This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 4901:1-6-01 | Definitions.
Effective:
August 31, 2023
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) means the same as division (A)(1) of section 4927.01 of
the Revised Code. (D) "Bundle or package of
services" means the same as division (A)(2) of section 4927.01 of the
Revised Code. (E) "Carrier access" means the
same as 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" means the
same as 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"
means the same as 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)" means the
same as 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" means the same
as 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" means the same
as division (A) of section 4927.123 of the Revised Code. (V) "Local exchange carrier" means the same as division
(A)(8) of section 4927.01 of the Revised Code. (W) "Local service area" means the same as 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, piece of mail, or email which serves to record the
actual date of its mailing. (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" means the same as 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" means the same as division
(A)(11) of section 4927.01 of the Revised Code. (HH) "Telecommunications carrier" means the same as
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" means the same as
division (A)(13) of section 4927.01 of the Revised Code. (KK) "Telephone company" means the same as division
(A)(14) of section 4927.01 of the Revised Code. (LL) "Telephone exchange service" means the same as
division (A)(15) of section 4927.01 of the Revised Code. (MM) "Telephone toll service" means the same as 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) means
the same as division (A)(17) of section 4927.01 of the Revised
Code. (PP) "Wireless service means the same as division (A)(19) of
section 4927.01 of the Revised Code. (QQ) "Wireless service provider" means the same as
division (A)(20) of section 4927.01 of the Revised Code.
Last updated August 31, 2023 at 8:32 AM
|
Rule 4901:1-6-02 | Purpose and scope.
Effective:
August 31, 2023
[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 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 a
partys detailed application or motion containing the requested waiver
period, waive any requirement of this chapter, for good cause shown, other than
a requirement mandated by statute from which no waiver is
permitted. (F) 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. (G) Each citation 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, to incorporate by reference the particular version of
the cited matter that was effective on July 1, 2022. (H) Telephones companies shall follow all applicable
federal statutes and regulations.
Last updated August 31, 2023 at 8:32 AM
|
Rule 4901:1-6-03 | Investigation and monitoring.
Effective:
August 31, 2023
Consistent with applicable law, nothing contained
within this chapter precludes 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.
Last updated August 31, 2023 at 8:32 AM
|
Rule 4901:1-6-04 | Application and notice filings.
Effective:
August 31, 2023
(A) For all applications filed under this
chapter, a telephone company shall complete 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 website. (B) 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. (C) 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.
Last updated August 31, 2023 at 8:33 AM
|
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.
|
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.
|
Rule 4901:1-6-07 | Customer notice requirements.
Effective:
August 31, 2023
(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 customer notice is to be provided consistent with the
requirements of division (A) of section 4927.17 of the Revised Code. 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 will 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 will 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 is to 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 will 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 will 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 will 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 is to 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.
Last updated August 31, 2023 at 8:33 AM
|
Rule 4901:1-6-08 | Telephone company certification.
Effective:
August 31, 2023
(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 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 may 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, may 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 is as follows: (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. Upon
receiving certification, a CLEC may start providing service after 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 is to 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, is to 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 has to
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 will
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 has to update
its certification if it seeks to expand its operation within its statewide
authorization subsequent to certification. To do so, the CLEC will 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 will 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.
Last updated August 31, 2023 at 8:33 AM
|
Rule 4901:1-6-09 | Eligible telecommunications carriers.
Effective:
August 31, 2023
[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), an entity has to provide the
following: (1) 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) The most up-to-date
telecommunications filing form and include all completed exhibits as required
by the filing form. Commission staff will maintain a current, updated copy of
the CETC 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 is filed as a TP-UNC case purpose code which
is not 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 Compliance by all ETCs, i.e., incumbent local
exchange carrier ETCs and CETCs with the following annual reporting
requirements is necessary in order to be eligible for federal universal service
funding in any given year: (1) No later than August
thirty-first of each year, an ETC receiving high cost funding files 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 files
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.
