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| Rule |
Rule 4901:1-7-01 | Definitions.
[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 4901:1-7-02 of the Administrative Code.] As used within this chapter, these terms denote the
following: (A) "Affiliate" means a person
that (directly or indirectly) owns or controls, is owned or controlled by, or
is under common ownership or control with, another person. For purposes of this
chapter, the term "own" means to own an equity interest (or the
equivalent thereof) of more than ten per cent. (B) "Commission" means the public utilities commission
of Ohio. (C) "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 the enactment of the Telecommunications Act of 1996 (1996 Act), or is
not an entity that, on or after such date of enactment, became a successor or
assign of an incumbent local exchange carrier. (D) "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. (E) "Exchange" means- a geographic service area
established by an incumbent local exchange carrier and approved by the
commission. (F) "Facilities-based CLEC" means, with respect to a
service area, any local exchange carrier that uses facilities it owns,
operates, manages, or controls to provide telephone exchange service or access
to telephone exchange service or facilities for the purpose of originating or
terminating telephone toll service; 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 other local exchange carrier's local exchange
services. (G) "Incumbent local exchange carrier" (ILEC) means any
facilities-based local exchange carrier that: (1) on the date of enactment of
the 1996 act, provided basic local exchange service with respect to an area;
and (2) (a) on such date of enactment, was deemed to be a member of the
exchange carrier association pursuant to 47 C.F.R. 69.601(b); or (b) is a
person or entity that, on or after such date of enactment, became a successor
or assign of a member described in paragraph (G)(2)(a) of this
rule. (H) "InterLATA service" means telecommunications
between a point located in a local access and transport area and a point
outside such area. (I) "Local access and transport area" (LATA) means, as
designated by the "Modification of Final Judgment," United States v.
Western Electric Co., (C.A. No. 82-1092), 552 F. Supp. 131 (1982), an area in
which a local exchange carrier is permitted to provide service. It contains one
or more local exchange areas. (J) "Local exchange carrier" (LEC) means any
facilities-based and nonfacilities-based ILEC and CLEC that provides telephone
exchange service or access to telephone exchange service or facilities for the
purpose of originating or terminating telephone toll service to the public.
Such term does not include an entity insofar as such entity is engaged in the
provision of a commercial mobile radio service (CMRS) under 47 U.S.C. 332(c),
except to the extent that the federal communications commission finds that such
service should be included in the definition of such term. (K) "Local presubscribed interexchange carrier" is a
designation used to identify an intrastate intraLATA presubscribed
interexchange carrier that provides intrastate intraLATA presubscribed
interexchange service to customers. (L) "Network element" means the facility or equipment
used in the provision of a telecommunication service. Such term also includes,
but is not limited to, features, functions, and capabilities that are provided
by means of such facility or equipment, including, but not limited to,
subscriber numbers, databases, signaling systems, and information sufficient
for billing and collection or used in the transmission, routing, or other
provision of a telecommunications service. (M) "Number portability" means the ability of customers
of telecommunications services to retain, at the same location, existing
telecommunications numbers without impairment of quality, reliability, or
convenience when moving from one telephone company to another. (N) "Rural carrier" means a LEC operating entity as
defined in 47 U.S.C. 251(f)(2). (O) "Rural telephone company" means a LEC operating
entity as defined in 47 U.S.C. 153. (P) "Telecommunications" for
purposes of this chapter, means the same as defined in 47 U.S.C.
153. (Q) "Telephone company" for purposes of this chapter,
means the same as defined in division (A) of section 4905.03 of the Revised
Code and includes the definition of "telecommunications carrier"
incorporated in 47 U.S.C. 153. (R) "Telephone toll service"
means telephone service between stations in different exchange areas for which
there is made a separate charge not included in contracts with customers for
exchange service. (S) "Toll service provider"
means a provider of telephone toll service. (T) "Wireless service" means
federally licensed commercial mobile service as defined in the
"Telecommunications Act of 1996," 110 Stat. 61, 151, 153, 47 U.S.C.
332(d) and further defined as CMRS in 47 C.F.R. 20.3. CMRS is specifically
limited to include mobile telephone, mobile cellular telephone, paging,
personal communication services, and specialized mobile radio service providers
when serving as a common carrier in Ohio and excludes fixed wireless
service. (U) "Wireless service provider"
means a facilities-based provider of wireless service to one or more end users
in the state of Ohio.
Last updated January 9, 2024 at 9:26 AM
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Rule 4901:1-7-02 | General applicability.
[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 4901:1-7-02 of the Administrative Code.] (A) The obligations found in rules 4901:1-7-03 to 4901:1-7-26 of
the Administrative Code, apply to all telephone companies pursuant to 47 U.S.C.
251 and 252, where applicable. (B) The commission may, upon a detailed application or motion
containing the requested waiver period, for good cause shown and consistent
with state and federal law, waive any requirement, standard, or rule set forth
in this chapter, other than a requirement mandated by statute unless such
waiver is permitted by the terms of the statute. (C) All waiver requests must be approved by the commission
and will toll any automatic approval time frames set forth in rule 4901:1-6-05
of the Administrative Code. (D) Each citation within this chapter made either to a
section of the United States Code or a regulation in the Code of Federal
Regulations is intended to incorporate by reference the particular version of
the cited matter that was effective on July 1, 2022.
Last updated January 9, 2024 at 9:27 AM
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Rule 4901:1-7-03 | Toll presubscription.
(A) All local exchange carriers (LEC)
will charge intrastate intraLATA toll service providers or customers no more
than five dollars and fifty cents for a manual, local presubscribed
interexchange carrier (LPIC) change or no more than one dollar and twenty-five
cents for an electronic LPIC change, except when a LEC establishes a
company-specific, cost-based, intrastate LPIC rate, as outlined in paragraph
(G) of this rule. Whenever a LEC charges an intrastate intraLATA
toll service provider for changing a customer's LPIC, the customer making
the request for the same LPIC change. An intrastate intraLATA toll service provider who
is charged by the LEC providing presubscription for changing a customer's
LPIC, may pass through to that customer no more than what it has been charged
by such LEC. (B) Only the permitted LPIC change charge
will be applied to any LPIC change. (C) When a customer switches both the
customer's interLATA presubscribed interexchange carrier (PIC) and LPIC at
the same time, the LEC providing presubscription is to waive one-half of the
applicable LPIC change charge without regard to whether the change was
performed through manual or electronic means. This requirement to waive
one-half of the applicable LPIC change charge does not apply when
company-specific, cost-supported charges that account for the efficiencies of
changing the customer's interLATA PIC and LPIC at the same time have been
approved pursuant to paragraph (G) of this rule. (D) When an intrastate intraLATA toll
service provider electronically submits to a LEC a request to change a
customer's LPIC, the LEC is to treat the LPIC change as an electronic LPIC
change for customer billing purposes, regardless of any manual process that may
be required or involved in carrying out the change. (E) Paragraphs (A) to (D) of this rule
also apply when the subscriber explicitly chooses no intrastate intraLATA toll
service provider (NoLPIC). (F) A new customer will be permitted to
make an initial LPIC selection, which may include choosing NoLPIC, free of
charge at the time the customer initiates local service. If the customer is
unable to make a selection at the time of initiation of local service, the
customer is to be informed by the ILEC that unless a selection is made by the
customer at the time local service is initiated, the LEC will, as a default,
place the customer in a NoLPIC status. The LEC will further inform the customer that
until such time as the customer informs the LEC of the customer's LPIC
selection, the customer will not have an intrastate intraLATA toll service
provider and, as a result, will be required to dial a carrier access code to
route an intrastate intraLATA toll call to the carrier of the customer's
choice or make other arrangements. A customer making an LPIC selection after
the time of local service initiation may be assessed an LPIC change charge
subject to paragraphs (A) to (D) of this rule. (G) A LEC demonstrating through a
submitted cost study that the LPIC rates identified in paragraph (A) of this
rule do not recover the costs incurred can file company-specific rates through
the filing of a UNC case. (H) Any LEC that has previously relied
upon cost support to establish its tariffed LPIC change charge when such charge
is below the safe harbor rates set forth in this rule and in effect as of the
effective date of this rule is unable to increase its LPIC change charge
without first providing cost support justifying the increase.
Last updated January 9, 2024 at 9:27 AM
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Rule 4901:1-7-04 | Rural telephone company exemption.
[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 4901:1-7-02 of the Administrative Code.] (A) A rural telephone company is subject
to the provisional rural telephone exemption referenced in 47 U.S.C. 251(f)(1),
until such time as the rural telephone company receives a bona fide request for
interconnection, services, or network elements, and the commission terminates
the rural telephone company exemption pursuant to paragraph (D) of this rule.
