rates for BLES by any amount. (E) ILEC BLES application, process, and notice (1) If the commission has
not made a prior determination that the exchange area qualified for alternative
regulation of BLES under Chapter 4901:1-4 of the Administrative Code, as that
chapter existed on September 13, 2010, a for-profit ILEC must file an
application seeking approval to obtain BLES pricing flexibility as set forth in
paragraph (C)(1)(c)(i) of this rule, using the most up-to-date
telecommunications filing form, under the case purpose code
TP-BLS. (2) A for-profit ILEC
shall establish or maintain a tariffed rate cap for BLES consistent with
paragraphs (C)(1)(a)(ii), (C)(1)(b), and (C)(1)(c)(ii) of this rule. Such ILECs
shall file an updated tariff, for each exchange area with BLES pricing
flexibility, at the end of each exchange's twelve-month period, to reflect
the new anniversary date and, as necessary, the new tariffed rate cap for BLES.
Such tariff shall be filed as a zero-day tariff amendment (ZTA). (3) A for-profit
ILEC's BLES price change(s) below its annual tariffed cap for BLES is
subject to a zero-day notice filing under the company's tariff filing
(TRF) docket. (4) A not-for-profit
ILEC's BLES rates may be established and changed in its tariff pursuant to
a zero-day notice filing under the company's tariff filing (TRF)
docket. (5) Increases in an
ILEC's BLES rates pursuant to paragraphs (C) and (D) of this rule require
customer notice, consistent with the requirements of rule 4901:1-6-07 of the
Administrative Code, to all affected customers, including the office of the
Ohio consumers' counsel (OCC) if residential BLES is involved, not less
than thirty days prior to the rate increase. A copy of the applicable customer
notice must be provided to commission staff no later than the date it is
provided to customers by emailing the text of the customer notice to a
commission-provided electronic mailbox at:
Telecomm-Rule07@puco.ohio.gov. (F) BLES pricing flexibility exemption
for ILECs. Not earlier than four years after the effective
date of section 4927.123 as enacted in substitute House Bill 402 of the 132nd
General Assembly, an ILEC may apply for an exemption from the requirements of
paragraph (C) of this rule for an exchange area subject to paragraph (F)(3) of
this rule. (1) A for-profit ILEC may
apply for an exemption from the requirements of paragraph (C) of this rule
provided that: (a) the ILEC shows it has experienced at least fifty
percent line loss in the exchange area since January 1, 2002 and one of the
following applies: (i) the ILEC, within
twelve months prior to September 13, 2010, increased the ILECs rates for
BLES for the exchange area; (ii) the commission has made a prior determination that the
exchange area qualified for alternative regulation of BLES under Chapter
4901:1-4 of the Administrative Code, as that chapter existed on September 13,
2010, or; (iii) the ILEC filed an application for the exchange area
that was approved or deemed approved pursuant to paragraph (C)(1)(c) of this
rule. (2) Upon the filing of an
application under paragraph (F)(1) of this rule pursuant to a BEX case purpose
code, the commission shall be deemed to have found that the application meets
the requirements of that paragraph unless the commission, within thirty days
after the filing of an application issues an order finding that the
requirements have not been met. (3) If an ILEC applies to
the commission under paragraph (F)(1) of this rule and the application is
approved or deemed approved under paragraph (F)(2) of this rule, the ILEC shall
be exempt from the requirements of paragraph (C) of this rule for the exchange
area to which the application applies, except the ILEC may not alter the
ILECs BLES rate below the ILECs incremental cost. (4) Increases in an
ILEC's BLES rates, after the application is approved or deemed approved
under paragraph (F)(2) of this rule require customer notice, consistent with
the requirements of rule 4901:1-6-07 of the Administrative Code, to the
commission and all affected customers, including the office of the Ohio
consumers' counsel (OCC) if residential BLES is involved, not less than
thirty days prior to the rate increase. A copy of the applicable customer
notice must be provided to commission staff no later than the date it is
provided to customers by emailing the text of the customer notice to a
commission-provided electronic mailbox at:
Telecomm-Rule07@puco.ohio.gov. (5) Subsequent rate
alterations to BLES rates, in exchanges approved or deemed approved under
paragraph (F)(2) of this rule, shall be changed in its tariff pursuant to a
zero-day notice filing under the company's tariff filing (TRF)
docket. (6) The granting of an
exemption does not impair the rights of any person to file a complaint pursuant
to section 4927.21 of the Revised Code or restrict the rights of the commission
to initiate such a complaint. (G) A decrease in BLES rates by a
for-profit ILEC, under paragraph (C), (D) or (F) of this rule, shall be changed
in the companys tariff pursuant to a zero-day notice filing under the
company's tariff filing (TRF) docket and include an affidavit attesting
that the decreased rate is not below the ILECs incremental cost. A
decrease in an ILECs BLES rate is presumptively deemed above the
carriers incremental cost, subject to rebuttal, if the rate decrease is
not more than twenty per cent of the ILECs BLES rate at the time of the
decrease. (H) CLEC BLES pricing flexibility, process, and
notice: (1) CLECs may establish
the tariffed rate(s) for any BLES offerings based on the
marketplace. (2) A CLEC's BLES
rate change(s) is subject to a zero-day notice filing under the company's
tariff filing (TRF) docket. (3) A CLEC may increase
its BLES rates on no less than thirty days' written notice to affected
customers, including OCC if residential BLES is involved. Such increases
require customer notice consistent with the requirements of rule 4901:1-6-07 of
the Administrative Code. A copy of the applicable customer notice must be
provided to commission staff no later than the date it is provided to customers
by emailing the text of the customer notice to a commission-provided electronic
mailbox at: Telecomm-Rule07@puco.ohio.gov. (I) New services, change in terms and conditions and
expansion of local service area (1) In order to
introduce BLES or for an expansion of a local service area, a LEC must docket a
zero-day notice filing (ZTA) with the commission to amend its tariff, in
accordance with the process set forth in rule 4901:1-6-04 of the Administrative
Code. The ZTA will take effect in accordance with paragraph (B) of rule
4901:1-6-05 of the Administrative Code. (2) Material changes in
terms and conditions of an existing BLES by a LEC, including the introduction
of a nonrecurring service charge, surcharge or fee to BLES by a CLEC, shall be
filed through a thirty-day application for tariff amendment (ATA) filing. A
standard of reasonableness will be applied to these charges including, but not
limited to, a comparison with similar charges previously approved by the
commission and similar charges assessed by other providers. Such application
requires a customer notice to be filed in accordance with rule 4901:1-6-07 of
the Administrative Code. (J) BLES late payment charges Late payment charges for BLES may be introduced
or increased through a thirty-day ATA filing. A standard of reasonableness will
be applied to late payment charges including, but not limited to, a comparison
with similar charges previously approved by the commission and similar charges
assessed by non-regulated providers. Such application requires a customer
notice to be filed in accordance with rule 4901:1-6-07 of the Administrative
Code. (K) BLES installation and reconnection fees Any ILEC nonrecurring service charges for
installation and reconnection of a single residential or primary business BLES
line shall be included in the BLES tariff and may be increased through a
thirty-day application for tariff amendment (ATA) filing. A standard of
reasonableness will be applied to nonrecurring service charges for installation
and reconnection. Applications for increases to nonrecurring reconnection
charges requires a customer notice to be filed in accordance with rule
4901:1-6-07 of the Administrative Code.
