reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 13 - Operating and Maintenance Requirements › Part 5 - SERVICE QUALITY STANDARDS › Section 165:55-13-21 - Incorporated national standards [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 2655, eff 6-25-93; Revoked at 13 Ok Reg 2437, eff
					 7-1-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 13 - Operating and Maintenance Requirements › Part 5 - SERVICE QUALITY STANDARDS › Section 165:55-13-22 - Emergencies

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				  telecommunications service providers shall make adequate provision for
				  emergencies in order to prevent interruption of continuous telecommunications
				  service throughout the area it serves.
(b) Central office(s) shall have an emergency
				  power source, either on the premises or available on short notice.
Amended at 13 Ok Reg
					 2437, eff 7-1-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 13 - Operating and Maintenance Requirements › Part 5 - SERVICE QUALITY STANDARDS › Section 165:55-13-23 - Adequacy of service

Current through Vol. 41, No. 20, July 1, 2024
The telecommunications service provider shall ensure that
					 there is a sufficient operating force and, where appropriate, sufficient
					 equipment to serve its end-users.
Amended at 13 Ok Reg
					 2437, eff 7-1-96; Amended at 29 Ok Reg 1549, eff
					 7-12-12
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 13 - Operating and Maintenance Requirements › Part 5 - SERVICE QUALITY STANDARDS › Section 165:55-13-24 - Adequacy of equipment

Current through Vol. 41, No. 20, July 1, 2024
A telecommunications service provider shall, where
					 appropriate, install sufficient equipment and ensure that there are sufficient
					 personnel to handle the average busy hour, busy season
					 traffic.
Amended at 13 Ok Reg
					 2437, eff 7-1-96; Amended at 29 Ok Reg 1549, eff
					 7-12-12
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 13 - Operating and Maintenance Requirements › Part 5 - SERVICE QUALITY STANDARDS › Section 165:55-13-25 - Response to customer complaint inquiries

Current through Vol. 41, No. 20, July 1, 2024
A telecommunications service provider and IXC shall respond
					 to the Commission upon written or electronic inquiry from the Commission within
					 the following time periods:
(1)
				  Inquiries regarding disconnection, suspension or termination of local service -
				  within one (1) business day of receipt of inquiry from the
				  Commission.
(2) Inquiries other
				  than for disconnection, suspension or termination of local service - within
				  three (3) business days of receipt of inquiry from the Commission.
Added at 18 Ok Reg
					 2415, eff 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 13 - Operating and Maintenance Requirements › Part 7 - TRANSMISSION OBJECTIVES › Section 165:55-13-30

Current through Vol. 41, No. 20, July 1, 2024
Amended at 13 Ok Reg
					 2437, eff 7-1-96; Amended at 29 Ok Reg 1549, eff
					 7-12-12
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 13 - Operating and Maintenance Requirements › Part 7 - TRANSMISSION OBJECTIVES › Section 165:55-13-31 - Access lines [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 29 Ok Reg
					 1549, eff 7-12-12
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 13 - Operating and Maintenance Requirements › Part 9 - LOCATION OF DEMARCATION POINTS AND NETWORK INTERFACES › Section 165:55-13-40 - Location of demarcation points and network interfaces

Current through Vol. 41, No. 20, July 1, 2024
(a)
Simple residence and business
				  locations.
The normal demarcation point for simple residence and
				  business locations will be the network interface. The network interface
				  normally will be located on the exterior of a building, or inside the building
				  if the interface device can not be provided on the exterior of the
				  building.
(b)
Other
				  buildings.
The normal demarcation point for regulated services offered
				  by any telecommunications service provider in buildings commenced after June
				  30, 1992, will be at or near the point of minimum penetration. The point of
				  minimum penetration is the location where the telecommunications service
				  provider's regulated facilities enter the building, subject to an agreement to
				  the contrary. The actual demarcation point in new buildings shall be located as
				  close to the point of minimum penetration as appropriate environmental
				  protection and space requirements allow. The telecommunications service
				  provider will normally terminate its regulated services by placing an FCC
				  approved network interface at the demarcation point.
(c)
Campuses.
The normal
				  demarcation point for regulated services offered by telecommunications service
				  providers in campuses commenced after June 30, 1992, will be in one of the
				  buildings on the campus at or near the point of minimum penetration. The point
				  of minimum penetration is the location where the telecommunications service
				  provider's regulated facilities enter the building. The actual demarcation
				  point in the building shall be located as close to the point of minimum
				  penetration as appropriate environmental protection and space requirements
				  allow. Telecommunications service providers will normally terminate their
				  regulated services by placing an FCC-approved network interface at the
				  demarcation point.
(d)
Apartment building.
The demarcation point for residential service
				  in residential apartment buildings or high-rise apartment buildings may be
				  placed at each individual living unit or at a central location within each
				  building if adequate security is available.
(e)
Other demarcation points.
The point(s) of demarcation may be at a location(s) different than set forth in
				  this Section if mutually agreed between the end-user and the telecommunications
				  service provider.
Amended at 13 Ok Reg
					 2437, eff 7-1-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 13 - Operating and Maintenance Requirements › Part 11 - INTERRUPTIONS OF SERVICE › Section 165:55-13-50 - Service standards; sufficient operating and maintenance force

