reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-14 - BLES pricing parameters

Current through all regulations passed and
			 filed through July 1, 2024
(A) Rates for basic local exchange service
			 (BLES) offered by a local exchange company (LEC) are subject
			 to the tariff requirements and pricing constraints set forth in this
			 rule.
(B) BLES regulatory framework
(1) BLES can only be
			 offered by LECs pursuant to approved tariffs on file with the commission. A LEC
			 offering BLES shall maintain a complete, up-to-date tariff on file at the
			 offices of the commission at all times.
(2) The tariff for BLES shall contain all
			 rates, terms, and conditions for BLES and installation and reconnection fees
			 for BLES.
(3) The BLES pricing
			 flexibility for incumbent local exchange carriers (ILECs) set forth in this
			 rule will be applied to the monthly recurring rates for the
			 network access line component or equivalent of a single residential BLES line
			 or a primary small business BLES line.
(4) BLES is considered BLES for purposes of
			 this chapter regardless of what other a la carte services and features to which
			 a customer may subscribe.
(5) A
			 bundle or package of telecommunications services which includes telephone
			 exchange service is not subject to the pricing constraints contained in
			 paragraph (C) of this rule and section
			 4927.12 of the Revised Code and
			 may be priced at market-based rates.
(6) An ILEC offering BLES outside of its
			 traditional service area or a competitive local exchange carrier (CLEC)
			 affiliate of an ILEC offering BLES within or outside of that ILEC's traditional
			 service area shall follow all BLES rules in this chapter that are applicable to
			 CLECs offering BLES.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-15 - Directory information

Current through all regulations passed and
			 filed through July 1, 2024
A local exchange carrier providing basic local exchange
			 service shall make available to its customers a telephone directory or
			 directory information pursuant to the requirements set forth in division
			 (A)(1)(b)(vi) of section
			 4927.01(A)(1)(b)(vi)
			  of the Revised Code.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-16 - Unfair or deceptive acts and practices

Current through all
			 regulations passed and filed through July 1, 2024
[Comment: For dates of references to a
				section of either the United States Code or a regulation in the code of federal
				regulations see rule
				4901:1-6-02 of the
				Administrative Code.]
(A)
								Any communication by a telephone company, including but
			 not limited, to solicitations, offers, contract terms and conditions, or
			 customer agreements, as well as any other communications whether written or
			 oral, shall be truthful, clear, conspicuous, and accurate in:
(1)
									Disclosing
			 applicable information, including but not limited to: material terms and
			 conditions, material limitations, contract length, prices, fees, features,
			 rates, termination fees or penalties, discretionary charges, government
			 mandated charges, and estimated taxes for services offered.
(2)
									Identifying, in
			 written or printed advertising or promotional literature, any material
			 exclusions, reservations, limitations, modifications, or conditions, which
			 should be located in close proximity to the operative words in the
			 solicitation, offer, or marketing materials.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-18 - Slamming and preferred carrier freezes

Current through all
			 regulations passed and filed through July 1, 2024
[Comment: For dates of references to a section of either the
				United States Code or a regulation in the code of federal regulations, see rule
				4901:1-6-02 of the
				Administrative Code.]
(A) Providers of
			 telecommunications service, in the course of submitting or executing a change
			 on behalf of a subscriber in the selection of a telephone company, shall obtain
			 authorization from the subscriber and verification of that authorization in
			 accordance with the rules and procedures prescribed by the federal
			 communications commission (FCC) at
			 47 C.F.R.
			 64.1100 to 
								64.1190. For purposes of
			 this rule, the term "subscriber" has the same meaning as it does within the
			 context of the rules and procedures prescribed by the FCC.
(B) Any provider of
			 telecommunications service that is informed by a subscriber or the commission
			 of an unauthorized provider change shall follow the commission's informal
			 complaint procedures.
(C) The commission,
			 upon complaint by any person or its own initiative, has jurisdiction under
			 sections 4905.73 and
			 4905.26 of the Revised Code
			 concerning any violation of this rule and may order remedies as delineated
			 under the rules and procedures prescribed by the FCC and in effect at the time
			 of the violation, as well as enforce the duties and remedies provided for under
			 sections 4905.72 and
			 4905.73 of the Revised Code.
(D)
			 All telecommunications providers that offer PCFs shall be required to refrain
			 from attempting to retain a customer's account during the process of changing a
			 customer's preferred carrier selection, or otherwise to provide such
			 information to its marketing staff or any affiliate.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-20 - Discounts for persons with communications disabilities