Last updated August 31, 2023 at 8:33 AM
|
Rule 4901:1-6-10 | Competitive emergency services telecommunications carrier certification.
Effective:
August 31, 2023
(A) No person may be authorized as a
competitive emergency services telecommunications carrier (CESTC) in the state
of Ohio, unless it submits 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. No competitive local
exchange carrier or incumbent local exchange carrier operating outside of its
traditional service area that is seeking to offer CESTC service, subsequent to
its initial certification is authorized to offer such service unless it files a
thirty-day ACE seeking CESTC authority, a proposed CESTC tariff, and any
additional items requested by commission staff and receives authorization to
provide that service. (B) Certificate timeline (1) Parties seeking to
contest the application may intervene as provided by rule 4901-1-11 of the
Administrative Code on or before fifteen calendar days after the application is
filed. The applicant may respond to any motion to intervene not later than
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 operate as a 9-1-1 system
service provider only after 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 will 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 will 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 are to be submitted to the
statewide emergency services internet protocol network steering committee or
its designee. (F) A CESTC will 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 may 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 should 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.
Last updated August 31, 2023 at 8:35 AM
|
Rule 4901:1-6-11 | Tariff services.
Effective:
August 31, 2023
(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 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 will 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 will
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.
Last updated August 31, 2023 at 8:35 AM
|
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.
|
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.
|
Rule 4901:1-6-14 | BLES pricing parameters.
Effective:
August 31, 2023
(A) Rates for basic local exchange
service (BLES) offered by a local exchange company (LEC) are subject to the
tariff requirements and pricing constraints set forth in this
rule. (B) BLES regulatory
framework (1) BLES can 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 will 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 will 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 is to 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 of the Revised Code 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 will 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 will
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 is to 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, are to 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 are to 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.
Last updated August 31, 2023 at 8:35 AM
|
Rule 4901:1-6-15 | Directory information.
Effective:
August 31, 2023
A local exchange carrier providing basic local exchange service shall
make available to its customers a telephone directory or directory information
pursuant to the requirements set forth in division (A)(1)(b)(vi) of section
4927.01 of the Revised Code.
Last updated August 31, 2023 at 8:36 AM
|
Rule 4901:1-6-16 | Unfair or deceptive acts and practices.
Effective:
August 31, 2023
[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) 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: (1) 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. (2) Identifying, in
written or printed advertising or promotional literature, any material
exclusions, reservations, limitations, modifications, or conditions, which
should be located in close proximity to the operative words in the
solicitation, offer, or marketing materials. (B) 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. (C) 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. (D) Nothing in this rule precludes the
commission from finding additional acts or practices, in addition to those
identified in paragraph (A) 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 will provide notice of an
adjudications pursuant to division (B) of section 4927.07 of the Revised Code
to all telephone companies. 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 (A) 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. (E) 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. (F) Every customer's bill shall
include the following statements that customers with bill questions or
complaints should contact the telephone company first, as well as the following
texts: "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)." In addition to PUCO information, for residential
bills only: "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."
Last updated August 31, 2023 at 8:36 AM
|
Rule 4901:1-6-18 | Slamming and preferred carrier freezes.
Effective:
August 31, 2023
[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 64.1190. 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) 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. (C) 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. (D) 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.
Last updated August 31, 2023 at 8:36 AM
|
Rule 4901:1-6-19 | Lifeline requirements.