Current through Vol. 41, No. 20, July 1, 2024
A telecommunications service provider shall maintain an
					 operating and maintenance force sufficient to meet service objectives and
					 minimum standards for restoration of service after interruption as
					 follows:
(1) Provisions will be made
				  to receive customer trouble reports at all times, twenty-four (24) hours per
				  day.
(2) Provision will be made to
				  correct interruptions of service to persons and agencies required to respond to
				  emergencies involving human life and safety at all times, consistent with the
				  bona fide needs of the end-user and the availability and safety of
				  telecommunications service provider personnel.
Amended at 13 Ok Reg
					 2437, eff 7-1-96; Amended at 29 Ok Reg 1549, eff
					 7-12-12
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 13 - Operating and Maintenance Requirements › Part 11 - INTERRUPTIONS OF SERVICE › Section 165:55-13-51 - Records of trouble reports

Current through Vol. 41, No. 20, July 1, 2024
Each telecommunications service provider and IXC shall make
					 a full and prompt investigation of every trouble report made to it by its
					 end-users, either directly or through the Commission.
Amended at 13 Ok Reg
					 2437, eff 7-1-96; Amended at 29 Ok Reg 1549, eff
					 7-12-12
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 13 - Operating and Maintenance Requirements › Part 11 - INTERRUPTIONS OF SERVICE › Section 165:55-13-52 - Notice of service interruptions

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission
				  shall be notified as soon as possible of planned or unplanned interruptions in
				  telecommunications services which:
(1) affect
				  the entire system of the reporting telecommunications service provider, or a
				  major division thereof;
(2) affect
				  911/E911 access within any system; or which,
(3) in the judgment of the telecommunications
				  service provider, may cause a high degree of public interest or
				  concern.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 13 - Operating and Maintenance Requirements › Part 11 - INTERRUPTIONS OF SERVICE › Section 165:55-13-53 - Restoration of service plan

Current through Vol. 41, No. 20, July 1, 2024
Each telecommunications service provider shall have a
					 written restoration of service plan (Plan) and submit the Plan to the
					 Commission upon request.
Added at 18 Ok Reg
					 2415, eff 7-1-01; Amended at 29 Ok Reg 1549, eff
					 7-12-12
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 15 - Notification of Transactions Affecting Customers or Business Operations › Section 165:55-15-2 - Major stock acquisitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 13 Ok Reg
				  2437, eff 7-1-96; Revoked at 15 Ok Reg 3054, eff
				  7-15-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 15 - Notification of Transactions Affecting Customers or Business Operations › Section 165:55-15-3 - Sale of equipment [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 13 Ok Reg
				  2437, eff 7-1-96; Amended at 15 Ok Reg 3054, eff 7-15-98; Amended at 18 Ok Reg
				  2415, eff 7-1-01; Revoked at 29 Ok Reg 1549, eff
				  7-12-12
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 15 - Notification of Transactions Affecting Customers or Business Operations › Section 165:55-15-5 - Cessation of business in Oklahoma

Current through Vol. 41, No. 20, July 1, 2024
(a) At least thirty
				(30) days before the effective date of the cessation of the provisioning of
				telecommunications service(s) in the State of Oklahoma, a telecommunications
				service provider or IXC shall file an application for withdrawal of its
				Certificate of Convenience and Necessity and cancellation of its tariffs and
				provide Notice of such filing to the Attorney General of the State of Oklahoma
				and the PUD.
(b) An application for
				withdrawal shall include as attachments the following information, which must
				be certified as true and correct by an officer of any corporate applicant with
				authority to bind the applicant, or an authorized representative of an
				unincorporated applicant with authority to bind the applicant:
(1) The contact person who will be
				responsible for concluding all outstanding business with the Commission and
				customers;
(2) A statement that the
				company completed its reporting obligations to the PUD Fee Assessment, OUSF
				Assessment, and/or Oklahoma Telecommunications Annual Report, as applicable,
				for the previous calendar year;
(3)
				A statement regarding the amount of any outstanding customer deposits and the
				date refund checks will be sent to customers; and,
(4) The date of
				withdrawal.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 15 - Notification of Transactions Affecting Customers or Business Operations › Section 165:55-15-5.1 - Withdrawal of competitive services

