Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 1 - General Provisions › Section 165:55-1-4 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise. These definitions shall be supplemented by the definitions contained
				  in 17 O.S. §
									139.102.
				  To the extent there is a conflict between a definition contained in 17 O.S.
				  §
									139.102
				  and a definition in this Section, the definition in this Section shall be
				  applicable to this Chapter:
"Access service"
means any tariffed wholesale
				  service provided by one LEC to another LEC, CLEC, interexchange carrier
				  certificated by the Commission or an end-user that allows for access to the
				  local exchange telecommunications network, excluding local interconnection
				  arrangements.
"Applicant for telecommunications service"
means
				  any person, partnership, cooperative corporation, corporation, or lawful entity
				  requesting service(s) from a telecommunications service provider.
"Authorized carrier"
means any
				  telecommunications carrier that submits a change, on behalf of an end-user, in
				  the end-user's selection of a provider of telecommunications service with the
				  end-user's authorization verified in accordance with the procedures specified
				  in this Chapter.
"Base rate area"
means the developed area within
				  each exchange service area designated in the tariffs of the telephone company
				  or if not so designated, an area within one-half (1/2) mile radius of the
				  serving central office.
"Basic local service"
means all residential and
				  business telecommunications voice and/or relay service which meets the
				  standards set forth in
				  165:55-13-10,
				  including lines beyond the first line into a residence or business.
"Billing agent"
means an entity which provides
				  bills to an end-user for services received from a telecommunications service
				  provider.
"Billing and collection service"
means the
				  wholesale service provided by a TSP or IXC for the processing and delivery of
				  customer bills, on behalf of a third party.
"Bona Fide Request"
means a written request
				  delivered to a telecommunications service provider requesting services and
				  interconnection provided for in this Chapter.
"CIC"
means carrier identification code which
				  identifies a provider of toll services by a three- or four-digit number.
"Campus"
means multiple buildings located on a
				  single tract or area of land or on adjacent and abutting tracts of land where
				  all the buildings and land are subject to majority ownership by the same
				  person. A campus may be intersected or traversed by public thoroughfares
				  provided that the segments created would be continuous in the absence of the
				  thoroughfare. A tract or tracts of land used for farming and/or ranching shall
				  not be considered a "campus."
"Carrier of last resort"
means a
				  telecommunications service provider as designated by the Commission pursuant to
				  OAC
				  165:55-13-12.
"Central office"
means an operating unit of a
				  telecommunications service provider by which connections are established
				  between end-users' lines and between end-users' lines and trunks or toll
				  lines.
"Circuit"
or
"Channel"
means one
				  communication path between two (2) or more points suitable for transmitting
				  information.
"Class of service"
or
"Customer
				  class"
means a description of service furnished to an end-user in terms
				  of type of rate, location, and use.
"CLEC"
means a Competitive Local Exchange
				  Carrier.
"Clear and conspicuous"
means notice that would
				  be apparent to the reasonable consumer.
"Competitive Provider"
means an entity providing
				  the same or equivalent services through the use of its own or leased facilities
				  including resellers. The service must satisfy the Commission's rules of minimum
				  service standards regardless of whether the provider is regulated by the
				  Commission.
"Competitive service"
means a telecommunications
				  service determined by the Commission to be subject to effective competition for
				  a relative geographic and service(s) market, after notice and hearing.
"Competitive Test"
means an evaluation by the
				  Commission to determine after notice and hearing, for a particular service on
				  an exchange by exchange basis, the existence of competition among an ILEC, a
				  non-affiliated facilities based Competitive Provider, and one (1) other
				  non-affiliated Competitive Provider. Such exchanges shall be the same as those
				  on file with the Commission on the date of approval of the Transition
				  Plan.
"Cramming"
means the placement of unauthorized,
				  misleading, or deceptive charges on a customer's telephone bill for products or
				  services that were never ordered by the customer.
"CSD"
means the Consumer Service Division of the
				  Public Utility Division of the Oklahoma Corporation Commission.
"Customer"
means any person, firm, partnership,
				  cooperative corporation, corporation, or lawful entity that receives regulated
				  telecommunications services supplied by any telecommunications service provider
				  or IXC.
"Customer trouble report"
means any oral or
				  written report given to a telecommunications service provider's repair service
				  by an end-user of telephone services relating to a physical defect or
				  difficulty or dissatisfaction with the provision of the telecommunications
				  service provider's regulated services. Each trouble report shall count as a
				  separate report regardless of whether subsequent reports relate to the same
				  physical defect, difficulty, or dissatisfaction with the provision of the
				  telecommunications service provider's regulated services.
"Data-only provider"
means a company exclusively
				  providing non-voice services, to include Special Universal Services as defined
				  at 17 O.S. §
									139.102(39),
				  which, pursuant to OAC
				  165:55-3-1,
				  has obtained a Certificate of Convenience and Necessity.