Effective:
August 31, 2023
[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 consistent with section 4927.13 of the Revised Code
and 47 C.F.R. 54.400, et seq., as applicable, throughout the ILEC ETC's
traditional service area for its eligible residential customers. (B) An ILEC ETCs lifeline service shall provide for
a waiver of the federal universal service fund end user charge and; a waiver of
the telephone company's service deposit requirement. (C) Commission staff shall, with the assistance of the
office of the consumers' counsel, work with the advisory board established
by division (A)(3)(a) of section 4927.13 of the Revised Code 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. Every
large ILEC shall work with the advisory board to reach consensus, where
possible, regarding an appropriate lifeline budget for promoting lifeline and
promoting outreach and regarding how the budget will be spent. (D) 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. (E) The customer billing
surcharge authorized by division (D) of section 4927.13 of the Revised Code 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 (F)(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
including further support of its request for recovery of any expenses not
specified in paragraph (F)(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. (F) If an ILEC ETC
chooses to establish a customer billing surcharge to recover its lifeline
expenses under paragraph (F)(1) or (F)(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. (G) An ILEC ETC that is
authorized to establish a customer billing surcharge under either paragraph
(F)(1) or (F)(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 (F)(1) or
(F)(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. (H) 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. (I) Competitive eligible
telecommunication carriers (CETCs) lifeline requirements. (1) The lifeline requirements found in paragraphs (A), (B),
(D), and (H) 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 lifeline services that 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. (J) 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.
Last updated August 31, 2023 at 8:36 AM
|
Rule 4901:1-6-20 | Discounts for persons with communications disabilities.
Effective:
August 31, 2023
(A) In accordance with section 4927.14 of
the Revised Code, telephone companies that provide toll service will, 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 will 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 do 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.
Last updated August 31, 2023 at 8:37 AM
|
Rule 4901:1-6-21 | Carrier's withdrawal or abandonment of basic local exchange service (BLES) or voice service.
Effective:
November 7, 2022
(A) The collaborative process established
under section 749.10 of Amended Substitute House Bill 64 of the 131st General
Assembly will review the number and characteristics of basic local exchange
service customers, evaluate what alternative reasonable and comparatively
priced voice services are available to residential BLES customers and the
prospect of the availability of a reasonable and comparatively priced voice
service where none exist. This will be done for the purpose of identifying any
exchanges or residential BLES customers with the potential to not have access
to a reasonable and comparatively priced voice service. For purposes of rule
4901:1-6-21 of the Administrative Code, "reasonable and comparatively
priced voice service" is a voice service that satisfies the definition set
forth in division (B)(3) of section 4927.10 of the Revised Code. A voice
service is presumptively deemed competitively priced, subject to rebuttal, if
the rate does not exceed the higher of either: (1) the incumbent local exchange
carriers (ILEC) BLES rate by more than twenty per cent; or (2) the
federal communications commission's (FCC) reasonable comparability
benchmark for voice services, which is defined as two standard deviations above
the urban average that is calculated by the FCC on an annual basis as defined
in 47 C.F.R. 54.313(a)(2). (B) An ILEC cannot discontinue offering
BLES within an exchange without filing a notice for the withdrawal of BLES
(WBL) to withdraw such service from its tariff. Receipt of this notice by the
commission will trigger the one hundred twenty-day statutory time frame
allotted for the commission investigation set forth in division (B) of section
4927.10 of the Revised Code. As part of this notice and investigation process,
an ILEC has to provide the following: (1) A copy of the FCC
order that allows the ILEC to withdraw the interstate-access component of its
BLES under 47 U.S.C. 214 or other evidence that the FCC has automatically
approved the ILEC's application to withdraw the interstate access
component of its BLES. (2) A copy of the notice
of the withdrawal or abandonment of BLES sent to all affected customers no
later than the day the notice for the withdrawal of BLES is filed with the
commission to ensure that affected customers have at least one hundred and
twenty days notice before the ILEC withdraws or abandons BLES. The notice has
to include a provision stating that those affected customers unable to obtain
reasonable and comparatively priced voice service have the right to file a
petition with the commission and the earliest date upon which the affected
customer's BLES will be discontinued. The notice needs to state the