Should a nonrural telephone company sell, devise, assign, or otherwise transfer
any portion of its facilities to a rural telephone company and such facilities
are subject to an interconnection agreement(s) at the time of the transfer,
such facilities are to remain subject to all obligations of the existing
interconnection agreement(s). Such facilities will be subject to requirements
referenced in 47 U.S.C. 252(i), unless the commission rules
otherwise. (B) If a rural telephone company receives
a bona fide request for interconnection, services, or network elements pursuant
to 47 U.S.C. 251(c), and it seeks to maintain a rural telephone company
exemption, it can file a UNC application with the commission within fifteen
calendar days after receiving the request. The telephone company requesting
interconnection is to file a response within fifteen calendar days after the
rural telephone company's application for exemption. The burden of proof
regarding the termination of a rural telephone company exemption pursuant to 47
U.S.C. 251(f)(1), rests upon the telephone company requesting
interconnection. (C) The commission will review such
application for exemption and the response to it on an individual case basis
within one hundred twenty calendar days of the commission's notice of the
bona fide request for interconnection. (D) In reviewing the request for a rural
telephone company exemption, the commission will review the application and
responses and terminate the exemption should the commission find that the
interconnection request is not unduly economically burdensome, is technically
feasible, and is consistent with 47 U.S.C. 254. (E) If the commission terminates the
rural telephone company exemption, the timeframes established in rule
4901:1-7-07 of the Administrative Code begin anew with the issuance of the
commission's order. (F) If a rural telephone company does not
maintain an exemption, the negotiation procedures set forth in rule 4901:1-7-07
of the Administrative Code applies. (G) If the commission, pursuant to the
review process established in paragraph (C) of rule 4901:1-7-04 of the
Administrative Code, grants the request for a rural telephone company
exemption, the rural telephone company is still obligated to fulfill all the
duties set forth in 47 U.S.C. 251(a) and (b), including the duty to
interconnect and exchange traffic. The rural telephone company's
obligations pursuant to 47 U.S.C. 251(a) and (b) is subject to the commission
procedures set forth in rules 4901:1-7-06 to 4901:1-7-09 of the Administrative
Code, as applicable, to implement 47 U.S.C. 252.
Last updated January 9, 2024 at 9:27 AM
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Rule 4901:1-7-05 | Rural carrier suspensions and modifications.
[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 4901:1-7-02 of the Administrative Code.] (A) If an incumbent local exchange
carrier (ILEC), serving fewer than two per cent of the nation's subscriber
lines installed in the aggregate, seeks a suspension or modification of any
portion or portions of 47 U.S.C. 251(b) or (c), as a rural carrier, it is to
file a UNC application with the commission within fifteen calendar days of
receiving a bona fide request for interconnection. (B) Such application is to be filed and
processed in accordance with federal law and is to set forth with particularity
the provision or provisions from which the rural carrier seeks suspension or
modification. The burden of proof regarding the suspension or modification
rests upon the rural carrier. A determination is to be rendered within one
hundred eighty calendar days after the filing of such application. (C) Pending such action, the commission
may suspend enforcement of any requirement to which the application applies
with respect to the requesting local exchange carrier. The commission may also
consider such request in the context of the rural carrier's filings
pursuant to rule 4901:1-6-08 of the Administrative Code. (D) The commission is to grant such
petition to the extent that, and for such duration as, the commission
determines that: (1) The proposed
suspension or modification is necessary in order: (a) To avoid a significant adverse economic impact on users of
telecommunications services generally. (b) To avoid imposing a requirement that is unduly economically
burdensome. (c) To avoid imposing a requirement that is technically
infeasible. (2) The proposed
suspension or modification is consistent with the public interest, convenience,
and necessity.
Last updated January 9, 2024 at 9:28 AM
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Rule 4901:1-7-06 | Interconnection.
Effective:
October 27, 2017
[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 4901:1-7-02 of the Administrative Code.] The term interconnection as used in this chapter
refers to the facilities and equipment physically linking two networks for the
mutual exchange of traffic. (A) General interconnection
standards (1) Each telephone
company has the duty to interconnect directly or indirectly with the facilities
and equipment of other telephone companies for the exchange of
telecommunications traffic regardless of the network technology underlying the
interconnection pursuant to 47 U.S.C. 251(a). (2) Each telephone
company shall make available interconnection to other telephone companies for
the mutual exchange of telecommunications traffic upon receipt of a request for
interconnection regardless of the network technology underlying the
interconnection, unless the commission orders a waiver of this
requirement. (3) All telephone
companies shall have the duty to negotiate in good faith the terms and
conditions of the interconnection agreement for the exchange of voice
telecommunications traffic regardless of the network technology underlying the
interconnection. (4) Each incumbent local
exchange carrier (ILEC) shall provide, for the facilities and equipment of any
requesting telephone company, interconnection with the ILEC's network, for
the transmission and routing of telephone exchange traffic, exchange access
traffic, or both. A telephone company requesting interconnection to an
ILEC's network solely for the purpose of originating or terminating its
interexchange traffic, not for the provision of telephone exchange service and
exchange access to others, is not entitled to receive interconnection pursuant
to 47 U.S.C. 251(c)(2). (5) Each ILEC shall
provide interconnection to requesting telephone companies at any technically
feasible point within its network, with quality at least equal to that provided
by that ILEC to itself or to any subsidiary, affiliate, or any other party to
which it provides interconnection pursuant to 47 C.F.R. 51.305. Any telephone
company requesting interconnection to the existing network may do so via
feature group D-type interconnection or via a mutually agreed upon
interconnection arrangement. Interconnecting carriers may use one-way trunks or
two-way trunks to interconnect for traffic transport and termination if it is
technically feasible. Technically feasible methods of obtaining interconnection
or access to unbundled network elements include, but are not limited to: a)
collocation at the premises of the ILEC; and b) meet point interconnection
arrangements, pursuant to rule 4901:1-7-11 of the Administrative Code, 47
C.F.R. 51.321 and 51.323. If a meet point arrangement is requested from the
ILEC for the purpose of gaining access to unbundled network elements and/or for
the purpose of exchanging traffic with the ILEC, each carrier is required to
bear the network cost on its side of the point of interconnection in the meet
point arrangement. (6) Technically feasible
points of interconnection within the ILEC's network shall include at a
minimum: (a) The line side of a local switch. (b) The trunk side of a local switch. (c) The trunk interconnection points for a tandem
switch. (d) Central office cross-connect points. (e) Out-of-band signaling transfer points necessary to exchange
traffic at these points and access call-related databases. (f) The points of access to unbundled network elements as
described in rule 4901:1-7-16 of the Administrative Code and 47 CFR
51.319. (7) Interconnection
rates, terms, and conditions shall be established through negotiation between
telephone companies upon receipt of a request for interconnection or through
arbitration. Such arrangements shall be processed pursuant to rule 4901:1-7-07
of the Administrative Code. (B) Basic requirements for request for
interconnection A request for interconnection shall be in writing
and shall detail the specifics of the request. A request for interconnection
shall include at a minimum, as applicable, the following: (1) The requested meet
point(s) or, in the alternative, the requested point(s) of interconnection
(e.g., the end office, tandem, etc.). (2) The requested
reciprocal compensation arrangement for transport and termination of
telecommunications traffic. (3) A description of any
required unbundled network elements and the requested method of access to the
operation support system associated with these unbundled network
elements. (4) A list of the
requested telecommunications services to be offered for resale by the providing
telephone company, and required operational support systems associated with the
resale of these telecommunications services. (5) If transit
telecommunications traffic functionality is required, the requested method of
providing that functionality at each requested point of
interconnection. (6) A list including
names, phone numbers, e-mail, and areas of responsibility of the requesting
carrier's contact persons for the negotiation process.
Last updated July 13, 2023 at 2:17 PM
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Rule 4901:1-7-07 | Establishment of interconnection agreements.