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon at least thirty (30) days advance
				notice to the Director of the Public Utility Division, an ILEC serving more
				than 75,000 customers on January 1, 2015 may withdraw any service that has been
				deemed competitive by the Commission as of January 1, 2014.
(b) Notice of discontinuance shall be sent at
				least thirty (30 days prior to the date that service will cease by regular mail
				to all of the affected customers of the telecommunications service provider.
				The notice shall be in a form approved by the Director of the Public Utility
				Division, and shall give the exact date that service will cease and contain
				information as to the procedure for any refunds due customers.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 17 - Facilitation of Local Exchange Competition › Section 165:55-17-1 - Rules governing local exchange competition

Current through Vol. 41, No. 20, July 1, 2024
The provisioning of local exchange service by any
				  telecommunications service provider subject to the jurisdiction of the Oklahoma
				  Corporation Commission, shall be subject to all requirements of
				  47 U.S.C.
				  §251
et seq.
and OAC
				  165:55.
Added at 13 Ok Reg 2437,
				  eff 7-1-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 17 - Facilitation of Local Exchange Competition › Section 165:55-17-3 - Designation of service territory

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission shall determine whether a
				telecommunications service provider's service territory is in the public
				interest at the time the competitive LEC seeks certification or proposes
				changes to its service territory. In determining whether the proposed service
				territory meets the public interest, the Commission shall consider factors,
				including but not limited to, the existence and location of the competitive
				LEC's facilities, the number of potential customers to be served and the
				potential impact on universal service.
(b) No service territory shall be changed
				except by Order of the Commission after such notice and hearing, if any, as
				directed by the Commission. Applications for change to an existing service
				territory shall be accompanied by revised tariff pages or an initial tariff
				reflecting the proposed new service territory.
Added at 13 Ok Reg 2437,
				  eff 7-1-96; Amended at 20 Ok Reg 2301, eff
				  7-15-03
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 17 - Facilitation of Local Exchange Competition › Section 165:55-17-5 - Obligations of telecommunications service providers to facilitate competition

Current through Vol. 41, No. 20, July 1, 2024
(a)
General duty of telecommunications service providers.
Each
				telecommunications service provider has the duty:
(1) To interconnect directly with or
				indirectly with the facilities and equipment of other telecommunications
				service providers; and,
(2) Not to
				install network features, functions, or capabilities that do not comply with
				established guidelines and standards.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 17 - Facilitation of Local Exchange Competition › Section 165:55-17-7 - Procedures for negotiation, arbitration and approval of agreements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Agreements arrived at through voluntary negotiations.
Upon
				receiving a request for interconnection, services, or network elements pursuant
				to OAC
				165:55-17-5,
				an incumbent LEC may negotiate and enter into a binding agreement with the
				requesting telecommunications service provider or providers without regard to
				the standards set forth in OAC
				165:55-17-5(b)
				and (c). The agreement shall include a
				detailed schedule of itemized charges for interconnection and each service or
				network element included in the agreement. The agreement, including any
				interconnection agreement negotiated before the date of enactment of the
				Telecommunications Act of 1996 (February 8, 1996), shall be filed with the
				Commission under subsection (e) of this Section.
(b)
Mediation.
Any party
				negotiating an agreement under this Section may, at any point in the
				negotiations, ask the Commission to participate in the negotiations and mediate
				any differences arising in the course of the negotiations. The Public Utility
				Division shall provide the mediator, unless otherwise directed by the
				Commission.
(c)
Agreements
				arrived at through compulsory arbitration.
During the period from the
				135 th to the 160 th day
				(inclusive) after the date on which an incumbent LEC receives a request for
				negotiation under this Section, the incumbent LEC or any other party to the
				negotiation may seek arbitration at the Commission of any open issues. Nothing
				in this subsection shall preclude negotiating parties from filing a joint
				application.
(1)
Responsibilities of
				the applicant with regard to the Commission.
A party that seeks
				arbitration from the Commission pursuant to this subsection shall,
				contemporaneously with the filing of its application, provide the Commission
				all relevant documentation concerning:
(A)
				The unresolved issues and the position of each of the parties with respect to
				those issues; and,
(B) Any other
				issue discussed and resolved by the parties.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 17 - Facilitation of Local Exchange Competition › Section 165:55-17-9 - Resale of local telecommunications service