"Demarcation point"
means the physical location
				  at which responsibility for operating and maintaining facilities passes from
				  one person to another.
"Deniable charge"
means a charge for those
				  regulated services for which nonpayment may result in a disconnection of basic
				  local service.
"Dialing parity"
means that a person that is not
				  an affiliate of a telecommunications service provider is able to provide
				  telecommunications services in such a manner that end-users have the ability to
				  route automatically, without the use of any access code, their
				  telecommunications to the telecommunications service provider of the end-user's
				  designation from among two (2) or more telecommunications service
				  providers.
"Directory"
means the published listing of all
				  telephone numbers, other than those requested by the end-user not to be
				  published, for all end-users in a service area regardless of the local exchange
				  telecommunications service provider selected by the end-user.
"Disconnection of service"
means an arrangement
				  made by the end-user or TSP for permanently discontinuing service by
				  terminating the contract and/or removing the telephone service from the
				  end-user's premises.
"Eligible Telecommunications Carrier" ("ETC")
means a common carrier designated by the Commission pursuant to OAC
				  165:55-23-2 and
				  47 U.S.C. §§
										254 and
				  214(e).
				  ETC also means a Lifeline Broadband Provider designated by the Federal
				  Communications Commission.
"End-user"
means the customer to whom a
				  telephone number is assigned.
"Executing carrier"
means any telecommunications
				  carrier that effects a request that an end-user's telecommunications carrier be
				  changed. A carrier may be treated as an executing carrier, however, if it is
				  responsible for any unreasonable delays in the execution of carrier changes or
				  for the execution of unauthorized carrier changes, including fraudulent
				  authorizations.
"Facilities-based provider"
means an entity
				  providing telecommunications services predominately through the use of its own
				  facilities, including UNEs, and other technologies capable of meeting all local
				  telecommunications service requirements while complying with the Commission's
				  quality of service rules.
"FCC"
means the Federal Communication
				  Commission.
"Filed"
means to present a document to and have
				  it accepted by the Office of the Court Clerk of the Oklahoma Corporation
				  Commission.
"ILEC"
means an Incumbent Local Exchange
				  Company.
"Individual Case Basis" ("ICB")
means a
				  condition, pursuant to the provisions of the tariff, in which the rates and
				  charges for an offering are developed based on the circumstances of each
				  customer.
"Initial Tariffs"
means the first tariffs
				  approved after, or in conjunction with, the granting of a Certificate of
				  Convenience and Necessity.
"Interexchange telecommunications service"
means
				  telecommunications service provided between locations within different
				  certified telephone exchange service areas.
"Inter LATA call"
means any call which is
				  originated in one LATA and terminated in another LATA.
"Interstate call"
means any call which is
				  originated in one state and terminated within the boundaries of another
				  state.
"Intra LATA call"
means any call which is
				  originated and terminated within the boundaries of the same LATA, regardless of
				  whether such call crosses LATA boundaries prior to reaching its termination
				  point.
"Internet Subscriber Fee"
means any fee that is
				  paid to a telecommunications service provider for Internet service that is in
				  addition to the access connection charge.
"Intrastate call"
means any call which is
				  originated and terminated within the boundaries of the State of Oklahoma,
				  regardless of whether such call crosses state boundaries prior to reaching its
				  termination point.
"LATA"
means Local Access and Transport Area as
				  defined in the Code of Federal Regulations, Title 47 Part 53.3.
"Less than Minimum Service Provider"
means a
				  CLEC which offers local exchange service that does not meet all minimum service
				  standards, as set forth in OAC
				  165:55-13-10.
"Letter of Agency" ("LOA")
means the written
				  authorization that gives permission to change the customer's telecommunications
				  services and/or the customer's provider or to share that customer's network
				  information with representatives or associates of the telecommunication company
				  or telecommunications carrier.
"Local interconnection arrangements"
means a
				  contract for interconnection, including resale, as governed by section
				  251
				  of the Communications Act of 1934 (
				  47 U.S.C. §
										251 ), as amended, the Federal Communication
				  Commission rules and the rules of the Commission.
"Local operator services"
means the automatic or
				  live assistance provided to a customer, which enables the customer to arrange
				  for billing or completion of a local call. Local operator services may include,
				  but are not limited to, line status verification, busy line verification,
				  emergency interrupt, and calls to emergency numbers (e.g., 911).
"Long run incremental cost" ("LRIC")
means the
				  long run forward-looking additional cost caused by providing all
				  volume-sensitive and volume-insensitive inputs required to provide the total
				  demand associated with a service or network element offered as a service, using
				  economically efficient current technology efficiently deployed. LRIC also
				  equals the cost avoided, in the long run, when a service or network element
				  offered as a service is no longer produced. LRIC excludes costs directly and
				  solely attributable to the production of other services or network elements
				  offered as services, and unattributable costs which are incurred in common for
				  all the services supplied by the firm. The long run means a period long enough
				  so that the cost estimates are based on the assumption that all inputs are
				  variable.