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Rule 4901:1-6-15 | Directory information.
Effective:
January 20, 2011
(A) A local exchange carrier (LEC) providing basic local exchange service (BLES) shall make available to its customers at no additional charge a telephone directory in any reasonable format, including but not limited to a printed directory, an electronic directory accessible on the internet or available on a computer disc, or free directory assistance. The telephone directory shall include all published telephone numbers in current use within the ILEC local calling area, including numbers for an emergency such as 9-1-1, the local police, the state highway patrol, the county sheriff and fire departments, the Ohio relay service, operator service, and directory assistance. (B) Upon customer request, a LEC providing BLES shall make available to BLES customers the option to have a printed directory at no additional charge. (C) A LEC providing BLES shall also provide its BLES customers with a free listing in that directory, with reasonable accommodations made for private listings.
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Rule 4901:1-6-16 | Unfair or deceptive acts and practices.
[Comment: For dates of references to a section of
either the United States Code or a regulation in the code of federal
regulations see rule 4901:1-6-02 of the Administrative Code.] (A) Telephone companies shall not commit
any unfair or deceptive act or practice in connection with the offering or
provision of any telecommunications service in this state. (B) A failure to comply with any of the
following requirements in connection with the offering or provision of any
telecommunications service shall constitute an unfair or deceptive act or
practice by a telephone company: (1) Any communication by
a telephone company, including but not limited, to solicitations, offers,
contract terms and conditions, or customer agreements, as well as any other
communications whether written or oral, shall be truthful, clear, conspicuous,
and accurate in: (a) Disclosing applicable information, including but not limited
to: material terms and conditions, material limitations, contract length,
prices, fees, features, rates, termination fees or penalties, discretionary
charges, government mandated charges, and estimated taxes for services
offered. (b) Identifying, in written or printed advertising or promotional
literature, 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. (2) Telephone companies
shall disclose the company's name and contact information on any written
service solicitation, marketing material, offer, contracts, or agreement, as
well as on any written response to a service-related inquiry or complaint the
company receives from a customer or others. (3) Local exchange
carriers (LECs) shall inform customers calling the company to report a service
outage or service problem of their rights and responsibilities concerning the
repair and maintenance of customer-owned equipment, inside wire, and the use of
a network interface device (NID) to test for service problems. During such
call, the LEC must notify the customer of any charges that the company imposes
for a diagnostic visit. (4) In the event a NID
is not in place, the LEC shall inform a customer calling to report a service
outage or service problem that the LEC is required to visit the customer
premise at no charge to diagnose whether service difficulties exist with
network wire or inside wire. (5) As applicable, and
in any reasonable manner, a LEC shall provide customers a description of the
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. (C) Nothing in this rule precludes the
commission from finding additional acts or practices, in addition to those
identified in paragraph (B) of this rule, to constitute an unfair or deceptive
act or practice in connection with the offering or provision of
telecommunications service in this state either through rulemaking under
section 4927.03 of the Revised Code or through an adjudication under section
4927.21 of the Revised Code. The commission shall provide notice to all
telephone companies of such adjudications. No telephone company is liable for
damages or forfeitures for engaging in any act, practice, or omission for which
it does not have prior notice either under paragraph (B) of this rule, or
through another rulemaking under section 4927.03 of the Revised Code, or an
adjudication under section 4927.21 of the Revised Code, that engaging in such
act or practice is an unfair or deceptive act. This does not preclude the
commission, however, from ordering an appropriate customer credit or remedy for
a complainant in the context of an adjudication of an individual complaint, if
the commission determines that the company has committed an unfair or deceptive
act or practice against that complainant. In the absence of prior notice that
an act or practice is unfair or deceptive under paragraph (B) of this rule, or
through rulemaking under section 4927.03 of the Revised Code, or an
adjudication under section 4927.21 of the Revised Code, the commission shall
allow the company adequate time to implement any procedures or practices the
commission determines appropriate to remedy the violation. (D) Telephone companies shall upon
request of any applicant or customer, either inform the applicant or customer
of, or make available at no charge, a copy of its credit and deposit
policies. (E) Telephone companies 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. (F) Telephone companies that furnish
credit information acquired from their own experiences with customers to
consumer reporting agencies must comply with the federal Fair Credit Reporting
Act. (G) Telephone companies that provide
alternative operator services (AOS) shall provide the same consumer information
and protections to intrastate callers or billed parties as required for
interstate AOS in accordance with 47 C.F.R. 64.703. A failure of a telephone
company to do so shall constitute an unfair or deceptive act or
practice.
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Rule 4901:1-6-17 | Truth in billing requirements.
[Comment: For dates of references to a section of
either the United States Code or a regulation in the code of federal
regulations see rule 4901:1-6-02 of the Administrative Code.] (A) Every telephone company shall comply
with the federal communications commission's truth in billing requirements
in 47 C.F.R. 64.2401 and shall, in conformance with those requirements,
accurately identify on every bill all services rendered, the providers of those
services, and all billed charges, fees, and taxes so that they are clear and
not misleading. (B) Every customer's bill shall
include a statement that customers with bill questions or complaints should
contact the telephone company 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 (PUCO) for assistance at 1-800-686-7826 (toll free) from 8:00 a.m. to
5:00 p.m. weekdays, or at www.puco.ohio.gov. Hearing or speech impaired
customers may contact the PUCO via 7-1-1 (Ohio Relay Service)." For residential bills the text shall also
include: "The Ohio Consumers' Counsel (OCC)
represents residential utility customers in matters before the PUCO. The OCC
can be contacted at 1-877-742-5622 (toll free) from 8:00 a.m. to 5:00 p.m.
weekdays, or at www.pickocc.org."
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Rule 4901:1-6-18 | Slamming and preferred carrier freezes.
[Comment: For dates of references to a section of
either the United States Code or a regulation in the code of federal
regulations, see rule 4901:1-6-02 of the Administrative Code.] (A) Providers of telecommunications
service, in the course of submitting or executing a change on behalf of a
subscriber in the selection of a telephone company, shall obtain authorization
from the subscriber and verification of that authorization in accordance with
the rules and procedures prescribed by the federal communications commission
(FCC) at 47 C.F.R. 64.1100 to 64.1170. 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 provider of
telecommunications service shall maintain and preserve records of verification
of a subscriber's authorized switch of provider of telecommunications
service in accordance with the rules and procedures prescribed by the
FCC. (C) Any provider of telecommunications
service that is informed by a subscriber or the commission of an unauthorized
provider change shall follow the commission's informal complaint
procedures and the remedies prescribed by the FCC for the resolution of
informal complaints of unauthorized changes of providers of telecommunications
service. (D) The commission, upon complaint by any
person or its own initiative, has jurisdiction under sections 4905.73 and
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 enforce the duties and
remedies provided for under sections 4905.72 and 4905.73 of the Revised
Code. (E) A provider of telecommunications
service shall offer a preferred carrier freeze (PCF), only 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.
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Rule 4901:1-6-19 | Lifeline requirements.
Effective:
February 17, 2020
[Comment: For dates of references to a section of
either the United States Code or a regulation in the code of federal
regulations, see rule 4901:1-6-02 of the Administrative Code.] (A) An incumbent local exchange carrier
(ILEC) that is an eligible telecommunications carrier (ETC) under 47 C.F.R.