Current through Vol. 41, No. 20, July 1, 2024
(a)
Elimination of resale
				restrictions.
Except as provided in this Subchapter, each
				telecommunications service provider has the duty not to prohibit, and not to
				impose unreasonable or discriminatory conditions or limitations on, the resale
				of its telecommunications services. Telecommunications services may be resold,
				either on a stand-alone basis, or as part of a package of services.
(b)
Allowable resale
				restriction.
A telecommunications service provider that obtains, at
				wholesale rates, a telecommunications service that is available at retail only
				to a specified category of end-users may only resell such service to the same
				category of end-users.
(c)
Incumbent LEC wholesale rates.
Each incumbent LEC has the duty to
				offer for resale, at wholesale rates, any telecommunications service that the
				incumbent LEC provides at retail to end-users who are not telecommunications
				service providers. Wholesale rates of services shall exclude costs attributable
				to marketing, billing, collection and other costs that will be avoided by the
				incumbent LEC in providing the service on a wholesale basis.
(d)
Automated Interfaces.
To the
				extent an incumbent LEC provides itself, its affiliate, or its subsidiary
				automated interface for purpose of service ordering, maintenance, or repair, it
				shall make such interfaces available to the extent it protects customer privacy
				and system integrity, to other telecommunications service providers on rates,
				terms, and conditions that are just, reasonable and nondiscriminatory. The
				provision of such interfaces shall not permit access to or manipulation of the
				underlying systems themselves.
Added at 13 Ok Reg 2437,
				  eff 7-1-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 17 - Facilitation of Local Exchange Competition › Section 165:55-17-11 - Unbundling of incumbent LEC networks

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon receipt of a bona fide request, each
				incumbent LEC shall enter into good faith negotiations to unbundle its network
				elements to the exchange(s) and/or zone(s) specifically requested in the bona
				fide requests. Said unbundling shall be available at any technically feasible
				point on rates, terms, and conditions that are just, reasonable, and
				nondiscriminatory.
(b) Subsection
				(a) of this Section shall not be applicable to a rural telephone company until
				such time as the Commission has determined that the bona fide request is not
				unduly economically burdensome, is technically feasible and is consistent with
				universal service.
(c) Unbundling
				issues not addressed or resolved by these rules, shall be addressed and
				resolved through the negotiation and arbitration process in a manner consistent
				with the Federal Telecommunications Act of 1996 and FCC regulations prescribed
				thereto.
Added at 13 Ok Reg 2437,
				  eff 7-1-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 17 - Facilitation of Local Exchange Competition › Section 165:55-17-13 - Interconnection of networks

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Local exchange telecommunications networks shall be interconnected, where
				technically feasible, so that end-users of any telecommunications service
				provider can seamlessly send and/or receive calls without any diminution in
				service quality regardless of the telecommunications service provider selected
				by the end-user or the called party. Such interconnection shall be made
				available, when requested by a competing telecommunications service provider,
				on an unbundled basis equally and on a nondiscriminatory basis.
(b) A telecommunications service provider
				shall make available any interconnection, service, or network element, provided
				under an agreement to which it is a party and which has been approved by the
				Commission pursuant to OAC
				165:55-17-7,
				to any other requesting telecommunications service provider upon the same terms
				and conditions as those provided in the agreement.
(c) Interconnection issues not addressed or
				resolved by these rules, shall be addressed and resolved through the
				negotiation and arbitration process provided for in a manner consistent with
				the Federal Telecommunications Act of 1996 and FCC regulations prescribed
				thereto.
(d) When filing an
				amendment to an interconnection agreement, the effective date, order number and
				cause number of the original interconnection agreement or the subsequent
				amendment that is being modified must be included.
(e) When filing an application for approval
				of an agreement or an amendment to an existing interconnection agreement, a
				file-stamped copy will be provided to the Director of the Public Utility
				Division , the Oklahoma Attorney General, each E911 public safety answering
				point within the territory of the service area affected by the proposed
				agreement and any other party to the agreement. The copy to the Director of the
				Public Utility Division may be contained on compact disk, formatted in an IBM
				compatible form using Microsoft Word for Windows, or compatible software.
Added at 13 Ok Reg 2437,
				  eff 7-1-96; Amended at 20 Ok Reg 2301, eff
				  7-15-03
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 17 - Facilitation of Local Exchange Competition › Section 165:55-17-15 - Reciprocal compensation

Current through Vol. 41, No. 20, July 1, 2024
(a) Local
				telecommunications traffic shall be terminated on a nondiscriminatory basis for
				reciprocal compensation. The Commission will not consider the terms and
				conditions for reciprocal compensation to be just and reasonable unless:
(1) Such terms and conditions provide for the
				mutual and reciprocal recovery by each telecommunications service provider of
				the costs associated with the transport and termination on each
				telecommunications service provider's network facilities related to traffic
				that originates on the network facilities of the other telecommunications
				service provider; and,
(2) Such
				terms and conditions determine said costs on the basis of a reasonable
				approximation of the additional costs of terminating said traffic.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 17 - Facilitation of Local Exchange Competition › Section 165:55-17-17 - Number portability and dialing parity