Current
			 through all regulations passed and filed through July 1,
			 2024
(A) In accordance
			 with section 4927.14 of the Revised Code,
			 telephone companies that provide toll service will, upon
			 written application and certification of their disabled status by a residential
			 disabled customer or a disabled member of a customer's household, offer one of
			 the following applicable discounts to persons with communication disabilities:
(1) No less than a straight seventy per cent
			 discount off the basic message toll service (MTS) current price list day rates
			 on a twenty-four hour a day basis.
(2) A forty per cent discount off the
			 intrastate, interexchange, customer-dialed, station-to-station calls occurring
			 between eight a.m. and four fifty-nine p.m. Monday to Friday; a sixty per cent
			 discount off of the intrastate, interexchange, customer-dialed,
			 station-to-station calls occurring between five p.m. and ten fifty-nine p.m.
			 Sunday to Friday, and New Year's day, Independence day, Labor day,
			 Thanksgiving, and Christmas; and a seventy per cent discount off the
			 intrastate, interexchange, customer-dialed, station-to-station calls occurring
			 between eleven p.m. and seven fifty-nine a.m. any day; and eight a.m. and four
			 fifty-nine p.m. Sunday, and all day Saturday.
(3) For MTS which is offered similar to the
			 mileage-banded rate structure established in the commission's April 9, 1985
			 opinion and order in case No. 84-944-TP-COI, with the traditional day, evening,
			 and night/weekend discounts: the "evening" discount off the intrastate,
			 interexchange, customer-dialed, station-to-station calls placed during the
			 "day" period Monday to Friday; and the "night/weekend" discount off the
			 intrastate, interexchange, customer-dialed, station-to-station calls placed
			 during the "evening" period Sunday to Friday, New Year's day, Independence day,
			 Labor day, Thanksgiving, and Christmas. Furthermore, the "night/weekend"
			 discount plus an additional discount equivalent to no less than ten per cent of
			 the company's current price list day rates for basic MTS
			 will be
			 made available for intrastate, interexchange, customer-dialed,
			 station-to-station calls placed during the "night/weekend" period any day, the
			 "day" period Sunday, and all day Saturday.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-21 - Carrier's withdrawal or abandonment of basic local exchange service (BLES) or voice service

Current through all regulations passed and filed
			 through July 1, 2024
(A)
								The collaborative process established under section
			 749.10 of
			 Amended Substitute House Bill 64 of the 131st General Assembly will review the
			 number and characteristics of basic local exchange service customers, evaluate
			 what alternative reasonable and comparatively priced voice services are
			 available to residential BLES customers and the prospect of the availability of
			 a reasonable and comparatively priced voice service where none exist. This will
			 be done for the purpose of identifying any exchanges or residential BLES
			 customers with the potential to not have access to a reasonable and
			 comparatively priced voice service. For purposes of rule 4901:1-6-21 of the
			 Administrative Code, "reasonable and comparatively priced voice service" is a
			 voice service that satisfies the definition set forth in division (B)(3) of
			 section
			 4927.10
			 of the Revised Code. A voice service is presumptively deemed competitively
			 priced, subject to rebuttal, if the rate does not exceed the higher of
			 either:
(1)
									the
			 incumbent local exchange carrier's (ILEC) BLES rate by more than twenty per
			 cent; or
(2)
									the federal communications commission's (FCC)
			 reasonable comparability benchmark for voice services, which is defined as two
			 standard deviations above the urban average that is calculated by the FCC on an
			 annual basis as defined in
			 47 C.F.R.
			 54.313(a)(2).
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-22 - Inmate operator service

Current through all regulations
			 passed and filed through July 1, 2024
[Comment: For dates of references to a section of either the
				United States Code or a regulation in the code of federal regulations, see rule
				4901:1-6-02 of the
				Administrative Code.]
(A) All IOS
			 providers will, on intrastate IOS calls upon request,
			 immediately disclose to the billed party, the methods by which its rates or
			 charges for the call will be collected and the methods by which complaints
			 concerning such rates, charges or collections practices will be
			 resolved..
(B) The maximum rate of
			 any usage sensitive charge that may be applied by an IOS provider to any
			 intrastate IOS call is to be consistent with 47 C.F.R. part 64, subpart
			 FF.
(C) Notice of any change in IOS
			 rates, whether upward or downward, will be filed by the IOS provider with the commission
			 in the form of a new pricing list in the IOS provider's TRF docket.
(D) All IOS providers
			 are to
			 furnish, on all intrastate IOS calls, at the beginning of the call before the
			 billed party incurs any charges, immediate and full rate disclosures that quote
			 the actual intrastate price lists rates for all components of the call.
			 However, IOS providers may allow a billed party an opportunity to affirmatively
			 decline receiving the required rate quote.
(E) The maximum rate of any ancillary charges
			 that may be applied by an IOS provider on any intrastate IOS call
			 will be
			 consistent with 47 C.F.R. part 64, subpart FF.
(F) IOS providers are not to
			 charge for uncompleted calls.
(G)
			 Each IOS provider will include in its contract with each of its
			 customers language requiring that the customer permit the IOS provider to take
			 whatever steps are necessary to ensure that the IOS provider is in compliance
			 with all of the established requirements and restrictions pertaining to
			 IOS.
(H) Upon request, each IOS
			 provider is
			 to provide, as directed by the commission or its staff, information
			 concerning its operations.
(I) On
			 all intrastate IOS calls, the IOS provider will allow the
			 billed party to terminate at no charge before the call is connected.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-23 - Pay telephone access lines