"Network element"
means a facility or equipment
				  used in the provision of a telecommunications service. Such term also includes
				  features, functions and capabilities that are provided by means of such
				  facility or equipment, including end-user numbers, databases, signaling systems
				  and information sufficient for billing and collection or used in the
				  transmission, routing or other provision of a telecommunications
				  service.
"Network interface"
means the normal demarcation
				  point separating the telecommunications service provider's regulated facilities
				  and equipment from the unregulated facilities, equipment, or systems provided
				  by the end-user. The provision of the network interface is the responsibility
				  of the telecommunications service provider.
"New service provider"
means a service provider
				  that did not bill the end-user for service during the service provider's last
				  billing cycle. This definition excludes service providers which bill the
				  customer solely on a per transaction basis.
"New services"
means any service(s), except
				  access services or interconnection services, for which a rate element does not
				  presently exist, which does not replace an existing service, and that enlarges
				  the range of service options available to end-users.
"Nonbasic service"
means any telecommunication
				  service not included in basic local service, local interconnection arrangements
				  and/or access service.
"Non-deniable charge"
means a charge for those
				  not-regulated services for which nonpayment shall not result in a disconnection
				  of basic, local service.
"Not-regulated service"
or
"Non-regulated
				  service"
means the offering of service(s) where the rates and/or terms
				  and conditions for such service(s) are not-regulated by the Commission. These
				  would include any interstate services offered FCC tariffs or rules, and any
				  taxes, fees and surcharges applicable to those services, as well as any
				  intrastate services that are not regulated by the Commission.
"Number Portability"
means the ability of
				  end-users of telecommunications services to retain, within the same wire
				  center, their existing telecommunications number without impairment of quality,
				  reliability or convenience when switching from one telecommunications service
				  provider to another.
"Packaging"
means the sale of two or more
				  services offered by or in conjunction with the services of a TSP to a customer
				  of a TSP for a single price.
"Rates"
means all charges assessed by a TSP or
				  IXC.
"Regulated telecommunications service"
means the
				  offering of telecommunications service(s) directly to the public where the
				  rates and/or terms and conditions for such service(s) are regulated by the
				  Commission. These would include services offered from intrastate tariffs
				  approved by the Commission including any taxes, fees and surcharges applicable
				  to those services, and interstate services when the Commission is enforcing the
				  FCC slamming rules.
"Rural telephone company"
means a LEC to the
				  extent that such entity:
(A) Provides telecommunications service to any local exchange
				  study area that does not include either:
(i) Any incorporated place of 10,000 inhabitants or more, or
				  any part thereof, based on the most recently available population statistics of
				  the U.S. Bureau of Census; or,
(ii) Any territory, incorporated or unincorporated, included
				  in an urbanized area, as defined by the U.S. Bureau of Census as of August 10,
				  1993.
(B) Provides local exchange service, including exchange
				  access, to fewer than 50,000 access lines;
(C) Provides local exchange service to any local exchange
				  carrier study area with fewer than 100,000 access lines; or,
(D) Has less than fifteen percent (15%) of its access lines
				  in communities of more than 50,000 on the date of enactment of the Federal
				  Telecommunications Act of 1996.
"RUS"
means the Rural Utility Services.
"Service"
means the offering of
				  telecommunications for a fee directly to the public, or to such classes of
				  users as to be effectively available directly to the public, regardless of the
				  facilities used. Service shall not include the provision of
				  nontelecommunications services, including but not limited to the printing,
				  distribution, or sale of advertising in telephone directories, maintenance of
				  inside wire, customer premises equipment and billing and collection, nor does
				  it include the provision of mobile telephone service, enhanced services and
				  other not-regulated services.
"Service interruption"
means service outage,
				  total failure, or complete loss of service due to a trouble condition in the
				  facilities of a telecommunications service provider.
"Service provider"
means any entity that offers
				  a product or service to a customer, the charge for which appears on the bill of
				  the billing agent. This definition shall include only providers that have
				  continuing relationships with the end-user that will result in periodic charges
				  on the end-user's bill, unless the service is subsequently canceled.
"Service territory"
means a geographic area
				  served by a telecommunications service provider.
"Slamming"
means the unauthorized switching of
				  an end-user's telecommunications service provider or presubscribed IXC.
"Submit"
means to present a document to the
				  Director of the Public Utility Division.