Current through Vol. 41, No. 20, July 1, 2024
(a)
In General.
All
				telecommunications service providers have the duty to provide number
				portability in accordance with requirements prescribed by the FCC.
(b)
Additional State
				Requirements.
To the extent a telecommunications service provider allows
				an end-user to retain the same telephone number when changing service locations
				within a wire center, said telecommunications service provider must allow an
				end-user to retain the same telephone number when changing service locations
				and telecommunications service providers within a wire center.
Added at 13 Ok Reg 2437,
				  eff 7-1-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 17 - Facilitation of Local Exchange Competition › Section 165:55-17-19 - Universal service

Current through Vol. 41, No. 20, July 1, 2024
Universal service is a paramount goal of the Commission's
				  telecommunications policy. The purpose of universal service is to ensure that
				  all end-users have access to basic residential intrastate voice and/or relay
				  service at a reasonable and affordable price.
Added at 13 Ok Reg 2437,
				  eff 7-1-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 17 - Facilitation of Local Exchange Competition › Section 165:55-17-21 - Universal service fund

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Universal Service Fund ("OUSF") was established
				  to preserve and advance universal service in Oklahoma. Every entity which
				  provides intrastate telecommunications services shall contribute, on an
				  equitable and nondiscriminatory basis, for the preservation and advancement of
				  universal service in Oklahoma, in a manner established by the Commission
				  pursuant to OAC 165:59.
Added at 13 Ok Reg 2437,
				  eff 7-1-96; Amended at 16 Ok Reg 2261, eff
				  7-1-99
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 17 - Facilitation of Local Exchange Competition › Section 165:55-17-25 - Costing standards

Current through Vol. 41, No. 20, July 1, 2024
(a) To
				facilitate the Commission's ability to arbitrate agreements between
				telecommunications service providers when negotiations have resulted in a party
				requesting the Commission to arbitrate, the telecommunications service provider
				owning facilities that are the subject of arbitration shall provide to the
				Commission the following cost studies, for those services in dispute, no later
				than one hundred sixty (160) days after the receipt of a request for
				negotiation:
(1) Long-run incremental cost
				("LRIC") studies and studies identifying a contribution to common costs for
				interconnection of facilities and network elements; or,
(2) Marketing, billing, collection and other
				costs that will be avoided by the telecommunications service provider for any
				resold services.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 17 - Facilitation of Local Exchange Competition › Section 165:55-17-27 - Pricing and imputation standards

Current through Vol. 41, No. 20, July 1, 2024
(a)
Interconnection and network element
				charges.
The Commission will determine just and reasonable prices for
				network elements and interconnection of facilities and equipment as follows:
(1) Prices shall be based on the cost,
				determined without reference to a rate-of-return or other rate-based
				proceeding, of providing the interconnection or network element, whichever is
				applicable;
(2) Prices shall be
				nondiscriminatory; and,
(3) Prices
				may include a reasonable profit.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 17 - Facilitation of Local Exchange Competition › Section 165:55-17-29

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 2437,
				  eff 7-1-96; Amended at 29 Ok Reg 1549, eff
				  7-12-12
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 17 - Facilitation of Local Exchange Competition › Section 165:55-17-30 - Customer choice

Current through Vol. 41, No. 20, July 1, 2024
(a) Where
				choices are available, every customer shall have the right to choose his or her
				TSP.
(b) Where choices of TSPs are
				available, a TSP shall not enter into a contract or agreement with any person
				or entity, including but not limited to; property developers, multi-tenant
				property owners or managers, homeowners associations, or any agent or
				representative of such person or entity that would prohibit or restrict an
				end-user's right to select the carrier of his or her choice. Should a carrier
				become aware that such a property owner, manager, or agent is prohibiting or
				restricting an end-user's right to select the carrier of his or her choice, the
				carrier shall notify the Director of the Public Utility Division for the
				Commission.
(c) The Public Utility
				Division may, after an informal investigation, file an application requesting a
				finding of contempt and the imposition of a fine or other penalty against a TSP
				that enters into a contract or agreement that prohibits or restricts an
				end-user's right to select the carrier of his or her choice.
(d) The investigation and findings of the
				Public Utility Division shall not be contrary to federal rules regarding
				customer
Reserved at 13 Ok Reg
				  2437, eff 7-1-96; Added at 20 Ok Reg 2301, eff 7-15-03; Amended at 26 Ok Reg
				  1127, eff 7-1-09
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 17 - Facilitation of Local Exchange Competition › Section 165:55-17-35 - Unauthorized transfer of end-users [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 2437,
				  eff 7-1-96; Revoked at 15 Ok Reg 3054, eff
				  7-15-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 19 - Unlawful Practices › Part 1 - SLAMMING › Section 165:55-19-1 - Slamming