petition has to be filed no later than thirty days from the date on the notice
and provide the affected customers with the commission's and the office of
the Ohio consumers' counsel's (OCC) mailing address, toll-free
telephone number, and website address for additional information regarding the
notice of the withdrawal or abandonment of BLES and filing of a petition. For
purposes of rule 4901:1-6-21 of the Administrative Code, "affected
customers" means a residential customer receiving BLES that will be
discontinued by the withdrawing or abandoning ILEC. (3) A copy of the notice
published concurrent to the WBL filing. The notice has to be published one-time
in the non-legal section of a newspaper of general circulation throughout the
area subject to the application. The notice needs to provide the affected
customers with the commission's and OCC's toll-free telephone number
and website address for additional information regarding the application and
filing of a petition. (4) An attachment to the
notice will have to either: (1) reference any finding of providers of
reasonable and comparatively priced voice service, identified by the
collaborative process established under section 749.10 of Amended Substitute
House Bill 64 of the 131st General Assembly, offering that voice service in the
exchanges the ILEC is withdrawing or abandoning BLES with this notice; or (2)
identify a provider of a reasonable and comparatively priced voice service
offering that service, as of the date of the notice filing, to affected
customers, regardless of the technology or facilities used by the provider. All
affected customers do not have to receive service from the same provider of
reasonable and comparatively priced voice service. (5) A clear and detailed
description, including a map, of the geographic boundary of the ILEC's
service area to which the requested withdrawal would apply. (C) If a residential customer to whom
notice has been given, pursuant to paragraph (B)(2) of this rule, is unable to
obtain reasonable and comparatively priced voice service upon the withdrawal or
abandonment of BLES offered by an ILEC, the customer or their authorized
representative may file a petition, in the assigned WBL case number, with the
commission within thirty-days of receiving the notice. For purposes of this
rule, a petition is a written statement in any format from an affected customer
claiming that the customer will be unable to obtain reasonable and
comparatively priced voice service upon the withdrawal or abandonment of BLES
offered by an ILEC. Alternatively, if a residential customer is identified by
the collaborative process established under section 749.10 of Amended
Substitute House Bill 64 of the 131st General Assembly as a customer who will
be unable to obtain reasonable and comparatively priced voice service upon the
withdrawal or abandonment of BLES offered by an ILEC, that customer will be
treated as though the customer filed a timely petition. (D) If no affected residential customers
file a petition and no residential customers are identified by the
collaborative process set forth in section 749.10 of Amended Substitute House
Bill 64 of the 131st General Assembly, the ILEC's notice to withdraw or
abandon will be deemed to have satisfied the requirements to withdraw or
abandon BLES pursuant to section 4927.10 of the Revised Code. (E) If the commission's
investigation determines that no reasonable and comparatively priced voice
service is available to the customer, identified in paragraph (C) of this rule,
at the customer's residence and the commission cannot identify a willing
provider of a reasonable and comparatively priced voice service to serve the
customer, the ILEC requesting the withdrawal or abandonment will have to
provide a reasonable and comparatively priced voice service, via any technology
or service arrangement, to the customer at the customer's residence for
not less than twelve months from the date of the order issued by this
commission. This order will also address all petitions filed or all customers
identified through the collaborative process. For purposes of rule 4901:1-6-21
of the Administrative Code, "willing provider" is any provider,
identified by the commission through its investigation process, voluntarily
offering a reasonable and comparatively priced voice service at the
customer's residence, to any residential customer affected by the
withdrawal or abandonment of BLES. (1) If after the initial
twelve-month period, the commission has not identified a willing provider of a
reasonable and comparatively priced voice service to serve the customers,
identified in paragraph (C) of this rule, the ILEC requesting the withdrawal or
abandonment will have to continue to provide a reasonable and comparatively
priced voice service, via any technology or service arrangement, to the
customer at the customer's residence for an additional twelve-month
period. (2) If after the second
twelve-month period, the commission has not identified a willing provider of a
reasonable and comparatively priced voice service to serve the customers,
identified in paragraph (C) of this rule, the ILEC requesting the withdrawal or
abandonment will have to continue to provide a reasonable and comparatively
priced voice service, via any technology or service arrangement, to the
customer at the customer's residence until otherwise authorized by the
commission.
Last updated November 7, 2022 at 10:13 AM
|
Rule 4901:1-6-22 | Inmate operator service.