54.201 shall implement lifeline service throughout the ILEC ETC's
traditional service area for its eligible residential customers. (B) Lifeline service shall be a monthly,
primary access line service with touch-tone service and shall provide all of
the following: (1) A recurring discount
to the monthly basic local exchange service rate that provides for the maximum
contribution of federally available assistance; (2) Not more than once
per customer at a single address in a twelve-month period, a waiver of all
nonrecurring service order charges for establishing service; (3) Free blocking of
toll service, 900 service, and 976 service; (4) A waiver of the
federal universal service fund end user charge; (5) A waiver of the
telephone company's service deposit requirement. (C) The ILEC ETC may offer to lifeline
service customers any other services and bundles or packages of service at the
prevailing prices, less the lifeline discount. (D) The ILEC ETC also shall offer special
payment arrangements to lifeline service customers that have past due bills for
regulated local service charges, with the initial payment not to exceed
twenty-five dollars before service is installed, and the balance for regulated
local service charges to be paid over six, equal monthly payments. Lifeline
service customers with past due bills for toll service charges shall have toll
restricted service until the past due toll service charges have been paid or
until the customer establishes service with another toll provider. (E) Every large ILEC required to
implement lifeline service shall establish an annual marketing budget for
promoting lifeline service and performing outreach regarding lifeline service.
Every large ILEC shall work with the advisory board established in paragraph
(F) to reach consensus, where possible, regarding an appropriate budget for
promoting lifeline and performing outreach and regarding how the budget will be
spent. All funds allocated to this budget shall be spent for the promotion and
marketing of lifeline service and outreach regarding lifeline service and only
for those purposes and not for any administrative costs of implementing
lifeline service. (F) All activities relating to the
promotion of, marketing of, and outreach regarding lifeline service provided by
the large ILECs shall be coordinated through a single advisory board composed
of staff of the public utilities commission of Ohio, the office of the Ohio
consumers' counsel (OCC), consumer groups representing low income
constituents, two representatives from the Ohio association of community action
agencies, and every large ILEC. Commission staff shall, with the assistance of
the office of the consumers' counsel, work with the advisory board to
reach consensus on the organization of the board and all activities relating to
the promotion of, marketing of, and outreach regarding lifeline service.
However, where consensus is not possible, the commission's staff shall
make the final determination. Decisions on the organization of the board and
decisions of the advisory board including decisions on how the lifeline
marketing, promotion, and outreach activities are implemented are subject to
commission review. (G) All other aspects of an ILEC
ETC's state-specific lifeline service shall be consistent with federal
requirements. The rates, terms, and conditions for the ILEC's lifeline
service shall be tariffed in accordance with rule 4901:1-6-11 of the
Administrative Code. (H) Eligibility for lifeline service
under this rule shall be consistent with the federal communications commission
(FCC) requirements set forth in 47 C.F.R. 54.410 and is based on either of the
following criteria: (1) An individual's
verifiable participation in any federal or state low-income assistance program
that limits assistance based on household income. These programs
include: (a) Medical assistance under Chapter 5111. of the Revised Code
(medicaid) or any state program that might supplant medicaid; (b) Supplemental nutritional assistance program (SNAP/food
stamps); (c) Supplemental security income (SSI) under Title XVI of the
Social Security Act; (d) Federal public housing assistance, or section 8;
or (e) Veteran's and survivor's pension
benefits. The commission may add or remove programs
from this list as required by federal or state law. (2) Other verification
that an individual's household income is at or below one hundred
thirty-five per cent of the federal poverty level. ILEC ETC's may use any
reasonable method of verification. Consistent with federal law, examples of
acceptable documentation include the following: (a) State or federal income tax return; (b) Current income statement or W-2 from an
employer; (c) Three consecutive months of current pay stubs; (d) Social security statement of benefits; (e) Retirement/pension statement of benefits; (f) Unemployment/workmen's compensation statement of
benefits; (g) Any other legal document that would show current income (such
as a divorce decree or child support document); or (h) Veteran's administration statement of
benefits. (I) All ILEC ETCs must verify customer
eligibility consistent with the federal communications commission's (FCC)
requirements in 47 C.F.R. 54, to enroll customers into lifeline assistance who
qualify through household income-based requirements. (J) To the extent that an ILEC ETC is the only service provider
in a particular exchange, the ILEC ETC where possible, may provide automatic
enrollment at its election. ILEC ETCs electing to enroll subscribers via
automatic enrollment shall take all necessary steps to ensure that there is no
duplication of lifeline service for a specific subscriber. (K) General de-enrollment: An ILEC ETC shall provide written
customer notification if it has a reasonable basis to believe that a Lifeline
subscriber no longer meets the criteria to be considered a qualifying
low-income consumer and the subscriber's customer's lifeline service
benefits are to be terminated due to failure to submit acceptable documentation
for continued eligibility for that assistance. The ILEC ETC and shall provide
the customer subscriber an additional thirty days following the date of the
impending termination letter to submit acceptable documentation of continued
eligibility or dispute the carrier's findings regarding termination of the
lifeline service. (L) De-enrollment for non-usage: Following any continuous
thirty-day period of nonusage of a lifeline service that does not require the
ETC to assess or collect a monthly fee from its subscriber, an ETC shall notify
the customer through any reasonable means that he/she is no longer eligible to
receive lifeline benefits, and shall afford the customer a fifteen-day grace
period during which the customer may demonstrate usage. (M) De-enrollment for failure to
re-certify. An ILEC ETC shall de-enroll a lifeline subscriber who does not
respond to the carrier's attempts to obtain re-certification of the
subscriber's continued eligibility as required by CFR 47 54.410(f); or who
fails to provide the annual one-per-household recertification as required by
CFR 47 54.410(f). Prior to de-enrolling a subscriber under this paragraph, the
ILEC ETC shall notify the subscriber in writing that failure to respond to the
re-certification request will trigger de-enrollment. A subscriber must be given
sixty days to respond to recertification efforts (N) An ILEC ETC shall establish procedures to verify an
individual's continuing eligibility for both program and income-based
criteria consistent with the FCC's requirements in 47 C.F.R. 54.409 to
54.410. ILEC ETCs shall maintain records to document compliance with these
requirements and shall attest, as part of the periodic ETC certification
process by the commission, that they comply with the FCC's
requirements. (O) An ILEC ETC may recover through a customer billing surcharge
on retail customers of the ILEC's telecommunications service other than
lifeline service customers, any lifeline service discounts and any other
lifeline service expenses that are not recovered through federal or state
funding and that are approved by the commission under this paragraph. The
surcharge may not include recovery of expenses related to the marketing and
promotion of lifeline service. The surcharge may be established through one of
the following means: (1) An ILEC ETC that
chooses to establish a customer billing surcharge to non-lifeline customers, to
recover lifeline service discounts and expenses identified in this paragraph
shall file a thirty-day application for tariff amendment (ATA). Such
application may request recovery of lifeline service discounts that are not
recovered through federal or state funding such as federal universal service
fund end user charges, service connection charges, blocking of 900/976,
recurring discount maximizing the contribution of federally available
assistance, and recurring retail price differences between the frozen lifeline
service rate and residential BLES rates, as well as lifeline service expenses
that are not recovered through federal or state funding such as administrative
expenses for the sole purpose of verifying the eligibility and enrolling of
lifeline customers. An applicant must provide documentation to support its
proposed surcharge and its compliance with this rule. Absent suspension or
other commission action, the application shall be deemed approved and become
effective on the thirty-first day or later date if requested by the
company. (2) An ILEC ETC
requesting recovery of any expenses not specified in paragraph (O)(1) of this
rule shall file an application with the commission, using the most up-to-date
telecommunications filing form, under the TP-UNC case purpose code. An
applicant must provide documentation to support its proposed customer billing
surcharge and its compliance with this rule and must further support its
request for recovery of any expenses not specified in paragraph (O)(1) of this
rule with a detailed supporting memorandum. Absent suspension or commission
action, the application shall be deemed approved and become effective on the
one hundred twenty-first day or later date if requested by the
company. (P) If an ILEC ETC chooses to establish a customer billing
surcharge to recover its lifeline expenses under paragraph (O)(1) or (O)(2) of
this rule, the lifeline surcharge shall not appear in the section of the bill
reserved for taxes and government-mandated charges as set forth in 47 C.F.R.