Current through Vol. 41, No. 20, July 1, 2024
Slamming is prohibited.
Added at 15 Ok Reg
					 3054, eff 7-15-98; Amended at 16 Ok Reg 2261, eff 7-1-99; Amended at 18 Ok Reg
					 2415, eff 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 19 - Unlawful Practices › Part 1 - SLAMMING › Section 165:55-19-1.1 - Verification of order for telecommunications service

Current through Vol. 41, No. 20, July 1, 2024
(a) No telecommunications carrier shall
				  submit or execute a change on the behalf of an end-user in the end-user's
				  selection of a provider of telecommunications service except in accordance with
				  the procedures prescribed in this Part 1 of this Subchapter.
(1)
Requirement for submission of
				  changes of provider.
No submitting carrier shall submit a change on the
				  behalf of an end-user in the end-user's selection of a provider of
				  telecommunications service prior to obtaining:
(A) Authorization from the end-user,
				  and
(B) Verification of that
				  authorization in accordance with the procedures prescribed in this Section. The
				  submitting carrier shall maintain and preserve records of verification of
				  end-user authorization for a minimum period of two years after obtaining such
				  verification.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 19 - Unlawful Practices › Part 1 - SLAMMING › Section 165:55-19-1.3 - Carrier liability for slamming

Current through Vol. 41, No. 20, July 1, 2024
(a)
Carrier liability for
				  charges.
Any submitting telecommunications carrier that fails to comply
				  with the procedures prescribed in Part 1 of this Subchapter shall be liable to
				  the end-user's properly authorized carrier in an amount equal to one-hundred
				  and fifty percent (150%) of all charges paid to the submitting
				  telecommunications carrier by such end-user after such violation, as well as
				  for additional amounts as prescribed in
				  165:55-19-1.6.
				  The remedies provided in Part 1 of this Subchapter are in addition to any other
				  remedies available by law.
(b)
End-user liability for charges.
Any end-user whose selection of
				  telecommunications services provider is changed without authorization verified
				  in accordance with the procedures set forth in Part 1 of this Subchapter is
				  liable for charges as follows:
(1) If the
				  end-user has not already paid charges to the unauthorized carrier, the end-user
				  is absolved of liability for charges imposed by the unauthorized carrier for
				  service provided during the first thirty (30) days after the unauthorized
				  change. Upon being informed by an end-user that an unauthorized change has
				  occurred, the authorized carrier, the unauthorized carrier, or the executing
				  carrier shall inform the end-user of this thirty (30) day absolution period.
				  Any charges imposed by the unauthorized carrier on the end-user for service
				  provided after this thirty (30) day period shall be paid by the end-user to the
				  authorized carrier at the rates the end-user was paying to the authorized
				  carrier at the time of the unauthorized change in accordance with the
				  provisions of
				  165:55-19-1.5(e).
(2) If the end-user has already paid charges
				  to the unauthorized carrier, and the authorized carrier receives payment from
				  the unauthorized carrier as provided for in
				  165:55-19-1.2(a),
				  the authorized carrier shall refund or credit to the end-user any amounts
				  determined in accordance with the provisions of
				  165:55-19-1.6(c).
(3) If the end-user has been absolved of
				  liability as prescribed by this Section, the unauthorized carrier shall also be
				  liable to the end-user for any charge required to return the end-user to his or
				  her properly authorized carrier, if applicable.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 19 - Unlawful Practices › Part 1 - SLAMMING › Section 165:55-19-1.4 - Procedures for resolution of unauthorized changes in preferred carrier

Current through Vol. 41, No. 20, July 1, 2024
(a)
Notification of alleged unauthorized carrier change.
Executing
				  carriers who are informed of an unauthorized carrier change by an end-user must
				  immediately notify both the authorized and allegedly unauthorized carrier of
				  the incident. This notification must include the identity of both
				  carriers.
(b)
Referral of
				  complaint.
Any carrier, executing, authorized, or allegedly
				  unauthorized, that is informed by an end-user or an executing carrier of an
				  unauthorized carrier change shall direct that end-user to the Commission for
				  resolution of the complaint.
(c)
Notification of receipt of complaint.
Upon receipt of an
				  unauthorized carrier change complaint, the Commission will notify the allegedly
				  unauthorized carrier of the complaint and order that the carrier remove all
				  unpaid charges for the first 30 days after the slam from the end-user's bill
				  pending a determination of whether an unauthorized change, as defined by
				  165:55-1-4, has
				  occurred, if it has not already done so.
(d)
Proof of verification.
Not
				  more than thirty (30) days after notification of the complaint, or such lesser
				  time as is required by the Commission, the alleged unauthorized carrier shall
				  provide to the Commission a copy of any valid proof of verification of the
				  carrier change. This proof of verification must contain clear and convincing
				  evidence of a valid authorized carrier change, as that term is defined in
				  165:55-19-1.4 and
				  165:55-19-1.5.
				  The Commission will determine whether an unauthorized change, as defined by
				  165:55-1-4, has
				  occurred using such proof and any evidence supplied by the end-user. Failure by
				  the carrier to respond or provide proof of verification will be presumed to be
				  clear and convincing evidence of a violation.
Added at 18 Ok Reg
					 2415, eff 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 19 - Unlawful Practices › Part 1 - SLAMMING › Section 165:55-19-1.5 - Absolution procedures where the end-user has not paid charges