[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 4901:1-7-02 of the Administrative Code.] (A) Processing requests for
interconnection (1) Any request for an
interconnection arrangement pursuant to 47 U.S.C. 251 and 252 must be submitted
via facsimile, overnight mail, e-mail, or hand-delivery to the appropriate
personnel or division within the providing telephone company's
organization in charge of negotiating interconnection arrangements between
telephone companies. The requesting telephone company must also notify
simultaneously the chief of the regulatory utility services division of the
rates and analysis department of the commission. (2) At any point in time
during the negotiation, any party to the negotiation may ask the commission to
participate in the negotiation and to mediate any differences arising during
the course of the negotiation, pursuant to rule 4901:1-7-08 of the
Administrative Code. (3) An incumbent local
exchange carrier (ILEC) shall make available without unreasonable delay to any
requesting telephone company any agreement in its entirety to which the ILEC is
a party that is approved by the commission pursuant to 47 U.S.C. 252(i), upon
the same rates, terms, and conditions as those provided in the agreement and
pursuant to 47 C.F.R. 51.809. (4) Negotiated
interconnection agreements shall be effective upon filing. The agreement shall
be approved pursuant to the ninety-day process set forth in paragraph (D)(2) of
this rule. (B) Requests for the negotiation of an
amendment to an existing interconnection arrangement (1) A bona fide request
(BFR) for interconnection may be used to request an interconnection
arrangement, service, or unbundled network element that is subsequent to,
unique, or in addition to an existing interconnection agreement and is to be
added as an amendment to the underlying interconnection agreement. (2) All amendments of an
existing, approved interconnection agreement must be filed within ten calendar
days of its execution and filed with the commission as a negotiated agreement
(NAG). (3) Interconnection
agreement amendments shall be effective upon filing. The amendment to the
agreement shall be approved pursuant to the ninety-day process set forth in
paragraph (D)(2) of this rule. (C) Process for the negotiation of
subsequent interconnection agreements (1) Parties shall
negotiate the rates, terms, and conditions of subsequent interconnection
arrangements in accordance with the terms of their existing interconnection
agreement. Both parties to the existing interconnection agreement shall notify
the chief of the regulatory utility services division of the rates and analysis
department of the commission when negotiations of a subsequent interconnection
agreement have commenced. (2) A party to an
existing interconnection agreement may seek arbitration of a subsequent
interconnection agreement pursuant to the arbitration rules set forth in rule
4901:1-7-09 of the Administrative Code. (3) Subsequent
interconnection agreements, whether adopted through negotiation or arbitration,
shall be docketed as a new case within ten calendar days of
signing. (4) The subsequent
interconnection agreement shall be effective upon filing. The subsequent
interconnection agreement shall be approved pursuant to the ninety-day process
set forth in paragraph (D)(2) of this rule. (D) Interconnection agreement approval
process (1) Title 47 U.S.C.
252(e)(2)(A), limits the legal test to be applied to the approval of negotiated
interconnection agreements to whether (a) the agreement (or portion thereof) is
discriminatory against another telephone company, and (b) whether the
implementation of such agreement is in the public interest. (2) In light of the
limited legal test set forth in 47 U.S.C. 252(e)(2)(A), all negotiated
interconnection agreements, all executed adoptions of existing interconnection
agreements under 47 U.S.C. 252(i), all negotiated subsequent interconnection
agreements, and all amendments to such agreements shall be approved pursuant to
the ninety-day process set forth in 47 U.S.C. 252(e)(4). All arbitrated
agreements shall be approved pursuant to the thirty-day process set forth in 47
U.S.C. 252(e)(4). (E) BFR fee A providing telephone company is entitled to
recover costs associated with the evaluation of a unique request for
interconnection, examination of facilities for special arrangements, and
technical and economic feasibility assessments. If the BFR fee exceeds five
hundred dollars, the providing telephone company must allow, upon request by
the requesting telephone company, payment of that fee over no more than twelve
months whether or not the requesting telephone company proceeds with the
request. The commission, through the arbitration process, will resolve disputes
concerning the amount of the BFR fee. The BFR fee shall be subject to
commission review and approval.
Last updated January 9, 2024 at 9:29 AM
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Rule 4901:1-7-08 | Negotiation and mediation of 47 U.S.C. 252 interconnection agreements.
[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 4901:1-7-02 of the Administrative Code.] Interconnection agreements pursuant to 47 U.S.C.
252, shall be negotiated, mediated, and arbitrated under the following
mediation rules in this chapter and arbitration rules outlined in rule
4901:1-7-09 of the Administrative Code: (A) Duty to negotiate All telephone companies have the duty to
negotiate in good faith the terms and conditions of their agreements. The
commission will presume that a party who refuses to provide information about
its costs or other relevant information upon request of the other party has not
negotiated in good faith provided that, where appropriate, the other party
agrees to execute a reasonable confidentiality agreement. This presumption of
failure to negotiate in good faith is rebuttable. The commission will resolve
disputes concerning the furnishing of information when raised by a party to the
negotiation and may impose sanctions where appropriate. (B) Mediation (1) Mediation is a
voluntary alternative dispute resolution process in which a neutral third party
assists the parties in reaching their own settlement. At any point during the
negotiation, any party or both parties to the negotiation may ask the
commission to mediate any differences arising during the course of the
negotiation. (2) To request mediation,
a party to the negotiation shall notify in writing the chief of the
telecommunications section of the commission's legal department and the
chief of the regulatory utility services division of the rates and analysis
department of the commission. A copy of the mediation request should be
simultaneously served on the other party in the dispute. The request shall
include the following information: (a) The name, address, telephone number, e-mail, and fax number
of the party to the negotiation making the request. (b) The name, address, telephone number, e-mail, and fax number
of the other party to the negotiation. (c) The name, address, telephone number, e-mail, and fax number
of the parties' representatives participating in the negotiations and to
whom inquiries should be made. (d) The negotiation history, including meeting times and
locations. (e) A statement concerning the differences existing between the
parties, including relevant documentation and arguments concerning matters to
be mediated. (f) The other party to the negotiation shall provide a written
response within seven calendar days of the request for mediation to the chief
of the telecommunications section of the commission's legal department and
to the chief of the regulatory utility services division of the rates and
analysis department. The response to a request for mediation shall be
simultaneously served upon the telephone company requesting the
mediation. (3) The commission will
appoint a mediator to conduct the mediation. The mediator will promptly contact
the parties to the negotiation and establish a time to commence mediation. The
mediator will work with the parties to establish an appropriate schedule and
procedure for the mediation. (4) The mediator's
function is to be impartial and to encourage voluntary settlement by the
parties. The mediator may not compel a settlement. The mediator may schedule
meetings of the parties, direct the parties to prepare for those meetings, hold
private caucuses with each party, request that the parties share information,
attempt to achieve a mediated resolution, and, if successful, assist the
parties in preparing a written agreement. (5) Participants in the
mediation must have the authority to enter into a settlement of the matters at
issue. (6) Confidentiality (a) Discussions during the mediation process shall be private and
confidential between the parties. By electing mediation under this rule, the
parties agree that no communication made in the course of and relating to the
subject matter of the mediation shall be disclosed, except as permitted in this
chapter. (b) No party shall use any information obtained through the
mediation process for any purpose other than the mediation process itself. This
restriction includes, but is not limited to, using any information obtained
through the mediation process to gain a competitive advantage. (c) As provided in the Ohio Rules of Evidence 408, offers to
compromise disputed claims and responses to them are inadmissible to prove the
validity of that claim in a subsequent proceeding. Evidence of conduct or
statements made in compromise negotiations are also not admissible in a future
proceeding. This rule does not require the exclusion of evidence otherwise
discoverable merely because it is presented in the course of compromise
negotiations. (7) Parties to the
mediation shall reduce to writing the mediated resolution of all or any portion
of the mediated issues and submit the resolution to the mediator. (8) A member of the
commission staff or an attorney examiner who serves as a mediator shall, by
virtue of having served in such capacity, be precluded from serving in a
decision-making role or as a witness on matters subject to mediation in a
formal commission case involving the same parties and the same
issues.
Last updated January 9, 2024 at 9:29 AM
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Rule 4901:1-7-09 | Arbitration of 47 U.S.C. 252 interconnection agreements.