64.2400 to 64.2401. (Q) An ILEC ETC that is authorized to establish a customer
billing surcharge under either paragraph (O)(1) or (O)(2) of this rule shall
annually file with the commission a report that identifies actual amounts
recovered and the actual lifeline service discounts and any other lifeline
service expenses incurred for the prior period. The company shall provide such
data as necessary to enable the commission to validate such amounts to ensure
that the company did not over recover its approved expenses from customers. The
commission shall establish for each such company the time frame for filing this
report when the commission approves any such billing surcharge. The annual
filing may be contained in a request to adjust the billing surcharge in
accordance with paragraph (O)(1) or (O)(2) of this rule, but shall be provided
via a separate filing and docketed in a generic case number to be established
by the commission, if no adjustment to the billing surcharge is sought. Any
over-recovery or under-recovery shall be offset against or added to the next
year's recovery. (R) Every ILEC ETC shall file with the commission in its annual
report for fiscal assessment the number of its customers who receive, at the
time of filing of the report, lifeline service. (S) Upon request of commission staff, additional information
regarding customer subscription to and disconnection of lifeline service shall
be provided to commission staff in accordance with rule 4901:1-6-30 of the
Administrative Code. (T) Competitive eligible telecommunication carriers (CETCs)
lifeline requirements. (1) The lifeline
requirements found in paragraphs (B), (C), (D), (G), (H), (I), (J), (K), (L),
(M), and (N) of this rule apply to the lifeline service offered by any CETC, as
applicable to that CETC's service offerings. (2) A CETC shall provide to commission
staff, upon request, information regarding the number of its lifeline customers
and any additional information regarding customer subscription to and
disconnection of lifeline service in the manner and time frame determined by
commission staff. (3) CETCs that offer lifeline services
that include a defined local calling area shall establish a toll-free or local
customer service number in order that customers can raise customer service
concerns free of charge. (4) CETCs that offer do not have a
defined local calling area shall not deduct minutes for customer
service-related calls. (5) CETCs shall, at a minimum, accept
customer service and repair calls at their respective customer service number
during normal business hours. (U) The payment of financial incentives
by ILEC ETCs and CETCs to community organizations for client referrals is
permitted provided the payments are non-tiered and the arrangements are
nonexclusive.
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Rule 4901:1-6-20 | Discounts for persons with communications disabilities.
Effective:
January 20, 2011
(A) In accordance with section 4927.14 of the Revised Code, telephone companies that provide toll service shall, upon written application and certification of their disabled status by a residential disabled customer or a disabled member of a customer's household, offer one of the following applicable discounts to persons with communication disabilities: (1) No less than a straight seventy per cent discount off the basic message toll service (MTS) current price list day rates on a twenty-four hour a day basis. (2) A forty per cent discount off the intrastate, interexchange, customer-dialed, station-to-station calls occurring between eight a.m. and four fifty-nine p.m. Monday to Friday; a sixty per cent discount off of the intrastate, interexchange, customer-dialed, station-to-station calls occurring between five p.m. and ten fifty-nine p.m. Sunday to Friday, and New Year's day, Independence day, Labor day, Thanksgiving, and Christmas; and a seventy per cent discount off the intrastate, interexchange, customer-dialed, station-to-station calls occurring between eleven p.m. and seven fifty-nine a.m. any day; and eight a.m. and four fifty-nine p.m. Sunday, and all day Saturday. (3) For MTS which is offered similar to the mileage-banded rate structure established in the commission's April 9, 1985 opinion and order in case No. 84-944-TP-COI, with the traditional day, evening, and night/weekend discounts: the "evening" discount off the intrastate, interexchange, customer-dialed, station-to-station calls placed during the "day" period Monday to Friday; and the "night/weekend" discount off the intrastate, interexchange, customer-dialed, station-to-station calls placed during the "evening" period Sunday to Friday, New Year's day, Independence day, Labor day, Thanksgiving, and Christmas. Furthermore, the "night/weekend" discount plus an additional discount equivalent to no less than ten per cent of the company's current price list day rates for basic MTS shall be made available for intrastate, interexchange, customer-dialed, station-to-station calls placed during the "night/weekend" period any day, the "day" period Sunday, and all day Saturday. (B) Certification of disabled status can be evidenced by either a certificate from a physician, health care official, state agency, or diploma from an accredited educational institution for the disabled. (C) The aforementioned discounts are also applicable to all MTS and directory assistance calls placed through the telecommunications relay service. The discounts shall not apply to sponsor charges associated with calls placed to pay-per-call services, such as 900, 976, or 900-like calls. Additionally, certified disabled individuals who utilize telebraille devices are eligible to receive free access to local and intrastate long distance directory assistance. Lines maintained by nonprofit organizations and governmental agencies are also eligible to receive a discount off of their MTS rates upon written application and verification that such lines are maintained for the benefit of the disabled.
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Rule 4901:1-6-22 | Inmate operator service.
[Comment: For dates of references to a section of
either the United States Code or a regulation in the code of federal
regulations, see rule 4901:1-6-02 of the Administrative Code.] (A) All IOS providers must, on intrastate
IOS calls upon request, immediately disclose to the billed party, the methods
by which its rates or charges for the call will be collected and the methods by
which complaints concerning such rates, charges or collections practices will
be resolved.. (B) The maximum rate of any usage sensitive charge that may
be applied by an IOS provider to any intrastate IOS call shall be consistent
with 47 C.F.R. part 64, subpart FF. (C) Notice of any change in IOS rates, whether upward or
downward, must be filed by the IOS provider with the commission in the form of
a new pricing list in the IOS provider's TRF docket. (D) All IOS providers must furnish, on all intrastate IOS
calls, at the beginning of the call before the billed party incurs any charges,
immediate and full rate disclosures that quote the actual intrastate price
lists rates for all components of the call. However, IOS providers may allow a
billed party an opportunity to affirmatively decline receiving the required
rate quote. (E) The maximum rate of any ancillary charges that may be
applied by an IOS provider on any intrastate IOS call shall be consistent with
47 C.F.R. part 64, subpart FF. (F) IOS providers may not charge for uncompleted
calls. (G) Each IOS provider must include in its contract with
each of its customers language requiring that the customer permit the IOS
provider to take whatever steps are necessary to ensure that the IOS provider
is in compliance with all of the established requirements and restrictions
pertaining to IOS. (H) Upon request, each IOS provider must provide, as
directed by the commission or its staff, information concerning its
operations. (I) On all intrastate IOS calls, the IOS provider must
allow the billed party to terminate at no charge before the call is
connected.