"Submitting carrier"
means any
				  telecommunications carrier that requests on the behalf of an end-user that the
				  end-user's telecommunications carrier be changed and seeks to provide retail
				  services to the end-user. A carrier may be treated as a submitting carrier,
				  however, if it is responsible for any unreasonable delays in the submission of
				  carrier change requests or for the submission of unauthorized carrier change
				  requests, including fraudulent authorizations.
"Supported Services"
means services identified
				  in 47 CFR part 54, or OAC 165:59, as amended from time to time, for which an
				  ETC receives support from the federal USF, OUSF or OLF, or as otherwise may be
				  ordered by the Commission.
"Suspension of service"
means an arrangement
				  made at the initiative of the TSP for temporarily discontinuing service without
				  terminating the contract or removing the telephone service from the customer's
				  premises.
"SWBT"
means Southwestern Bell Telephone Company
				  d/b/a AT&T Oklahoma.
"Tariff"
means all or any part of the body of
				  rates, tolls, charges, classifications, and terms and conditions of service
				  relating to regulated services offered, the conditions under which offered and
				  the charges therefore, which have been filed with and approved by the
				  Commission.
"Telecommunications carrier or Company"
means a
				  telecommunications service provider ("TSP") or an interexchange
				  telecommunications carrier ("IXC").
"Telecommunications service provider" ("TSP")
means all authorized providers of local exchange service, whether an incumbent
				  LEC or a competitive LEC.
"Telephone bill"
means a billing agent's
				  invoice, issued in compliance with this Chapter, for products or services
				  rendered by itself and by a service provider(s), if any.
"Telephone company"
or
"Company"
means any person, firm, partnership, corporation, or other entity engaged in
				  furnishing regulated local exchange telephone services under the jurisdiction
				  of the Commission on July 1, 1995, pursuant to a Certificate of Convenience and
				  Necessity or grandfathered authority.
"Terms of Service"
means rates, charges and
				  terms and conditions for regulated services that a TSP or IXC elects to post,
				  in a searchable format, on a publicly availability website.
"Tribal Land"
means any federally recognized
				  Indian tribe's reservation, Pueblo, or Colony, including former reservations in
				  Oklahoma, Alaska Native regions established pursuant to the Alaska Native
				  Claims Settlement Act (85 Stat. 688), Indian allotments; Hawaiian Home
				  Lands-areas held in trust for Native Hawaiians by the state of Hawaii, pursuant
				  to the Hawaiian Homes Commission Act, 1920 July 9, 1921, 42 Stat. 108, et.
				  seq., as amended; and any land designated as such by the Commission for
				  purposes of this subpart pursuant to the designation process in
				  47 CFR §
										54.412.
"Unauthorized carrier"
means any
				  telecommunications carrier that submits a change, on behalf of an end-user, in
				  the end-user's selection of a provider of telecommunications service but fails
				  to obtain the end-user's authorization verified in accordance with the
				  procedures specified in this Chapter.
"Unauthorized change"
means a change in an
				  end-user's selection of a provider of telecommunications service that was made
				  without authorization verified in accordance with the verification procedures
				  specified in this Chapter.
"Unbundled network element" ("UNE")
means a
				  component of the ILEC's telecommunications network utilized to provide
				  telecommunications services.
"Unbundling"
means to provide to any
				  telecommunications service provider nondiscriminatory access to network
				  elements on an unbundled basis at any technically feasible point on rates,
				  terms and conditions that are just, reasonable and nondiscriminatory.
"Unfilled application"
means a firm application
				  by an end-user for new service or a different class of service which has not
				  yet been accomplished.
"Wireless Provider"
means provider of radio
				  communication service carried on between mobile stations or receivers and land
				  stations, and by mobile stations communicating among themselves and which
				  permits a user generally to receive a call that originates and/or terminates on
				  the public switched network or its functional equivalent, regardless of the
				  radio frequencies used.
"Zone"
means a service territory described as
				  such by an incumbent LEC.
Amended at 10 Ok Reg 2651, eff 6-25-93 ; Amended at 13 Ok
					 Reg 2437, eff 7-1-96 ; Amended at 14 Ok Reg 2847, eff 7-15-97 ; Amended at 15
					 Ok Reg 3054, eff 7-15-98 ; Amended at 16 Ok Reg 2261, eff 7-1-99 ; Amended at
					 17 Ok Reg 306, eff 11-2-99 (emergency) ; Amended at 17 Ok Reg 1043, eff 5-11-00
					 ; Amended at 18 Ok Reg 2415, eff 7-1-01 ; Amended at 19 Ok Reg 1985, eff 7-1-02
					 ; Amended at 20 Ok Reg 2301, eff 7-15-03 ; Amended at 21 Ok Reg 2101, eff
					 7-1-04 ; Amended at 22 Ok Reg 712, eff 7-1-05 ; Amended at 29 Ok Reg 1549, eff
					 7-12-12 ; Amended at 30 Ok Reg 1565, eff
					 7-11-13