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
This Section shall only apply after an end-user has
				  determined that an unauthorized change, as defined by
				  165:55-1-4, has
				  occurred and the end-user has not paid charges to the allegedly unauthorized
				  carrier for service provided for thirty (30) days, or a portion thereof, after
				  the unauthorized change occurred.
(b)
Removal of charges for the first 30
				  days.
An allegedly unauthorized carrier shall remove all charges
				  incurred for service provided during the first thirty (30) days after the
				  alleged unauthorized change occurred, as defined by
				  165:55-1-4, from an
				  end-user's bill upon notification that such unauthorized change is alleged to
				  have occurred.
(c)
Challenging an end-user's allegation of unauthorized charges.
An
				  allegedly unauthorized carrier may challenge an end-user's allegation that an
				  unauthorized change, as defined by
				  165:55-1-4, occurred.
				  An allegedly unauthorized carrier choosing to challenge such allegation shall
				  immediately notify the complaining end-user that:
(1) The complaining end-user must file a
				  complaint with the Commission within thirty (30) days of either:
(A) The date of removal of charges from the
				  complaining end-user's bill in accordance with (b) of this Section or
(B) The date the allegedly
				  unauthorized carrier notifies the complaining end-user of the requirements of
				  this Section, whichever is later; and
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 19 - Unlawful Practices › Part 1 - SLAMMING › Section 165:55-19-1.6 - Reimbursement procedures where the end-user has paid charges

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
The
				  procedures in this Section shall only apply after an end-user has determined
				  that an unauthorized change, as defined by
				  165:55-1-4, has
				  occurred and the end-user has paid charges to an allegedly unauthorized
				  carrier.
(b)
Order
				  requirements.
(1) If CSD determines
				  after reasonable investigation that an unauthorized change, as defined by OAC
				  165:55-1-4, has
				  occurred, it shall issue a factual determination requiring the unauthorized
				  carrier to forward to the authorized carrier the following:
(A) An amount equal to one hundred and fifty
				  percent (150%) of all charges paid by the end-user to the unauthorized carrier;
				  and
(B) Copies of any telephone
				  bills issued from the unauthorized carrier to the end-user.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 19 - Unlawful Practices › Part 1 - SLAMMING › Section 165:55-19-1.7 - Preferred carrier freezes

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  A preferred carrier freeze (or freezes) prevents a change in an end-user's
				  preferred carrier selection for intraLATA/intrastate toll, interLATA/interstate
				  toll, interLATA/intrastate toll, and international toll unless the end-user
				  gives the carrier from whom the freeze was requested his or her express
				  consent. All local exchange carriers who offer preferred carrier freezes must
				  comply with the provisions of this Section. No local exchange carrier shall
				  impose a preferred carrier freeze on local exchange service.
(b) All local exchange carriers who offer
				  preferred carrier freezes shall offer freezes on a nondiscriminatory basis to
				  all end-users, regardless of the end-user's carrier selections.
(c) Preferred carrier freeze procedures,
				  including any solicitation, must clearly distinguish among telecommunications
				  services (e.g., intraLATA/intrastate toll, interLATA/interstate toll,
				  interLATA/intrastate toll, and international toll) subject to a preferred
				  carrier freeze. The carrier offering the freeze must obtain separate
				  authorization for each service for which a preferred carrier freeze is
				  requested.
(d)
Solicitation
				  and imposition of preferred carrier freezes.
(1) All carrier-provided solicitation and
				  other materials regarding preferred carrier freezes must include:
(A) An explanation, in clear and neutral
				  language, of what a preferred carrier freeze is and what services may be
				  subject to a freeze;
(B) A
				  description of the specific procedures necessary to lift a preferred carrier
				  freeze; an explanation that these steps are in addition to the Commission's
				  verification rules in
				  165:55-19-1.4
				  and
				  165:55-19-1.5
				  for changing an end-user's preferred carrier selections; and an explanation
				  that the end-user will be unable to make a change in carrier selection unless
				  he or she lifts the freeze; and
(C)
				  An explanation of any charges associated with the preferred carrier
				  freeze.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 19 - Unlawful Practices › Part 3 - CRAMMING › Section 165:55-19-2 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 15 Ok Reg
					 3054, eff 7-15-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 19 - Unlawful Practices › Part 3 - CRAMMING › Section 165:55-19-3 - Cramming