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Rule 4901:1-6-23 | Pay telephone access lines.
Effective:
January 20, 2011
(A) Upon request, an incumbent local exchange carrier (ILEC) must provide a pay telephone access line and local usage on the pay telephone access line to payphone service providers, within the ILEC's normal installation intervals. (1) The rates, terms, and conditions for pay telephone access lines shall be tariffed and shall be filed through a thirty-day application for tariff amendment (ATA) filing in accordance with rule 4901:1-6-05 of the Administrative Code. (2) All ILECs' currently tariffed pay telephone access line rates are deemed reasonable, unless the commission determines otherwise through another commission proceeding. (3) Subsequent increases in rates and changes to the terms and conditions, for tariffed pay telephone access lines, shall be filed through a thirty-day ATA filing in accordance with rule 4901:1-6-05 of the Administrative Code. Such applications require supporting documentation including, but not limited to, documentation showing that the rate is in compliance with the federal communications commission's (FCC) new services test for pay telephone access lines, if applicable. (B) Provisioning of pay telephone access lines including the rates, terms, and conditions of such lines is subject to the applicable laws, including rules or regulations adopted and orders issued by the commission or the FCC.
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Rule 4901:1-6-24 | Wireless service provisions.
[Comment: For dates of references to a section of
either the United States Code or a regulation in the code of federal
regulations, see rule 4901:1-6-02 of the Administrative Code.] (A) The commission has authority over
wireless service and wireless service providers to the extent set forth in this
rule and section 4927.03 of the Revised Code. (B) Registration No wireless service provider shall operate in the
state of Ohio without first registering with the commission. Every wireless
service provider desiring to offer wireless service in Ohio shall file a
zero-day registration notice in a radio common carrier (RCC) filing with the
commission utilizing the telecommunications filing form discussed in rule
4901:1-6-04 of the Administrative Code and providing all of the
following: (1) The company's
name. (2) The company's
address. (3) The name of a
contact person and that person's contact information. (4) A service
description, including the general geographic areas served (no maps are
required). (5) Evidence of
registration with the Ohio secretary of state. (6) Evidence of notice to
the Ohio department of taxation, public utilities tax division, of its intent
to provide service. (C) Change in operations Every wireless service provider shall keep its
registration information up-to-date by notifying the commission of any changes
in its operations (i.e., mergers, abandonment, transfers, name changes, and
changes in ownership) by submitting a zero-day notice to the commission for
identification purposes utilizing an up-to-date version of the
commission's telecommunications filing form under its original RCC case
designation code established during the wireless service provider's
registration process. (D) Assessment report The requirements of sections 4905.10, 4905.14,
and 4911.18 of the Revised Code apply to wireless service providers. Wireless
service providers are required to submit, at the time and in the manner
prescribed by the commission, an annual report for fiscal assessment and to pay
the prescribed annual assessment for the maintenance of the commission. A copy
of the form is available on the commission's web site or from the
commission's fiscal division. (E) Jurisdiction authorized by federal
law and regulations. The commission has such power and jurisdiction
with respect to wireless service providers, consistent with divisions (B) of
section 4927.03 and divisions (A) to (D) and (F) of section 4927.04 of the
Revised Code, to perform the obligations authorized by or delegated to it under
federal law, including federal regulations, which obligations include
performing the acts of a state commission as defined in the Communications Act
of 1934, 48 Stat. 1064, 47 U.S.C. 153, as amended, with respect to all of the
following: (1) The rights and
obligations under section 251 of the Telecommunications Act of
1996. (2) Mediation and
arbitration of disputes and approval of agreements under section 252 of the
act. (3) Administration of
telephone numbers and number portability. (4) Certification of
telecommunications carriers eligible for universal service
funding. (5) Administration of
federal regulations on customer proprietary network information. (F) Telecommunications relay service,
eligible telecommunications carrier and lifeline requirements, 9-1-1, and
universal service: The commission has authority over wireless
service, resellers of wireless service, or wireless service providers as set
forth in section 4905.84 of the Revised Code and rule 4901:1-6-36 of the
Administrative Code, as well as, section 4931.99 of the Revised Code. The
commission has authority over wireless service providers with respect to
addressing carrier access policy and creating and administering mechanisms for
carrier access reform as set forth in division (C) of section 4927.15 of the
Revised Code. To the extent that a wireless service provider or reseller of
wireless service seeks certification in Ohio as a telecommunications carrier
eligible for universal service funding under 47 U.S.C. 214(e), the commission
has authority to consider such application under rule 4901:1-6-09 of the
Administrative Code and to impose requirements with respect to lifeline service
under rule 4901:1-6-19 of the Administrative Code if the carrier seeks to
withdraw funds from the universal service fund for the provision of lifeline
service. (G) Compliance and
enforcement The commission has such authority over wireless
service providers under section 4927.20 of the Revised Code as is necessary to
enforce compliance with every order, direction, and requirement of the
commission made under authority of this rule, consistent with division (B) of
section 4927.03 of the Revised Code. The commission has authority to adjudicate
any dispute between telephone companies and wireless service providers or
between wireless service providers that is within the commission's
jurisdiction under section 4927.21 of the Revised Code. (H) Wireless resellers The commission has such authority over resellers
of wireless service as set forth in division (B) of section 4927.03 of the
Revised Code.
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Rule 4901:1-6-25 | Withdrawal of telecommunications services.
Effective:
January 20, 2011
(A) Except as provided in paragraphs (B), (D), and (E) of this rule, a telephone company may cease offering any telecommunications service, by providing a notice of withdrawal of such service or services. (1) Notice, consistent with rule 4901:1-6-07 of the Administrative Code, shall be provided to all affected customers, and the chief of the telecommunications division of the utilities department and the chief of the reliability and service analysis division of the service monitoring and enforcement department at least thirty days prior to the effective date that the telephone company will cease providing a specific telecommunications service. (2) At least thirty days prior to withdrawal of a specific telecommunications service, a telephone company shall provide written notice of its intent to cease providing service to its wholesale customers and to any telephone company wholesale provider of its services, if applicable. (B) Withdrawal of basic local exchange service (BLES) (1) A competitive local exchange carrier (CLEC) shall not discontinue offering BLES within an exchange(s) without filing a zero-day notice filing (ZTA) to withdraw such service or services from its tariff. CLECs must include with the notice filing the actual customer notice and an affidavit verifying that this customer notice has been provided to affected customers at least thirty days prior to the effective date that the CLEC will cease providing BLES. (2) A CLEC ceasing to offer BLES shall return all deposits, including applicable interest, to its customers who do not convert to another service with the CLEC, no later than ninety days after filing its withdrawal notice filing unless a court of competent jurisdiction orders otherwise. (3) At least thirty days prior to withdrawal of BLES, a CLEC shall provide written notice of its intent to cease providing service, to any telephone company from which the applicant obtains wholesale services, if applicable. (4) An incumbent local exchange carrier shall not discontinue providing BLES without complying with the provisions of rule 4901:1-6-27 of the Administrative Code. (C) A local exchange carrier proposing to withdraw telecommunications service(s) within an exchange or other geographical area shall provide a list of its assigned area code prefix(es) or thousand block(s). Such information shall also include any proposed dates or timelines, due to its withdrawal of such telecommunications service(s), wherein the telephone company's area code prefix(es) or thousand block(s) would be reassigned to another carrier and/or returned to the North American numbering plan administrator or pooling administrator. This requirement does not apply where the telecommunications service(s) to be withdrawn does not require the assignment of telephone numbers, or the use of such telephone numbers will continue to be required for other services provided by the local exchange carrier. (D) Withdrawal of tariffed services other than BLES A telephone company may not cease offering any services required to be tariffed pursuant to paragraphs (A)(1)(b) to (A)(1)(i) of rule 4901:1-6-11 of the Administrative Code, without first filing an application to withdraw such service(s) from its tariff, using the most up-to-date telecommunications filing form, and without obtaining prior commission approval. Such an application shall be designated under a TP-UNC case purpose code and shall not be subject to an automatic approval process. (E) Interconnection and resale agreements approved under the Telecommunications Act of 1996 are subject to the terms of the agreements, federal law, and Chapter 4901:1-7 of the Administrative Code.