Effective:
August 31, 2023
[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 will, 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 is to be consistent with
47 C.F.R. part 64, subpart FF. (C) Notice of any change in IOS rates, whether upward or
downward, will 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 are to 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 will be consistent with 47 C.F.R.
part 64, subpart FF. (F) IOS providers are not to charge for uncompleted
calls. (G) Each IOS provider will 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 is to provide, as directed by
the commission or its staff, information concerning its
operations. (I) On all intrastate IOS calls, the IOS provider will allow the
billed party to terminate at no charge before the call is
connected.
Last updated August 31, 2023 at 8:37 AM
|
Rule 4901:1-6-23 | Pay telephone access lines.
Effective:
August 31, 2023
(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 if it offers such services to
payphone service providers as provided by its tariff. (1) The rates, terms,
and conditions for pay telephone access lines are to be tariffed and 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, are to 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.
Last updated August 31, 2023 at 8:37 AM
|
Rule 4901:1-6-24 | Wireless service provisions.
Effective:
August 31, 2023
[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 A wireless service provider can operate in the
state of Ohio after it registers with the commission. Every wireless service
provider desiring to offer wireless service in Ohio is to 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 will 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.
Last updated August 31, 2023 at 8:37 AM
|
Rule 4901:1-6-25 | Withdrawal of telecommunications services.
Effective:
August 31, 2023
[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) Notice, consistent with rule 4901:1-6-07 of the
Administrative Code, is to be provided to all affected customers, including
both retail and wholesale customers, and the chief of the regulatory utility
services division of the rates and analysis 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. (B) Withdrawal of basic local exchange
service (BLES) (1) A competitive local
exchange carrier (CLEC) may discontinue offering BLES within an exchange(s) by
filing a zero-day notice filing (ZTA) to withdraw such service or services from
its tariff. 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 is to
be included with the notice. (2) A CLEC ceasing to
offer BLES will 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 is to 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 may discontinue providing BLES only if it complies with the
provisions of rule 4901:1-6-21 or 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 is to provide a list of its assigned area code prefix(es) or thousand
block(s). Such information will 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 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, by first filing an application
to withdraw such service(s) from its tariff, using the most up-to-date
telecommunications filing form, and obtaining prior commission approval. The
TP-UNC case purpose code is the designated type of application which is not
subject to an automatic approval process. (E) Interconnection and resale agreements
approved under the Telecommunications Act of 1996 (1996 act), 110 Stat. 60, 47
U.S.C. 153 et seq are subject to the terms of the agreements, federal law, and
Chapter 4901:1-7 of the Administrative Code.
Last updated August 31, 2023 at 8:37 AM
|
Rule 4901:1-6-26 | Abandonment.
Effective:
August 31, 2023
(A) A telephone company seeking to
abandon entirely telecommunications service in this state, including its tariff
and certificate of public convenience and necessity, may only abandon the
service(s) it provides under a certificate by filing an abandonment application
(ABN) to abandon service and to cancel its certificate of
operation. (B) Abandonment applications are to be
filed at least thirty days prior to the effective date that the telephone
company will cease providing service. The application is to include the
following: (1) copies of any notices provided pursuant to paragraphs (C) to (D)
of this rule, (2) an affidavit verifying that the customer notice was provided
to affected customers, and (3) 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) 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 is to 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
discontinue services provided to any customer or telephone company after 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 is to 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.
Last updated August 31, 2023 at 8:38 AM
|
Rule 4901:1-6-27 | Provider of last resort (POLR).
Effective:
August 31, 2023
(A) Except as otherwise provided in this
rule, or rule 4901:1-6-21 of the Administrative Code, 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 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 is to 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 provide, notice to the requesting person or
entity in accordance with division (B)(4) of section 4927.11 Revised Code.
