North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 20 › Section 11 R20-02 - FAIR COMPETITION AMONG LOCAL TELECOMMUNICATIONS SERVICE PROVIDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For purposes of this rule, the following
				definitions shall apply:
(1) "Development"
				means a residential subdivision, office park, shopping center or other area
				with clearly defined boundaries being developed as a unified entity by one or
				more landlords or developers.
(2)
				"Electing provider" means a preferred provider that has chosen to make subloops
				available to competitors pursuant to subsections (f) and (h) of this
				rule.
(3) "Exclusive access
				provisions" are provisions of a preferred provider contract that prohibit the
				developer, manager, owner or other party controlling access to a development
				from allowing competitors of the preferred provider to enter upon the
				development premises or easements and rights-of-way appurtenant thereto, or
				provisions of a preferred provider contract that require the developer,
				manager, owner or other party controlling access to a development to impose
				restrictions or requirements on such third party access which are not imposed
				on the preferred provider and which are anticompetitive in nature.
(4) "Exclusive provisioning provisions" are
				provisions of a preferred provider contract that prohibit the developer,
				manager, owner or other party controlling access to a development from allowing
				competitors of the preferred provider to provide services in a development or
				provisions of a preferred provider contract that require the developer,
				manager, owner or other party controlling access to a development to impose
				restrictions or requirements on the provisioning of such third party service
				which are not imposed on the preferred provider and which are anticompetitive
				in nature.
(5) "Exempted provider"
				means a preferred provider that is a local exchange company and is not required
				under federal law to make subloops available to its competitors, or a preferred
				provider that is a competing local provider and would not, if it were a local
				exchange company, be required to make subloops available to its
				competitors.
(6) "Local service
				provider" includes any competing local provider, as defined in
				G.S.
				62-3(7a), and any local
				exchange company, as defined in
				G.S.
				62-3(16a).
(7) "Preferred provider" means a local
				service provider that has entered into a preferred provider contract.
(8) "Preferred provider contract" means a
				contract between a particular local service provider and the owner or developer
				of a development, giving the preferred provider special status or rights not
				available to other local service providers.
(9) "Weighted commission provisions" are
				provisions of a preferred provider contract providing for the payment of
				commissions to an owner or developer that (A) are based on the number of
				customers in the development who purchase service from the preferred provider,
				or (B) are based on a percentage of the revenues received by the preferred
				provider from customers in the development, or (C) otherwise provide a
				financial incentive for the owner or developer to exclude competitors of the
				preferred provider from the development.