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Rule 4901:1-6-26 | Abandonment.
Effective:
January 20, 2011
(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.
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Rule 4901:1-6-27 | Provider of last resort (POLR).
Effective:
January 20, 2011
(A) Except as otherwise provided in this rule, an incumbent local exchange carrier (ILEC) shall provide basic local exchange service (BLES) to all persons or entities in its service area requesting that service, and that service shall be provided on a reasonable and nondiscriminatory basis. (B) An ILEC is not obligated to construct facilities and provide BLES, or any other telecommunications service, to the occupants of multitenant real estate, including, but not limited to, apartments, condominiums, subdivisions, office buildings, or office parks, if the owner, operator, or developer of the multitenant real estate does any of the following to the benefit of any other provider of telecommunications service: (1) Permits only one provider of telecommunications service to install its facilities or equipment during the construction or development phase of the multitenant real estate; (2) Accepts or agrees to accept incentives or rewards that are offered by a provider of telecommunications service to the owner, operator, developer, or occupants of the multitenant real estate and are contingent on the provision of telecommunications service by that provider to the occupants, to the exclusion of services provided by other providers of telecommunications service; or (3) Collects from the occupants of the multitenant real estate any charges for the provision of telecommunications service to the occupants, including charges collected through rents, fees, or dues. (C) An ILEC not obligated to construct facilities and provide BLES pursuant to paragraph (B) of this rule shall notify the commission of that fact within one hundred twenty days of receiving knowledge thereof. Such notification shall be filed in a zero-day notice under a ZTA case caption including, where applicable, any necessary tariff revisions outlining the geographic boundaries of the ILEC's service area to which the notification would apply. In addition, the notice shall specify the circumstances under which the company qualifies to invoke paragraph (B) of this rule. (D) An ILEC that receives a request from any person or entity to provide BLES under the circumstances described in paragraph (B) of this rule shall, within fifteen days of receipt of such request, provide notice to the requesting person or entity specifying whether the ILEC will provide the requested service. If the ILEC provides notice that it will not serve the person or entity, the notice shall: (1) Explain the reason for not offering the requested BLES; and (2) Describe the person's or entity's right to file a complaint with the commission under section 4927.21 of the Revised Code within thirty days after receipt of the notice. (E) In resolving any complaint under paragraph (D) of this rule, the commission's determination shall be limited to whether any circumstance described in paragraphs (B)(1) to (B)(3) of this rule exists. Upon a finding by the commission that such a circumstance exists, the complaint shall be dismissed. Upon a finding that such circumstances do not exist, the person's or entity's sole remedy shall be provision by the ILEC of the requested service within a reasonable time, as determined by the commission. (F) When the circumstances described in paragraph (B) of this rule cease to exist, and a person or entity subsequently requests that the ILEC provide BLES, the ILEC shall be required to provide BLES to such real estate, unless the ILEC files with the commission a request for waiver pursuant to paragraph (G) of this rule and such request is granted. In the event that the commission determines that the ILEC should not be required to provide BLES, the commission will initiate a commission proceeding for determining a successor telephone company. (G) An ILEC may apply to the commission for a waiver from compliance with paragraph (A) of this rule in circumstances other than those listed in paragraph (B) of this rule, through an application for waiver (WVR) filing. (1) The application for waiver of the ILEC's obligation under paragraph (A) of this rule shall include, at the minimum, all of the following: (a) A clear and detailed description of the geographic boundary of the ILEC's service area to which the requested waiver would apply; (b) The requested effective date of the waiver; (c) A clear identification of class of customer impacted by the waiver, if any customer-class limitation of waiver is requested, and the number of persons or entities who would be impacted by the requested waiver; (d) A clear explanation of the rationale behind the requested waiver, including an unusual technical limitation or an economic analysis demonstrating a financial hardship to provide BLES in the requested geographic area and an identification of any available alternative providers of telecommunications service; (e) A proposed newspaper customer notice, consistent with paragraph (G)(2) of this rule; (f) A clear explanation as to whether the requested waiver would apply only to prospective customers or to the entire customer-base in the requested geographic area; (g) A clear explanation of how customers would otherwise have access to BLES or alternative service offerings that are just and reasonable; and (h) A clear explanation of how the requested waiver would be just, reasonable, and not contrary to the public interest. (2) The ILEC applying for the waiver shall provide, with its application, a draft copy of its proposed customer notice to be published one time in a newspaper of general circulation throughout the service area identified in the application. In addition, the ILEC shall also provide any other notice required by the commission in the waiver proceeding to any affected persons who are or would be potentially impacted by the requested waiver. For purposes of this rule, affected persons shall include, at a minimum, any existing customers of the requesting ILEC within the geographic boundary of the ILEC's service area to which the requested waiver would apply. Upon the filing of a waiver application filed under this paragraph, the commission, attorney examiner, or legal director shall issue an entry which addresses customer notice content and service, establishes a reasonable opportunity for comment, schedules a hearing as set forth in paragraph (G)(3) of this rule, and addresses any other procedural matters. (3) The commission shall order a public hearing in the service area(s) identified in the application pursuant to paragraph (G)(1)(a) of this rule. (4) No later than one hundred twenty days after the filing of a complete application pursuant to paragraph (G) of this rule, the commission either shall issue an order granting the waiver if, upon investigation, it finds the waiver to be just, reasonable, and not contrary to the public interest, and that the applicant demonstrates a financial hardship or an unusual technical limitation, or shall issue an order denying the waiver based on a failure to meet those standards and specifying the reasons for the denial. (H) A waiver application filed under paragraph (G) of this rule that does not contain all of the information required by paragraph (G)(1) of this rule will be considered deficient and will not trigger the one hundred twenty-day review period in paragraph (G)(4) of this rule until the date that a complete application has been filed by the applicant. The commission, the legal director, or an attorney examiner has the authority to issue an entry either dismissing the application or establishing the date that the application is complete and begin the one hundred twenty-day review period.
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Rule 4901:1-6-28 | Bankruptcy.
[Comment: For dates of references to a section of
either the United States Code or a regulation in the code of federal
regulations, see rule 4901:1-6-02 of the Administrative Code.] A telephone company seeking bankruptcy protection
from any jurisdiction under Chapter 7 or 11 of the United States bankruptcy
code shall notify the commission by serving notice of the bankruptcy filing on
the chief of the telecommunications section of the utilities department. The
notification shall include a copy of any and all notices or pleadings filed in
the bankruptcy court, specifically setting forth the date and type of
bankruptcy, the name and address of the bankruptcy court, the name and address
of the bankruptcy attorney, and the name and address of a person at the company
who can provide additional information regarding Ohio customers.