Effective:
October 27, 2017
[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 4901:1-7-02 of the Administrative Code.] (A) Arbitration is an alternative dispute
resolution process whereby parties present evidence and legal arguments to a
neutral third party, called an arbitrator or an arbitration panel, who renders
a recommended decision to the commission. Any party to the negotiation of an
interconnection agreement may, during the period from the one hundred
thirty-fifth to the one hundred sixtieth day (inclusive) after the date on
which a local exchange carrier receives a request for negotiation, petition the
commission to arbitrate any open issues. (B) The commission will only arbitrate
issues that have been unresolved between the parties and filed with the
commission in the petition for arbitration or the response to the
petition. (C) To petition the commission for
arbitration, a party to the negotiation shall file two copies of the request
with the commission's docketing division. Docketing will assign a docket
number using the industry code TP and the purpose code ARB. (D) The petition must include the
following information: (1) The name, address,
telephone number, e-mail, and fax number of the party to the negotiation making
the request. (2) The name, address,
telephone number, e-mail, and fax number of the other party to the
negotiation. (3) The name, address,
telephone number, e-mail, and fax number of the parties' representatives
participating in the negotiation and to whom inquiries should be
made. (4) The negotiation
history, including meeting times and locations. (5) A list of the
petitioning party's unresolved issues and a clear explanation of that
party's position on the listed issues. (6) All relevant
nonproprietary documentation on any other issue discussed and resolved by the
parties. (7) A statement
identifying information needed to decide unresolved issues or information that
has been requested during negotiations but not yet provided. (E) Notice of petition for
arbitration A petitioner requesting the commission to
arbitrate unresolved issues shall provide a copy of the petition and
accompanying documentation to the other party not later than the day on which
the petition is filed with the commission. (F) Opportunity to respond to
petition A nonpetitioning party to a petition for
arbitration shall file a response to the petition within twenty-five calendar
days after the petition to arbitrate is filed. The response should identify the
nonpetitioning party's position on the petitioning party's unresolved
issues. In addition, the nonpetitioning party may identify additional
unresolved issues with a clear explanation of its position on the additional
issues it identifies. (G) Commission
responsibility (1) Upon receipt of a
timely and complete petition for arbitration, the commission shall appoint an
arbitration panel. It is the function of the arbitration panel to recommend a
resolution of the issues in dispute if the parties cannot reach a voluntary
agreement. (2) Within ten calendar
days of the filing of a request for arbitration, the arbitration panel will
schedule a conference to be held within thirty calendar days after the filing
of the arbitration petition. The purpose of the conference is to plan an
arbitration hearing date, identify witnesses to be presented at the hearing,
discuss possible admissions or stipulations of uncontested matters, clarify the
issues to be resolved, identify additional information needed to reach a
decision on the unresolved issues, schedule the production of relevant
documents and other information, identify issues which have been resolved,
discuss or rule on any other appropriate procedural matters, and consider any
other procedures that will expedite the arbitration process. The arbitration
panel is authorized to order any party to provide information that it deems
necessary to reach a decision on the unresolved issues and to establish the
time period for providing the information. (3) Unless otherwise
determined by the arbitration panel, seven calendar days prior to the
arbitration hearing, each party shall file an arbitration package that will
assist the arbitrators in the conduct of the hearing. Unless previously
submitted in writing to the panel, the arbitration package shall contain: the
list of issues to be arbitrated as identified by the petition for arbitration
or the response to the petition, the party's position as to each issue,
identification of issues which have been resolved by the parties and a
description of the resolution, the party's prefiled testimony, the
exhibits which the party intends to introduce at the hearing, and a list of
factual stipulations upon which the parties have agreed. Given the expedited
nature of the arbitration process, factual stipulations are
encouraged. (4) Unless otherwise
determined by the arbitration panel and the parties, the panel will conduct a
hearing with prefiled testimony, transcription of the hearing, and
cross-examination of witnesses. Unless determined otherwise by the arbitration
panel after consultation with the parties, the length of the hearing, including
oral argument, will be limited to four calendar days. Generally, the
arbitration panel will conduct the hearing process according to the following
procedures: (a) The panel will provide the parties at least fifteen calendar
days' written notice of the hearing. (b) Unless consolidation of issues is permitted, only parties to
the negotiation will be permitted to participate as parties to the arbitration
hearing. (c) The arbitration panel will permit discovery. Basic cost
information to support prices for interconnection, services, or network
elements should be exchanged expeditiously. The panel will establish a schedule
for additional discovery by entry or at the prehearing conference. (d) Whenever possible, the parties should enter into factual
stipulations given the expedited hearing schedule. (e) The chair of the arbitration panel will preside over the
hearing. (f) A written transcript of the hearing will be
prepared. (g) Witnesses shall be subject to cross-examination on their
testimony. However, the arbitration panel shall have the authority to limit or
prohibit cross-examination on policy or legal issues. (h) Instead of requiring post-hearing briefs, the panel may hear
oral arguments of the parties at the conclusion of the hearing. (i) The arbitration panel will limit its consideration of any
petition for arbitration and any response to the unresolved issues raised in
the petition and response. (j) The parties to the arbitration may be required to provide
additional information as may be necessary for the arbitration panel to reach a
decision on the unresolved issues. Information provided to the arbitration
panel shall also be provided at the same time to the other parties to the
arbitration. If any party refuses or fails to respond on a timely basis to any
reasonable request from the arbitration panel, the arbitration panel may
proceed on the basis of the best information available on the
record. (k) The commission shall resolve each issue set forth in the
petition and the response by imposing conditions that ensure that the
resolution and conditions meet the requirements of 47 U.S.C. 251, establish
rates for interconnection, services, or network elements in accordance with 47
U.S.C. 252(d), and provide a schedule for implementation of the terms and
conditions by the parties to the agreement. (l) A commission arbitration award shall be issued not later than
nine months after the date on which the local exchange carrier received the
request for interconnection pursuant to 47 U.S.C. 252(b)(4)(C). (5) Within thirty
calendar days after the issuance of the arbitration award, the parties shall
file their entire interconnection agreement, consistent with the
commission's arbitration award, for commission review. A complete
interconnection agreement shall include a detailed schedule of itemized charges
for interconnection and each service or network element included in the
agreement, including all separate agreements covering such services or network
elements. (6) If the parties are
unable to agree on an entire interconnection agreement, within thirty calendar
days after the arbitration award is issued, each party shall file for
commission review its version of the language that should be used in a
commission-approved interconnection agreement. Unless otherwise authorized by
the commission, no comments addressing disputed language filed under this
provision will be entertained. The commission will select the competing
language that most closely reflects the commission's award. (7) Parties to the
arbitration may seek extension of any of the deadlines outlined in this rule by
the mutual agreement of the parties and the arbitration panel. (H) Commission review Unless otherwise determined by the commission,
the agreement shall be deemed approved on the thirty-first calendar day. (I) Nothing in these rules precludes the
filing of a voluntarily negotiated interconnection agreement at any
time. (J) If the commission rejects a voluntary
agreement resulting from negotiation or mediation, or an agreement arrived at
by the arbitration process, the parties may file within thirty calendar days an
application for rehearing for the commission's consideration.
Alternatively, the parties may resubmit the agreement for commission approval
within thirty calendar days following rejection if the parties have remedied
the deficiencies found by the commission in its order. (K) Confidentiality The commission will treat information determined
by the commission to be proprietary and confidential which is received during
the mediation, negotiation, and/or arbitration process as confidential. The
parties to the mediation, negotiation, and/or arbitration process are expected
to negotiate appropriate protective orders for the exchange of information
deemed to be proprietary. The commission's procedures concerning
proprietary information contained in rule 4901-1-24 of the Administrative Code,
shall govern the treatment of confidential and proprietary information. (L) Waiver (1) Notwithstanding any
provision in these rules, the mediator, arbitration panel, or the commission
may permit variance from these rules. (2) The commission
retains continuing jurisdiction and will maintain regulatory oversight over all
approved interconnection agreements. (M) Notice of approved interconnection
agreements All approved interconnection agreements may be
obtained from the commission's docketing division or electronically by
subscribing to a personal daily distribution list at the commission
website.
Last updated July 13, 2023 at 2:17 PM
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Rule 4901:1-7-10 | Mediation for carrier-to-carrier disputes.
Effective:
November 30, 2007
(A) The mediation procedure in this rule is available for pending formal complaints between telephone companies. Any telephone company involved in a pending formal carrier-to-carrier complaint may ask the commission to mediate that matter. This rule is not intended to supersede any existing alternative dispute resolution provisions in approved interconnection agreements. These provisions are not intended to alter or diminish the commission's (or its staff's) authority to conduct investigations and to take remedial action when deemed necessary. This rule is not intended to alter or diminish the commission's (or its staff's) dispute resolution procedures for informal disputes. (B) Mediation shall have the same meaning as that set forth in paragraph (B)(1) of rule 4901:1-7-08 of the Administrative Code. (C) The mediation process shall be the same as that set forth in paragraphs (B)(2) to (B)(8) of rule 4901:1-7-08 of the Administrative Code.
Last updated July 13, 2023 at 2:17 PM
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Rule 4901:1-7-11 | Collocation.