(E) In resolving any complaint under
paragraph (D) of this rule, the commission's determination will 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 will be dismissed. Upon a finding that such circumstances do not
exist, the person's or entity's sole remedy will 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 will 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 in accordance with division (D) of section 4927.11
Revised Code. (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) A public hearing in
the service area(s) identified in the application pursuant to paragraph
(G)(1)(a) of this rule will be ordered in accordance with division (C) of
section 4927.11 Revised Code. (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 will 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 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.
Last updated August 31, 2023 at 8:38 AM
|
Rule 4901:1-6-28 | Bankruptcy.
Effective:
August 31, 2023
[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 regulatory utilities services division of the rates and
analysis 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.
Last updated August 31, 2023 at 8:38 AM
|
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.
|
Rule 4901:1-6-30 | Company records and complaint procedures.
Effective:
August 31, 2023
(A) In accordance with this chapter and
the rules and procedures prescribed by the federal communications
commission. (1) A telephone company
shall retain for eighteen months, unless otherwise specified by the commission,
sufficient books, records, contracts, documents and papers for auditing or
inspection by commission staff. (2) Upon commission
staff request, the telephone company should 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 will provide data or
information in a format agreed upon by the commission staff. (B) A telephone company should provide commission staff
with a company contact, including a toll free number and an e-mail address, for
complaint resolution and respond to commission and consumer inquiries and
complaints in a reasonable and timely manner.
Last updated August 31, 2023 at 8:38 AM
|
Rule 4901:1-6-31 | Emergency and outage operations.
Effective:
August 31, 2023
[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) should 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 will 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 should
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 is to
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, will 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 should 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,
will 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 an outage, which includes 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 includes all pertinent information then available on the
outage and should be submitted in good faith. (3) Not later than
thirty days after discovering the outage, the provider will submit
electronically a final communications outage report, which includes 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 will
develop, implement, and maintain an emergency plan and make it available for
review by commission staff. The plan should 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 is to develop policies
and procedures regarding those customers who require priority treatment for
out-of-service clearance. Such procedures should 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 should 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 is to amend
its emergency plan in accordance with the findings identified in the
after-action assessment report required under paragraph (F)(7) of this
rule.
Last updated August 31, 2023 at 8:38 AM
|
Rule 4901:1-6-32 | Boundary changes, and administration of borderline boundaries.
Effective:
August 31, 2023
This rule applies to all incumbent local exchange
carriers (ILECs). (A) Commission-maintained telephone
exchange boundary maps will 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 will file an application seeking to
change the boundary. Whenever the exchange area involves the exchange area of
two or more ILECs, the application will 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 includes: (1) A description of the
change being made to the boundary. The company will work with staff to ensure
that the commission's maps reflect accurately the boundary changes, using
the telephone boundary 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
Last updated August 31, 2023 at 8:39 AM
|
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.
|
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.
|
Rule 4901:1-6-35 | Filing of reports by telephone companies subject to the federal communications commission.
Effective:
August 31, 2023
[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 should 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.
Last updated August 31, 2023 at 8:39 AM
|
Rule 4901:1-6-36 | Telecommunication relay services assessment procedures.
Effective:
August 31, 2023
(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 will 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. (C) Each service provider to which
paragraph (B) of this rule applies will be assessed by the commission by taking
the TRS appropriation and performing a reconciliation to account for 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 should 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 are to 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 will notify each service
provider of its proportionate share of the costs to compensate the TRS
provider. (F) Any telephone company, other than a wireless service
provider, that proposes a customer billing surcharge or a change in the
surcharge should 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 will 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. (G) 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.
Last updated August 31, 2023 at 8:39 AM
|
Rule 4901:1-6-37 | Assessments and annual reports.
Effective:
August 31, 2023
(A) Every telephone company or
competitive eligible telecommunications carrier (CETC) and wireless service
provider are to file the annual report for fiscal assessment, consistent with
section 4905.10 of the Revised Code, and as required by the commission and in
the format prescribed by commission entry. (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 are to 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 will be
assessed an annual fee to be determined by the commission.
Last updated August 31, 2023 at 8:39 AM
|