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Rule 4901:1-6-29 | Telephone company procedures for notifying the commission of changes in operations.
Effective:
February 17, 2020
[Comment: For dates of references to a section of
either the United States Code or a regulation in the code of federal
regulations, see rule 4901:1-6-02 of the Administrative Code.] (A) Every telephone company shall update
its certification authority if there is any change in its operations as
identified in this rule. (B) Procedures for notifying the
commission of updates to certification authority and certain changes in
operations by a local exchange carrier (LEC) providing basic local exchange
service (BLES). (1) A LEC providing BLES
shall file a telecommunications filing form pursuant to paragraph (A) of rule
4901:1-6-04 of the Administrative Code and the required attachments as set
forth on that form for an application notifying the commission of the following
changes in its operations in the appropriate application listed in this
paragraph: (a) ATC - An application to transfer a certificate to a
preselected transferee. (b) ATR - An application to conduct a transaction involving one
or more LECs providing BLES for the purchase, sale, or lease of property,
plant, or business which may affect the operating authority of a party to the
transaction. (c) ACN - An application to change the name of a LEC providing
BLES. (2) All applications
filed pursuant to paragraph (B)(1) of this rule are subject to a thirty-day
automatic approval process as described in rule 4901:1-6-05 of the
Administrative Code. (C) Procedures for notifying the
commission of updates to certification authority and certain changes in
operations by telephone companies. (1) All telephone
companies, except LECs providing BLES subject to the exception set forth in
paragraph (E)(2) of this rule, shall file a telecommunications filing form
pursuant to paragraph (A) of rule 4901:1-6-04 of the Administrative Code and
the required attachments as set forth on that form when notifying the
commission of the following changes in operations (CIO): (a) For any change in ownership which is transparent to
customers. (b) For an application to transfer a certificate and/or conduct
a sale or lease of property, plant, customer base, or business which may affect
the operating authority of a party(ies) to the transaction. (c) For an application by two or more telephone companies to
merge. (d) For an application to change the name of a telephone
company. (2) A CIO application is
subject to a zero-day notice filing process as described in rule 4901:1-6-05 of
the Administrative Code. (D) Customer notification A telephone company shall provide to its affected
customers, in accordance with rule 4901:1-6-07 of the Administrative Code, at
least fifteen days' advance notice (e.g., direct mail, bill insert, or
bill notation) of any change in the company's operations identified by
this rule that is not transparent to its customers and may impact service, and
file a copy of such notice with the commission concurrent with the filing of an
application under this rule. In the alternative, a telephone company subject to
the notification procedures set forth in 47 C.F.R. 63.71, may submit evidence
of a customer notice already provided for the purpose of informing subscribers
of a change in operations consistent with the requirements of the federal
communications commission. (E) Procedures for merger and change in
control applications of a LEC providing BLES (1) A LEC providing BLES shall obtain the prior approval of
the commission for a change in control (ACO) or approval of a merger with
another telephone company (AMT) under section 4905.402 of the Revised Code. An
applicant shall file with the commission a telecommunications filing form
pursuant to rule 4901:1-6-04 of the Administrative Code and the required
attachments as set forth on that form. An AMT and/or ACO application must
demonstrate that the change in control or merger will promote public
convenience and result in the provision of adequate service for a reasonable
rate, rental, toll, or charge. If the commission considers a hearing necessary,
it may fix a time and place for hearing. If, after review of the application,
and after any necessary hearing, the commission is satisfied that approval of
the application will promote public convenience and result in the provision of
adequate service for a reasonable rate, rental, toll, or charge, the commission
shall approve the application and make such order as it considers proper. If
the commission fails to issue an order within thirty days of the filing of the
application, or within twenty days of the conclusion of a hearing, if one is
held, the application shall be deemed approved. (2) Paragraph (E)(1) of this rule does not apply in any
instance where there is a pending application with the federal communications
commission (FCC) regarding either the acquisition of control of a domestic
telephone company or a holding company controlling a domestic telephone company
or a merger of a domestic telephone company. A domestic telephone company or a
holding company controlling a domestic telephone company that files an
application with the FCC seeking authority for a transfer of control or merger
shall file, on the same day that the domestic telephone company or a holding
company controlling a domestic telephone company files its application with the
FCC, a telecommunications filing form pursuant to paragraph (A) of rule
4901:1-6-04 of the Administrative Code for a change in operations (CIO). Such
notice shall include an internet link to the FCC application. A CIO application
is subject to a zero-day notice filing process as described in rule 4901:1-6-05
of the Administrative Code.
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Rule 4901:1-6-30 | Company records and complaint procedures.
Effective:
February 17, 2020
(A) The commission may investigate or
examine the books, records, or practices of any telephone company to the extent
of the commission's jurisdiction over the company under sections 4927.01
to 4927.21 of the Revised Code. Telephone companies shall have available for
auditing or inspection by commission staff sufficient books, records,
contracts, documents, and papers for any purpose incidental to the
commission's authority under sections 4927.01 to 4927.21 of the Revised
Code, in accordance with this chapter and the rules and procedures prescribed
by the federal communications commission. (1) Such records should
be retained by telephone companies for at least eighteen months, unless
otherwise specified by the commission. (2) Upon commission
staff request, the telephone company shall provide such records of sufficient
detail, to permit review of the telephone company's compliance with the
rules of this chapter. Upon request, the telephone company shall provide data
or information in a format agreed upon by the commission staff. (B) Following a complaint made to the public utilities
commission of Ohio by a consumer concerning basic local exchange service, a
telephone company shall permit the commission or commission staff to
investigate or inspect the companys plant and facilities implicated by
the complaint to the extent the complaint is within the commissions
jurisdiction over the company under sections 4927.01 to 4927.21 of the Revised
Code. (C) A telephone company shall provide commission staff with
a company contact, including a toll free number and an e-mail address, for
complaint resolution and shall respond to commission and consumer inquiries and
complaints in a reasonable and timely manner.
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Rule 4901:1-6-31 | Emergency and outage operations.
[Comment: For dates of references to a section of
either the United States Code or a regulation in the code of federal
regulations, see rule 4901:1-6-02 of the Administrative Code.] (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.
The commission will utilize existing FCC rules applicable to emergency and
outage operations. Companies shall submit outage reports utilizing, at the
company's discretion, either existing FCC reports or a format determined
by the commission. (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 statewide emergency services
internet protocol network steering committee or its designee, 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
same information as that provided to the FCC or 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. (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
telecommunications 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.
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Rule 4901:1-6-32 | Boundary changes, and administration of borderline boundaries.