Effective:
October 27, 2017
[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 4901:1-7-02 of the Administrative Code.] (A) If collocation is the requested
method of interconnection, the incumbent local exchange carrier (ILEC) shall
provide physical collocation of equipment necessary for interconnection or
access to unbundled network elements at its premises. If upon demonstration by
an ILEC and a determination by the commission that physical collocation is not
practical for technical reasons, or because of space limitations, then the ILEC
shall provide virtual collocation of equipment necessary for interconnection or
access to unbundled network elements at its premises, to the extent it is
technically feasible. Such demonstration shall include, but not be limited to,
the provision of detailed floor plans or diagrams of such premises to the
commission. The commission determination shall be performed on a case-by-case
basis. (B) ILECs shall provide virtual
collocation of equipment necessary for interconnection or access to unbundled
network elements at its premises if requested by the interconnecting telephone
company, even if the ILEC has floor space available for physical collocation,
to the extent it is technically feasible. (C) Collocation shall be provided
pursuant to rates, terms, and conditions that are just, reasonable, and
nondiscriminatory pursuant to 47 C.F.R. 51.321 and 51.323, and consistent with
the commission's policies and decisions. (D) In the event collocation
fact-specific issues have not been addressed by the federal communications
commission rules, the commission will determine such collocation issues on a
case-by-case basis due to the fact that collocation is a very case- and
fact-specific issue.
Last updated July 13, 2023 at 2:17 PM
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Rule 4901:1-7-12 | Compensation for the transport and termination of non-access telecommunications traffic.
[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 4901:1-7-02 of the Administrative Code.] (A) Compensation principles (1) Reciprocal
compensation (a) All telephone companies have the duty to establish reciprocal
compensation arrangements for the transport and termination of
telecommunications traffic pursuant to 47 U.S.C. 251(b)(5), regardless of the
network technology utilized by the telephone company to transport or terminate
that traffic. (b) Transport is the transmission, and any necessary tandem
switching of telecommunications traffic subject to 47 U.S.C. 251(b)(5), from
the interconnection point between the two telephone companies to the
terminating telephone company's end office switch that directly serves the
called party, or equivalent facility provided by a telephone company other than
an incumbent local exchange telephone company (ILEC). (c) Termination is the switching of the non-access
telecommunications traffic at the terminating telephone company's end
office switch, or equivalent facility, and delivery of such traffic to the
called party's premises. (2) Eligibility Telephone companies are entitled to
compensation for the use of network facilities they own or obtain by leasing
from an ILEC (i.e., through purchasing unbundled network elements) to provide
transport and terminate non-access telecommunications traffic originated on the
network facilities of other telephone companies pursuant to 47 C.F.R. 51.703.
Nonfacilities-based, local exchange carriers (LECs) are not eligible for the
transport and termination of non-access telecommunications traffic
compensation. (B) Traffic measurement and
identification (1) All telephone
companies exchanging non-access reciprocal compensation traffic and switched
access reciprocal compensation traffic will measure minutes-of-use for
compensation purposes if technically and economically feasible, unless they
mutually agree to a different arrangement in an interconnection
agreement. (2) All telephone
companies exchanging telecommunications traffic, where technically and
economically feasible, as the provider of originating or transiting intrastate
telecommunications traffic that is transported and/or terminated on the network
of another telephone company, shall comply with the signaling information
delivery requirements outlined in 47 C.F.R. 64.1601(a). This obligation is
applicable to all telephone companies exchanging telecommunications traffic
regardless of the network technology utilized by the telephone company to
transport or terminate that traffic. (C) The following types of traffic are
subject to non-access reciprocal compensation: (1) Telecommunications
traffic exchanged between LECs that originates and terminates within the
boundary of an ILEC's local calling area. The local calling area of the
ILEC shall include non-optional extended area service (EAS) approved by the
commission while excluding optional EAS arrangements. (2) Telecommunications
traffic exchanged between a LEC and a wireless service provider that, at the
beginning of the call, originates and terminates within the same major trading
area as defined in 47 C.F.R. 24.202(a), is subject to non-access reciprocal
compensation. (3) Telecommunications
traffic exchanged between a LEC and another telephone company in time division
multiplexing (TDM) format that originates and/or terminates in internet
protocol (IP) format and that otherwise meets the definitions in paragraph
(C)(1) or (C)(2) of this rule. Telecommunications traffic originates and/or
terminates in IP format if it originates from and/or terminates to an end-user
customer of a service that requires internet protocol compatible customer
premises equipment. (D) Non-access reciprocal compensation
arrangements (1) Rates, terms, and
conditions for the transport and termination of non-access reciprocal
compensation traffic are subject to a bill and keep arrangement pursuant to 47
C.F.R. 51.705 and 51.713. (2) Symmetrical
non-access reciprocal compensation is to be addressed consistent with 47 C.F.R.
51.711. (3) Rate structure (a) Rates for transport and termination of symmetrical non-access
reciprocal compensation traffic are to be structured consistent with the manner
that telephone companies incur those costs pursuant to paragraph (B) of rule
4901:1-7-17 of the Administrative Code. (b) LECs shall offer flat-rate compensation to other telephone
companies for dedicated facilities purchased for the transport of non-access
reciprocal compensation traffic. (c) The rate of a telephone company providing transmission
facilities dedicated to the transmission of non-access reciprocal compensation
traffic between two telephone companies' networks may recover only the
costs of the portion of that trunk capacity used by an interconnecting
telephone company to send traffic that will terminate on the providing
telephone company's network. Such proportion may be measured during peak
periods. (d) Non-access reciprocal compensation for telecommunication
traffic exchanged between rate-of-return regulated rural telephone company as
defined in 47 C.F.R. 51.5, and wireless service provider are to be set pursuant
to 47 C.F.R. 51.709(c). (E) This section should not be construed
to preclude telephone companies from negotiating and voluntarily agreeing to
other interconnection and compensation arrangements.
Last updated January 9, 2024 at 9:29 AM
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Rule 4901:1-7-13 | Transit traffic compensation.
[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 4901:1-7-02 of the Administrative Code.] (A) Transit traffic is traffic that
originates on one telephone company(s) network, terminates on a second
telephone company's network, and is transmitted using an intermediate
third telephone company(s) network facilities. (B) The intermediate telephone company(s)
carrying traffic originating and terminating on other telephone company's
networks are to be compensated for the use of its (their) network
facilities. (C) An intermediate telephone company is
not permitted to refuse to carry transit traffic if: (1) It is appropriately
compensated for the use of its network facilities necessary to carry the
transit traffic. (2) The originating and
terminating telephone companies have a compensation agreement in place with the
intermediate telephone company that sets the rates, terms, and conditions for
the compensation of such transit traffic. (D) The intermediate telephone company(s)
should be compensated at the intermediate telephone company(s) total element
long run incremental cost (TELRIC) based transit traffic compensation rates.
Until such time as the commission approves telephone company-specific
TELRIC-based transit traffic compensation rates, an intermediate telephone
company(s) should be compensated, on an interim basis, at its (their) tariffed
switched access reciprocal compensation rates subject to a true up of these
rates. (E) This section should not be construed
to preclude telephone companies from negotiating other transit traffic
interconnection and compensation arrangements. (F) The originating and terminating
telephone companies in a transit traffic arrangement are both obligated to
establish a transport and termination agreement between them pursuant to 47
U.S.C. 251(b)(5) and 251(a)(1).
Last updated January 9, 2024 at 9:30 AM
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Rule 4901:1-7-14 | Compensation for intrastate switched access reciprocal compensation traffic and carrier-to-carrier tariff.