Current through Vol. 41, No. 20, July 1, 2024
(a) Cramming is
				  prohibited.
(b) TSPs and IXCs,
				  after a complaint of cramming by the customer, shall not disconnect or seek
				  payment of the charge(s) pending resolution of the dispute.
(c) The telecommunications service provider
				  or IXC shall be subject to a fine, per day per occurrence, for any violation of
				  this Section, on an intrastate basis. The amount of the fine shall be
				  determined pursuant to 17 O.S. §
										1
				  et seq., after notice and hearing.
Added at 15 Ok Reg
					 3054, eff 7-15-98; Amended at 16 Ok Reg 2261, eff
					 7-1-99
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 21 - Pay-Per-Call Services › Section 165:55-21-1 - Prohibition of certain pay-per-call services or interactive programs

Current through Vol. 41, No. 20, July 1, 2024
Each TSP or IXC is prohibited from violating 17 O.S. §
									140.1. et
				  seq.
Added at 16 Ok Reg 2261,
				  eff 7-1-99
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 22 - Resolution Disputes › Section 165:55-22-1 - Resolution procedures arising under interconnection agreements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
This Subchapter establishes procedures for Commission
				resolution of disputed issues arising under or pertaining to interconnection
				agreements approved by the Commission pursuant to its authority under the
				Federal Telecommunications Act of 1996 and Subchapter 17 of this
				Chapter.
(b)
Type of disputed
				issues.
The dispute resolution procedures set forth in this Subchapter
				are intended to resolve disputes concerning:
(1) Proper interpretation of terms and
				conditions in the interconnection agreement;
(2) Implementation of activities explicitly
				provided for, or implicitly contemplated in, the interconnection
				agreement;
(3) Enforcement of terms
				and conditions in such interconnection agreements; and
(4) Any issue not explicitly addressed in the
				interconnection agreement that the parties agree to resolve pursuant to this
				Subchapter; provided the resolution of the issue would facilitate the
				provisioning of service pursuant to the interconnection agreement.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 22 - Resolution Disputes › Section 165:55-22-3 - Facilitation

Current through Vol. 41, No. 20, July 1, 2024
(a)
Informal
				process.
Facilitation is an informal, voluntary process wherein both
				parties to the dispute agree to bring the dispute before the Commission and to
				be bound by the facilitator's decision.
(b)
Facilitation request.
The
				request for an informal facilitation conference may be made by a joint written
				request to the Director of the Public Utility Division. The joint written
				request should include the following from each party:
(1) The name, address, telephone number and
				facsimile number of each party to the interconnection agreement and each
				party's designated representative;
(2) A description of the parties' efforts to
				resolve their differences by negotiation;
(3) A list of the narrow issues in dispute,
				with a cross-reference to the area of the agreement applicable or pertaining to
				the issues in dispute;
(4) Each
				party's proposed solution to the dispute; and
(5) Identification of the agreed upon
				facilitator.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 22 - Resolution Disputes › Section 165:55-22-5 - Formal non-expedited dispute resolution

Current through Vol. 41, No. 20, July 1, 2024
(a)
Commencement.
This procedure is a formal proceeding for dispute
				resolution and will commence when a party ("complainant") files a complaint
				with the Court Clerk of the Commission and, on the same day, delivers a copy of
				the complaint either by hand delivery, certified mail, electronic mail to the
				PUD Director, to the other party ("respondent") to the interconnection
				agreement from which the dispute arises, to the Office of General Counsel, and
				to the Office of the Attorney General.
(b)
Process.
Unless otherwise
				ordered by the arbitrator, parties shall file with the Commission's Court Clerk
				copies of pleadings. The complaint shall be in a consistent format approved by
				the PUD Director and shall include:
(1) The
				name, electronic mail address, address, and telephone number of each party to
				the interconnection agreement, and the complainant's designated
				representative;
(2) A description
				of the parties' efforts to resolve their differences by negotiation;
(3) A detailed list of the precise issues in
				dispute, with a cross-reference to the area or areas of agreement applicable or
				pertaining to the issues in dispute; and
(4) An identification of pertinent background
				facts and relevant law or rules applicable to each disputed issue.
(5) The complainant's proposed solution to
				the dispute.