Effective:
January 20, 2011
This rule applies to all incumbent local exchange carriers (ILECs). (A) Except as otherwise provided in this chapter, an ILEC shall continue to make available basic local exchange service (BLES) to all persons and entities in its traditional service area. Commission-maintained telephone exchange boundary maps shall be the official source/documentation of ILEC service areas and boundaries. (B) Whenever an ILEC proposes to change the boundary of an exchange area, the ILEC shall file an application seeking to change the boundary. Whenever the exchange area involves the exchange area of two or more ILECs, the application shall be filed jointly by the companies involved. (C) Such application to change boundaries (ACB) is subject to a fourteen-day automatic approval procedure. An ILEC application submitted for approval shall include: (1) A description of the change being made to the boundary. The company shall work with staff to ensure that the commission's maps reflect accurately the boundary changes, using the company's latest technology and the telephone boundary quadrangle maps as found on the commission's website as a basis for the boundary change. (2) The reasons for making the change, and one of the following:. (a) A statement explaining the effect of the change, if any, on existing BLES subscribers. (b) A statement attesting that the change does not adversely affect the service being furnished to any existing BLES subscriber. (c) A statement attesting that each existing BLES subscriber whose service is adversely affected has consented to the change (D) Any borderline boundary dispute between ILECs or between an ILEC and a customer shall be subject to the complaint procedures under section 4927.21 of the Revised Code.
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Rule 4901:1-6-33 | Excess construction charges applicable to certain line extensions for the furnishing of local exchange telephone service.
Effective:
January 20, 2011
(A) An incumbent local exchange carrier (ILEC) shall provide basic local exchange service (BLES) in its traditional service area to all persons or entities in its service area requesting that service except as otherwise provided in section 4927.11 of the Revised Code. (B) Where no facilities are available and where an ILEC must construct permanent facilities on public rights-of-way in order to furnish service to an applicant or applicants for service in its traditional service area, the ILEC may require the applicant to pay excess construction charges in accordance with commission-approved tariffs. A credit against the cost of excess construction charges may be given where an applicant performs the labor of digging holes, or trimming or removing trees in the right-of-way in accordance with the ILEC's specifications. Where more than one applicant is to be furnished service along the same route, the applicants as a group may be required to share proportionately the excess construction charges. (C) An ILEC may not charge an applicant for any excess construction charges for BLES unless provisions for such charges are set forth in the company's tariff and approved by the commission.
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Rule 4901:1-6-34 | Filing of contracts, agreements, or arrangements entered into between telephone companies.
Effective:
January 20, 2011
When necessary for the commission to carry out sections 4927.01 to 4927.21 of the Revised Code, and only as required by the commission, a telephone company shall file with the commission a copy of any contract, agreement, or arrangement, in writing, with any other public utility relating in any way to the construction, maintenance, or use of its plant or property, or to any service, rate, or charge.
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Rule 4901:1-6-35 | Filing of reports by telephone companies subject to the federal communications commission.
[Comment: For dates of references to a section of
either the United States Code or a regulation in the code of federal
regulations, see rule 4901:1-6-02 of the Administrative Code.] Upon request, each telephone company operating
within the state of Ohio shall submit to the director of the utilities
department of the commission or the director's designee a copy of any
reports filed with the federal communications commission pursuant to 47 C.F.R.
43.
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Rule 4901:1-6-36 | Telecommunication relay services assessment procedures.
Effective:
August 27, 2018
(A) This rule is limited to the
commission's administration and enforcement of the assessment for the
intrastate telecommunications relay service (TRS) in accordance with section
4905.84 of the Revised Code. (B) For the purpose of funding the TRS,
the commission shall collect an assessment to pay for the costs incurred by the
TRS provider for providing the service in Ohio, from each service provider that
is required under federal law to provide its customers access to TRS, including
telephone companies, wireless service providers, resellers of wireless service,
and providers of advanced services or internet protocol-enabled services that
are competitive with or functionally equivalent to voice-grade, end user access
lines, and other telecommunications services that are competitive with or
functionally equivalent to voice-grade, end user access lines in the event such
provider is subsequently required under federal law to provide its customers
access to TRS. For purposes of this rule, advanced services and internet
protocol-enabled services have the meanings ascribed to them by federal law,
including federal regulations. (C) Each service provider identified in
paragraph (B) of this rule shall be assessed by the commission by taking the
TRS appropriation and applying a credit which reflects over collected or under
collected monies from the previous year to obtain the total amount to be
assessed which is then divided by the total number of lines reported on the TRS
reports for that year resulting in a rate per line. The rate per line is then
multiplied by the number of lines per service provider, as reported on the
annual TRS reports, which results in a billed amount per company. In accordance
with division (C) of section 4905.84 of the Revised Code, the billed amount
will necessarily vary by year as the appropriation amount, number of service
providers, and number of lines in service change per year. (D) To determine the assessment amount
owed by each provider the commission staff shall use the number of voice-grade,
end user access lines, or their equivalent, as reflected in each
provider's most recent federal communications commission form 477, where
applicable. All providers shall submit to the commission staff, on a
semi-annual basis, a completed form, as prescribed by the commission staff,
which contains the number of the provider's retail customer access lines
or their equivalent. (E) Sixty days prior to the date each
service provider is required to make its assessment payment in accordance with
paragraph (C) of this rule, the commission staff shall notify each service
provider of its proportionate share of the costs to compensate the TRS
provider. (F) The commission staff shall annually
reconcile the funds collected with the actual costs of providing TRS when it
issues the assessment in accordance with paragraph (E) of this rule and shall
either proportionately charge the service providers for any amounts not
sufficient to cover the actual costs or proportionately credit amounts
collected in excess of the actual costs. (G) In accordance with division (C) of
section 4905.84 of the Revised Code, each service provider that pays the
assessment shall be permitted to recover the cost of the assessment. The method
of the recovery may include, but is not limited to, a customer billing
surcharge. Any telephone company, other than a wireless service provider, that
proposes a customer billing surcharge or a change in the surcharge shall file a
zero-day notice filing (ZTA) with the commission, in accordance with rule
4901:1-6-04 of the Administrative Code. The ZTA will take effect on the same
day the filing is made in accordance with paragraph (B) of rule 4901:1-6-05 of
the Administrative Code. Each regulated provider imposing a surcharge on its
customers must provide notice to its customers a minimum of fifteen days prior
to the effective date of the surcharge in accordance with rule 4901:1-6-07 of
the Administrative Code. (H) In accordance with division (D) of
section 4905.84 of the Revised Code, the commission shall take such measures as
it considers necessary to protect the confidentiality of information provided
pursuant to paragraph (D) of this rule. (I) The commission may direct the
attorney general to bring an action for immediate injunction or other
appropriate relief to enforce commission orders and to secure immediate
compliance with this rule.
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Rule 4901:1-6-37 | Assessments and annual reports.
(A) Every telephone company or
competitive eligible telecommunications carrier (CETC) and wireless service
provider shall file the annual report for fiscal assessment, as required by the
commission and in the format prescribed by commission entry. The annual report
for fiscal assessment shall be limited to information necessary for the
commission to calculate the assessment provided for in section 4905.10 of the
Revised Code. The commission shall protect any confidential information in
every company and provider report. (B) In addition to the information
necessary for the commission to calculate the assessment provided for in
section 4905.10 of the Revised Code, telephone companies subject to section
4905.71 of the Revised Code shall provide in their annual report for fiscal
assessment information required by the commission to calculate pole attachment
and conduit occupancy rates in a manner consistent with requirements of Chapter
4901:1-3 of the Administrative Code, and any other information the commission
determines necessary to fulfill its responsibility under section 4905.71 of the
Revised Code. This information shall be provided in the format prescribed in
the commission's annual reporting form for telephone
companies. (C) All wireless resellers of lifeline
service not presently assessed a fee for the commission's support shall be
assessed an annual fee to be determined by the commission.
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