[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 4901:1-7-02 of the Administrative Code.] (A) For purposes of this
rule: (1) "Nonrural
incumbent local exchange carrier" (nonrural ILEC)" means an incumbent
local exchange carrier that is not a "rural telephone company" under
47 U.S.C. 153(37). (2) "Rural
competitive local exchange carrier" (rural CLEC) means a CLEC that does
not serve (i.e., terminate traffic to or originate traffic from) any customers
located within either: (a) An incorporated place of fifty thousand inhabitants or more
based on the most recently available population statistics of the census
bureau. (b) An urbanized area, as defined by the census
bureau. (3) "Switched access
reciprocal compensation" means access reciprocal compensation as defined
in 47 C.F.R. 51.903(h). (B) The prevailing ILEC and CLEC
intrastate switched access reciprocal compensation rates established pursuant
to case nos. 83-464-TP-COI and 00-127-TP-COI, are capped for compensation for
origination of switched access telecommunications traffic terminated by other
telephone companies at the December 29, 2011, level until the commission rules
otherwise. The exception to this capping requirement of originating intrastate
switched access reciprocal compensation shall be to those ILECs regulated on a
rate-of-return basis by the federal communications commission. Any change in
the ILEC or CLEC intrastate switched access reciprocal compensation tariffs are
to be filed as an ATA case and are subject to the thirty-day approval procedure
set forth in rule 4901:1-6-05 of the Administrative Code. (C) ILEC and CLEC terminating intrastate
switched access reciprocal compensation rates are subject to a bill-and-keep
compensation arrangement, except that a rate-of-return regulated ILEC and any
LEC that does own the terminating tandem may assess terminating tandem switched
transport charges consistent with 47 C.F.R. 51.903-913. (D) When filing for certification under
rule 4901:1-6-08 of the Administrative Code, a facilities-based CLEC shall
tariff the rates, terms, and conditions for switched access reciprocal
compensation for the termination and origination of intrastate switched access
traffic originated and/or terminated by other telephone companies. (E) A facilities-based CLEC filing for
certification, an ILEC's affiliate filing for a CLEC certification, or an
ILEC proposing to operate outside its ILEC service area, are to establish their
initial switched access reciprocal compensation rates, at a level that does not
exceed the current rates of the ILEC providing service in the CLEC's
service area, for the termination and origination of intrastate switched access
reciprocal compensation traffic, unless the CLEC is a rural CLEC competing with
a nonrural ILEC and its rates are capped at national exchange carrier
association switched access reciprocal compensation rates. Once initial
switched access reciprocal compensation rates are established, the rates are
subject to requirements set forth in paragraphs (B) and (C) of this
rule. (F) A facilities-based CLEC, an
ILEC's affiliate CLEC, or an ILEC operating outside its ILEC service
area's intrastate switched access reciprocal compensation tariff not filed
as part of its certification process pursuant to rule 4901:1-6-08 of the
Administrative Code, is to be filed as an ATA case and be subject to the
thirty-day approval procedure set forth in rule 4901:1-6-05 of the
Administrative Code and requirements set forth in paragraph (E) of this
rule.
Last updated January 9, 2024 at 9:30 AM
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Rule 4901:1-7-15 | Meet point billing (MPB).
(A) MPB arrangements are to be used in
billing for compensation for jointly provisioned switched access service to
another carrier by more than one local exchange carrier (LEC), similar to MPB
arrangements currently used by the incumbent local exchange
carriers. (B) LECs may use MPB arrangements for
compensation of other types of traffic exchanged between them. (C) Under MPB compensation arrangements,
the meet point can be any technically feasible point of interconnection
pursuant to paragraph (A)(6) of rule 4901:1-7-06 of the Administrative
Code.
Last updated January 9, 2024 at 9:31 AM
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Rule 4901:1-7-16 | Unbundled network elements (UNE).
[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 4901:1-7-02 of the Administrative Code.] General unbundling requirements (A) Each incumbent local exchange carrier
(ILEC) shall have the duty to provide, to any requesting telephone company for
the provision of telecommunications service, nondiscriminatory access to
network elements, pursuant to 47 U.S.C. 251(c), and 251(d)(2), on an unbundled
basis at any technically feasible point consistent with 47 C.F.R. 51.307-321
under rates, terms, and conditions pursuant to 47 U.S.C. 251(c)(3) and
252. (B) Unbundled network element rates, terms, and conditions
may be established through negotiation between telephone companies upon receipt
of a request for interconnection pursuant to rule 4901:1-7-06 of the
Administrative Code, or through arbitration pursuant to rule 4901:1-7-09 of the
Administrative Code.
Last updated January 9, 2024 at 9:31 AM
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Rule 4901:1-7-17 | Carrier-to-carrier pricing.
[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 4901:1-7-02 of the Administrative Code.] (A) General principles (1) These standards apply
to pricing of interconnection, unbundled network elements, methods of obtaining
interconnection and access to unbundled network elements (including
collocation), and reciprocal compensation pursuant to 47 U.S.C. 251(c) and
251(d)(2). All of these provisions are referred to as "elements" for
the purpose of this rule. (2) An incumbent local
exchange carrier's (ILEC's) rates for each element it offers are to
comply with the general pricing standards pursuant to 47 C.F.R. 51.503 and 47
C.F.R. 51.505 and the rate structure standards as described in paragraph (B) of
this rule. (3) The commission, at
its discretion in an arbitration proceeding, shall set the ILEC's rates
for each element it offers by either: (a) Utilizing interim rates, subject to a true up pursuant
to paragraph (A)(4) of this rule, that are based on the best information
available to the commission about the ILEC's forward-looking economic
costs. (b) Pursuant to the forward-looking economic cost-based
pricing methodology described in rule 4901:1-7-19 of the Administrative
Code. (4) The interim rate(s)
for an element(s) will no longer be in effect once the commission determines
rates based on forward-looking economic costs pursuant to rule 4901:1-7-19 of
the Administrative Code, submitted by the ILEC and approved by the commission.
If the interim rate for an element is different from the rate established by
the commission pursuant to rule 4901:1-7-19 of the Administrative Code, the
involved telephone companies are to make adjustments to the past rate charged
for that element which allow each telephone company to be charged at a rate
level it would have been charged had the interim element rate equaled the rate
later established by the commission pursuant to rule 4901:1-7-19 of the
Administrative Code. The involved telephone companies may consider the
financial impact of the true up and negotiate the period of time over which the
true up takes place. (5) The rate that an ILEC
assesses for elements shall not vary on the basis of the class of customer
served by the requesting telephone company, or on the type of services that the
requesting telephone company purchasing such elements uses them to
provide. (B) Rate structure (1) The rate structure
standards contained in 47 C.F.R. 51.507 and 51.509 shall apply to rates set by
the commission in arbitration proceedings pursuant to rule 4901:1-7-09 of the
Administrative Code. Local exchange carriers (LECs) are not precluded from
negotiating alternative rates or rate structures. (2) General rate
structure standards An incumbent local exchange carrier's
rates for each element it offers are to comply with the general pricing
standards pursuant to 47 C.F.R. 51.503 and 51.505 and the rate structure
standards as described in paragraph (B) of this rule.
Last updated January 9, 2024 at 9:32 AM
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Rule 4901:1-7-18 | Interim rates for forward-looking economic prices.
(A) Interim rates may be used by the
commission in setting prices while arbitrating disputed issues pursuant to rule
4901:1-7-9 of the Administrative Code. (B) The commission will set interim rates
when it determines that it does not have sufficient time to review cost
information provided by an incumbent local exchange carrier or when it appears
that there may be significant concerns with the cost studies from the
commission's cursory review.
Last updated January 9, 2024 at 9:32 AM
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Rule 4901:1-7-19 | Forward-looking economic costs.
(A) The forward-looking, economic,
cost-based price of an element shall be set at a level that allows the
providing carrier to recover the sum of the total element long-run incremental
cost (TELRIC) of the element and a reasonable allocation of the
forward-looking, joint and common costs. (B) TELRIC (1) Principal The TELRIC of an element is the forward-looking
economic cost over the long-run of the total quantity of the facilities and
functions that are directly attributable to, or reasonably identifiable as
incremental to, such element, calculated while holding all other products'
volumes constant. (2) Study
period The commission will consider a cost study
period of five years to be reasonable. An incumbent local exchange carrier
(ILEC) will have the burden of proof, to the commission's satisfaction,
that such study period would not be reasonable for a specific element. (3) Federal, state, and local income
taxes Federal, state, and local income tax expenses will be determined
based on the TELRIC recognizing the "tax-on-tax" situation that
results from the deductibility of state and local tax when federal taxes are
paid. (4) Inflation TELRIC studies shall reflect costs that are
expected to be incurred during the study period. Such costs are to be projected
to their anticipated level over the study period by using prices in supplier
contracts or an appropriate index of future cost, such as supplier estimates of
price changes, indices developed from labor contracts, or other relevant
indices. (5) Investment development (a) Material investment (i) The development of
the material component of investment shall begin with the current vendor
price(s) for the hardware and software resources required to provide the
element, projected over the study period as described above. (ii) Other components of
material investment may include inventory, supply expenses, and sales
taxes. (iii) The sales tax
component of investment is to be calculated by applying a sales tax factor if
applicable. The factor shall reflect taxes imposed by state and local taxing
bodies on material purchases and be applied to the material and inventory
components. (iv) The supply component
may include the expense incurred by the ILEC for storage, inventory, and
delivery of material. (b) Labor investment There are two major components of labor
investment, vendor-related and ILEC-related. (i) Vendor-related labor
investment includes vendor-provided installation and engineering. (ii) ILEC-related labor
investment may be developed based on account averages or from estimates of
product-specific plant engineering and installation hours. (iii) Total labor costs
are to be computed by multiplying the account average or product specific work
times by the appropriate labor rate. (iv) Hourly labor rates
include the operational wages, benefits, paid absence, and, if applicable,
tools and miscellaneous expenses. (6) Fill factors The investment developed above shall be
adjusted to reflect reasonably accurate "fill factors." Fill factors
are the proportion of a facility that will be filled with network usage during
the study period. The ILEC has the burden to justify the reasonableness of the
fill factors used in its TELRIC studies. (7) Maintenance Maintenance costs are incurred in order to keep
equipment resources in usable condition. (a) Included in this classification are: direct supervision;
engineering associated with maintenance work; labor and material costs incurred
in the upkeep of plant; rearrangements and changes of plant; training of
maintenance forces; testing of equipment and facilities; tool expenses; and
miscellaneous expenses. (b) The specific maintenance cost estimates associated with the
element in question or investment-related annual maintenance factors may be
applied to arrive at an annual maintenance cost. (c) The factor is to be specific to the investment and expense
accounts associated with the element and developed from the most current data
reasonably available to the ILEC. (8) The forward-looking, economic, cost
per unit of an element equals the forward-looking, economic cost of the
element, divided by a reasonable projection of the sum of the total number of
units of that element that the ILEC is likely to provide to requesting
telephone companies and the total number of units of that element that the ILEC
itself is likely to use in offering its own services, during the study
period. (9) In the determination of the total
number of units: (a) If the ILEC offers an element on a flat-rate basis, the
number of units are defined by the ILEC as the discrete number of elements that
the ILEC uses or provides (e.g., number of loops or number of
ports). (b) If the ILEC offers an element on a usage-sensitive basis, the
number of units are defined by the ILEC as the unit of measurement of the usage
(e.g., number of minutes-of-use or database queries). (10) The TELRIC of an element is to
reflect any cost-based volume discount, term discount, and/or
geographic-deaveraging the ILEC plans to offer. (C) Forward-looking, joint and common
costs (1) Forward-looking
common costs are economic costs incurred by the ILEC in providing all elements
and services provided by the ILEC that cannot be attributed directly to an
individual element or service. (2) Forward-looking joint
costs are those forward-looking costs that are common to only a subset of the
elements or services provided by the ILEC. (3) Reasonable allocation
of forward-looking, joint and common costs: (a) Forward-looking joint costs which are common to only a subset
of the elements or services provided by the ILEC, are to be allocated to that
subset, and should then be allocated among the individual elements or services
in that subset, based upon measures of utilization, including such measures as:
number of circuits, minutes-of-use, and bandwidth. The commission may evaluate
the reasonableness of the joint cost allocation methodology on a case-by-case
basis. (b) Forward-looking common costs are to be allocated among
elements and services in a reasonable manner. The ILEC may allocate
forward-looking common costs using a fixed allocator as a markup over the sum
of the TELRIC and the allocated forward-looking joint cost allocated to such
element. The ILEC has the burden of proving that the fixed allocator permits
only reasonable recovery of any forward-looking common costs.
Last updated January 9, 2024 at 9:33 AM
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Rule 4901:1-7-20 | Cost study requirements.
(A) When a local exchange carrier (LEC)
submits a cost study to the commission staff, it must simultaneously submit a
complete set of supporting work papers and source documents. (B) The work papers are to clearly and
logically present all data used in developing the estimate and provide a
narrative explanation of all formulas or algorithms applied to these data.
These work papers must allow others to replicate the methodology and calculate
equivalent or alternative results using equivalent or alternative
assumptions. (C) The work papers are to clearly set
forth all significant assumptions and identify all source documents used in
preparing the cost estimate, including the technology being used in providing
the element. (D) The work papers are to be organized
so that a person unfamiliar with the study will be able to work from the
initial investment, expense, and demand data to the final cost estimate. Every
number used in developing the study is to be clearly identified in the work
papers as to what it represents. Further, the source should be clearly
identifiable and readily available, if not included with the work
papers. (E) Any input expressed as a
"dollars per minute," "dollars per foot," "dollars per
loop," "dollars per port," and the like are to be traceable back
to the original source documents containing the number of dollars, minutes,
feet, loops, ports, and the like from which these figures were
calculated. (F) All data and work papers are to be
provided in electronic format.
Last updated January 9, 2024 at 9:33 AM
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Rule 4901:1-7-21 | Resale.
[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 4901:1-7-02 of the Administrative Code.] (A) Resale provisioning (1) Telecommunications
services available for resale by any local exchange carrier (LEC) are to be
pursuant to 47 U.S.C. 251(b)(1). (2) Incumbent LECs are
to provide its retail telecommunications services for resale pursuant to 47
U.S.C. 251(c)(4). (3) Each ILEC is to
provide nondiscriminatory, automated operational support systems. Such systems
will enable other LECs reselling the ILEC's retail telecommunications
services to preorder and order service, installation, repair, and number
assignment; monitor network status; and bill for local service. Such support
systems are to include, but not be limited to: (a) Preordering and ordering functionalities for processing
customer service orders. (b) Provisioning requirements to ensure electronic transmission
of data to the LEC providing telecommunications services for resale, as well as
order and service completion confirmation. (c) Repair and maintenance requirements. (4) ILECs are required to
provide branding of operator, call completion, or directory assistance services
offered for resale. (B) Resale of retail
promotions (1) Promotions of
recurring charges for retail services offered by an ILEC lasting more than
ninety calendar days, as measured on a per customer basis in a twelve-month
time frame, or a promotion of the comparable cash value offered by a ILEC is to
be made available for resale at the wholesale rates. (2) Promotions of
recurring charges for retail services offered by a competitive local exchange
carrier (CLEC) lasting more than ninety calendar days, as measured on a per
customer basis in a twelve-month time frame, or a promotion of the comparable
cash value offered by a CLEC is to be made available for resale. (C) Resale of contracts (1) All LECs are to make
available for resale all retail telecommunication service contracts. The
contract is available for resale only in its entirety, and is available to
similarly situated customers other than the same customer under the LEC
contract. (2) ILECs are to make
these contracts available at the wholesale rate discussed in paragraph (D) of
this rule. (3) LECs may, subject to
commission approval, place reasonable restrictions on the resale of contracts
including the resale of residential services to business
customers. (D) Resale pricing (1) ILEC's retail
telecommunications services available for resale to any telephone company are
to be priced on a wholesale basis. Wholesale prices is determined on the basis
of the retail rates charged to customers for the telecommunications service
under consideration, excluding the portions thereof attributable to any
marketing, billing, collection, and other costs that will be avoided by the
ILEC. (2) The commission, at
its discretion, may establish the wholesale rates utilizing
either: (a) Interim wholesale rates that are based on the best
information available to the commission, about the ILEC avoided costs. In that
case, the commission may establish a single discount percentage rate that is
used to establish interim wholesale rates for each telecommunications service.
Such interim rates may be subject to a true up consistent with principles
outlined in paragraph (A)(4) of rule 4901:1-7-17 of the Administrative
Code. (b) Rates that are equal to the ILEC's existing retail rates
for the telecommunications service, less avoided retail costs through the
commission's review and approval of the ILEC's avoided cost
study. (3) Avoided retail costs
for large ILECs are those costs that will be avoided when an ILEC provides a
telecommunications service for resale at wholesale rates to a requesting
telephone company. (a) For the ILECs that are designated as class A companies
pursuant to 47 C.F.R. 32.11, except as provided in paragraph (D)(3)(d) of this
rule, the avoided retail costs include: (i) As direct costs, the
costs recorded in uniform system of accounts (USOA) account numbers 5301
(telecommunications uncollectibles) in proportion to the avoided direct
expenses, 6611 (product management), 6612 (sales), 6613 (product advertising),
6621 (call completion services), 6622 (number services), and 6623 (customer
services). (ii) As indirect costs, a
portion of the costs recorded in USOA accounts 6121-6124 (general support
expenses), 6711, 6712, 6721-6728 (corporate operations expenses). (iii) Not include
plant-specific expenses and plant nonspecific expenses other than general
support expenses (6110-6116 and 6210-6565). (b) Costs included in accounts 6611-6613 and 6621-6623 described
in paragraph (D)(3)(a)(i) of this rule, may be included in wholesale rates only
to the extent that the ILEC proves to the commission that specific costs in
these accounts will be incurred and are not avoidable with respect to the
services sold at wholesale, or that specific costs in these accounts are not
included in the retail prices of resold services. (c) Costs included in accounts 6110-6116 and 6210-6565 described
in paragraph (D)(3)(a)(iii) of this rule, may be treated as avoided retail
costs, and excluded from the retail rates, only to the extent that a party
proves to the commission that specific costs in these accounts can reasonably
be avoided when an ILEC provides a telecommunications service for resale to a
requesting carrier. (d) For the ILECs that are designated as class B companies under
47 C.F.R. 32.11, and that record information in summary accounts instead of
specific USOA accounts, the entire relevant summary accounts may be used in
lieu of specific USOA accounts listed in paragraphs (D)(3)(a) to (D)(3)(c) of
this rule. (4) Avoided retail costs
for small ILECs will be determined on a case-by-case basis. (5) An ILEC may, upon
commission approval, set wholesale discounts that are not uniform provided the
ILEC demonstrates to the commission that those rates are set on the basis of an
appropriate avoided-cost study. (6) The ILEC will develop
a two-pronged wholesale discount, one discount that applies when the reseller
purchases operator services and directory assistance, and a second discount
when these services are not purchased in their entirety. (E) When an ILEC provides exchange services to a requesting
carrier at wholesale rates for resale, the ILEC can continue to assess the
intrastate access charges provided in its intrastate tariffs upon the
requesting carrier. The ILEC access charges assessed to the requesting carrier
should be at the tariffed rate not at an avoided-cost discounted
rate.
Last updated January 9, 2024 at 9:33 AM
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Rule 4901:1-7-22 | Customer migration.
[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 4901:1-7-02 of the Administrative Code.] (A) Each competitive local exchange
carrier (CLEC) is to provide systems to facilitate the migration of customers
between local exchange carriers (LECs). Such systems may be manual but are to
enable another LEC to migrate customers efficiently from that CLEC's
network. Such systems are to include, but not be limited to, systems required
to preorder, order, install, and repair service, and billing for local service.
CLEC responses to customer service record requests are to include information
sufficient to facilitate customer migration between LECs. For the purposes of
this rule, customer service information includes but is not limited to the
following: (1) Customer service
records - detailed identification of the regulated services to which the
customer is subscribed. (2) Service completion
confirmation - the verification and notification that all tasks associated with
a service order have been completed. (3) Line loss
notification - the notification to a LEC that a customer has initiated a
transition to another LEC. (4) Completion notices -
notice that all work to affect a customer migration has been
completed. (5) Circuit
identification - the manner and system a carrier uses to identify physical
circuits under its control, if applicable. (6) 911 and directory
listings. (B) Incumbent local exchange carriers
(ILECs) are required to provide systems to facilitate the migration of
customers between LECs pursuant to 47 C.F.R. 51.319(e), and consistent with any
existing ILEC-specific commission requirement. (C) All telephone companies are to use
the relevant industry developed standards and timelines, where they exist, or a
mutually agreed upon equivalent, for the exchange of customer account
information between telephone companies. (D) Telephone companies responding to
local service requests are to follow industry standards, including North
America numbering council timelines. Telephone companies responding to a
request for customer service records are to provide such information to the
requesting telephone company, if available, within twenty-four clocks hours,
unless otherwise negotiated, excluding weekends and current service provider
holidays. (E) No telephone company, having obtained
facilities, resources, or information for the purpose of serving a specific
customer, can, upon the receipt of a request to migrate that customer, continue
to hold, or fail to release said facilities, resources, or information solely
in order to prevent or delay the migration of that customer. In the event of a
dispute, the telephone company retaining the facilities, resources, or
information carries the burden of proof to demonstrate a valid reason for
retaining the facilities, resources, or information in question. (F) A telephone company losing its
customer is not to use information obtained as a result of the customer
migration process to solicit a competing telephone company's customer
while the competing telephone company is in the process of obtaining from such
telephone company the facilities, resources, or information necessary to serve
that same customer. (G) No acquiring telephone company can
require, instruct, or advise any new customer to first establish service with,
migrate to, or otherwise use transitionally another telephone company, without
the consent of such other telephone company, for an interim period of time
before becoming a customer of the acquiring telephone company. (H) Telephone companies are to submit
customer service record requests to the customer's existing telephone
company and not to the underlying network provider.
Last updated January 9, 2024 at 9:34 AM
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Rule 4901:1-7-24 | Local number portability (LNP).
Effective:
October 27, 2017
[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 4901:1-7-02 of the Administrative Code.] (A) Telephone companies do not have a
proprietary interest in the customer's telephone number. Customers must
have the ability to retain the same telephone number as they change from one
telephone company to another at the same location. (B) All telephone companies must provide
permanent LNP pursuant to 47 C.F.R. 52.21-52.36.
Last updated July 13, 2023 at 2:18 PM
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Rule 4901:1-7-25 | Number optimization.
All number holding telephone companies, including
wireless service providers, must adhere to the following requirements: (A) Upon request, provide copies of all
NXX code requests to the North American numbering plan administrator (NANPA) or
thousands block requests to the pooling administrator to the chief of the
regulatory utility services division of the rates and analysis department of
the commission. (B) Initial and growth NXX code or
thousands block requests must comply with applicable federal
regulation. (C) The telephone company must obtain NXX
codes from NANPA or thousands blocks from the pooling administrator only for
those areas where it is certified and plans to activate service within six
months. If a telephone company is unable to meet the six-month deadline for
placing a code or thousands block into service by returning a part 4 form to
NANPA or to the pooling administrator, then further action regarding this code
or thousands block is the responsibility of the commission and the telephone
company. (D) The telephone company will adopt all
current and future number resource optimization measures set forth by the
federal communications commission and the commission orders.
Last updated January 9, 2024 at 9:34 AM
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Rule 4901:1-7-26 | Competition safeguards.
[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 4901:1-7-02 of the Administrative Code.] (A) Disclosure of
information (1) Definitions (a) For the purpose of this rule, "customer proprietary
network information" (CPNI) is defined in accordance with 47 U.S.C.
222(h)(1). (b) For the purpose of this rule, "subscriber list
information" is defined in accordance with 47 U.S.C.
222(h)(3). (c) For purposes of this rule "customer-specific
information" is defined as any information specifically pertaining to a
customer that is not information included in the definitions set forth in
paragraphs (A)(1)(a) and (A)(1)(b) of this rule. (2) Customer proprietary
network information (CPNI) (a) The use of CPNI by any telephone company is to comply with 47
U.S.C. 222, and 47 C.F.R. 64.2001 to 64. (b) No local exchange carrier (LEC) can access or use the CPNI
held by either an interconnecting LEC or a LEC reselling its services for the
purpose of marketing its services to either the interconnecting LEC's
customers or reselling LEC's customers. (3) To the extent a
telephone company makes subscriber list information available to affiliated
competitors within its service territory for purposes other than the publishing
of directories, it will, upon request, also do so on a nondiscriminatory basis
with all unaffiliated competitors certified to provide service in its service
territory. (a) This provision does not apply to customer-specific
information, obtained with proper authorization, necessary to fulfill the terms
of a contract, or information relating to the provision of general and
administrative support services. (b) This provision does not apply to information subject to a
customer request to either release or withhold information. (4) Records All telephone companies are to maintain
records, consistent with federal communications commission (FCC) requirements,
to enable the commission to determine whether they have satisfied paragraph (A)
of this rule. (B) Accounting requirements Each incumbent local exchange carrier (ILEC) is
to maintain its books, records, and accounts in accordance with the FCC's
accounting requirements, as appropriate to the categorization of the ILEC, and
as revised from time to time.
Last updated January 9, 2024 at 9:34 AM
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Rule 4901:1-7-27 | Local exchange carrier default.
(A) In the event a local exchange carrier
(LEC) intends to terminate another LEC's access to its network for
nonpayment or any other material default, as defined by an agreement between
the LECs, and in the event such termination of service would effectively result
in the disconnection of the defaulting LEC's customers from the local
telecommunications network without a customer notice, consistent with rule
4901:1-6-07 of the Administrative Code, the aggrieved LEC is to notify the
commission at least fourteen calendar days in advance of the date it intends to
terminate the other LECs' access. Such notice will be made by e-mail,
facsimile, overnight mail, or hand delivery to the defaulting LEC and to the
director of the service monitoring and enforcement department, the chief of the
regulatory utility services division of the rates and analysis department, and
the chief of the telecommunications section of the legal
department. (B) If it is determined by the
commission, that further investigation is warranted or that immediate
termination may not be in the public interest, the commission or an attorney
examiner may direct the aggrieved LEC to stay the termination for further
investigation. This rule is not intended to replace any default or dispute
resolution provisions contained in an agreement between the LECs. Rather, it is
an additional requirement should a default trigger the potential for
termination of service(s) from the aggrieved LEC's network.
Last updated January 9, 2024 at 9:35 AM
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