Current through all regulations
			 passed and filed through July 1, 2024
(A) Upon request, an incumbent local exchange
			 carrier (ILEC) must provide a pay telephone access line and local usage on the
			 pay telephone access line to payphone service providers, within the ILEC's
			 normal installation intervals if it offers such
			 services to payphone service providers as provided by its tariff.
(1) The rates, terms, and conditions for pay
			 telephone access lines are to be tariffed and  filed through a thirty-day application for
			 tariff amendment (ATA) filing in accordance with rule
			 4901:1-6-05 of the
			 Administrative Code.
(2) All ILECs'
			 currently tariffed pay telephone access line rates are deemed reasonable,
			 unless the commission determines otherwise through another commission
			 proceeding.
(3) Subsequent
			 increases in rates and changes to the terms and conditions, for tariffed pay
			 telephone access lines, are to be filed through a thirty-day ATA filing in
			 accordance with rule
			 4901:1-6-05 of the
			 Administrative Code. Such applications require supporting documentation
			 including, but not limited to, documentation showing that the rate is in
			 compliance with the federal communications commission's (FCC) new services test
			 for pay telephone access lines, if applicable.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-24 - Wireless service provisions

Current through all regulations
			 passed and filed through July 1, 2024
[Comment: For dates of references to a section of either the
				United States Code or a regulation in the code of federal regulations, see rule
				4901:1-6-02 of the
				Administrative Code.]
(A) The
			 commission has authority over wireless service and wireless service providers
			 to the extent set forth in this rule and section
			 4927.03 of the Revised
			 Code.
(B) Registration
A wireless service provider can operate in
				the state of Ohio after it
									registers with the
				commission. Every wireless service provider desiring to offer wireless service
				in Ohio is
				to file a zero-day registration notice in a radio common carrier (RCC)
				filing with the commission utilizing the telecommunications filing form
				discussed in rule
				4901:1-6-04 of the
				Administrative Code and providing all of the following:
(1) The company's name.
(2) The company's address.
(3) The name of a contact person and that
			 person's contact information.
(4) A
			 service description, including the general geographic areas served (no maps are
			 required).
(5) Evidence of
			 registration with the Ohio secretary of state.
(6) Evidence of notice to the Ohio department
			 of taxation, public utilities tax division, of its intent to provide
			 service.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-25 - Withdrawal of telecommunications services

Current through all
			 regulations passed and filed through July 1, 2024
[Comment: For dates of references to a
				section of either the United States Code or a regulation in the code of federal
				regulations, see rule
				4901:1-6-02 of the
				Administrative Code.]
(A) Notice, consistent
			 with rule
			 4901:1-6-07 of the
			 Administrative Code, is to be provided to all affected customers,
			 including both retail and wholesale customers,
			 and the chief of the regulatory utility services
			 division of the rates and analysis department and the chief of the reliability
			 and service analysis division of the service monitoring and enforcement
			 department at least thirty days prior to the effective date that the telephone
			 company will cease providing a specific telecommunications service.
(B) Withdrawal of basic local exchange
			 service (BLES)
(1) A competitive local
			 exchange carrier (CLEC) may discontinue offering BLES within an exchange(s)
			 by
			 filing a zero-day notice filing (ZTA) to withdraw such service or services from
			 its tariff. Filing the actual customer notice
			 and an affidavit verifying that this customer notice has been provided to
			 affected customers at least thirty days prior to the effective date that the
			 CLEC will cease providing BLES is to be included with
			 the notice.
(2) A CLEC
			 ceasing to offer BLES will return all
			 deposits, including applicable interest, to its customers who do not convert to
			 another service with the CLEC, no later than ninety days after filing its
			 withdrawal notice filing unless a court of competent jurisdiction orders
			 otherwise.
(3) At least thirty days
			 prior to withdrawal of BLES, a CLEC is to provide
			 written notice of its intent to cease providing service, to any telephone
			 company from which the applicant obtains wholesale services, if
			 applicable.
(4) An incumbent local
			 exchange carrier may discontinue providing BLES
			 only if
			 it
									complies with the provisions of rule
			 4901:1-6-21 or 4901:1-6-27 of the Administrative
			 Code.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-26 - Abandonment

Current through all regulations passed and filed through July 1,
			 2024
(A) A telephone
			 company seeking to abandon entirely telecommunications service in this state,
			 including its tariff and certificate of public convenience and necessity,
			 may
			 only abandon the service(s) it provides under a certificate
			 by
			 filing an abandonment application (ABN) to abandon service and to cancel its
			 certificate of operation.
(B)
			 Abandonment applications are to be filed at least thirty days prior to the
			 effective date that the telephone company will cease providing service. The
			 application is
			 to include the following:
(1) copies of any notices provided pursuant
			 to paragraphs (C) to (D) of this rule,
(2) an affidavit
			 verifying that the customer notice was provided to affected customers, and
(3)
									 the list pursuant to paragraph (J) of this
			 rule.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-27 - Carrier of last resort (COLR)

Current through all regulations
			 passed and filed through July 1, 2024
(A) Except as otherwise provided in this
			 rule, or rule
			 4901:1-6-21 of the
			 Administrative Code, an incumbent local exchange carrier (ILEC) shall
			 provide basic local exchange service (BLES) to all persons or entities in its
			 service area requesting that service on a reasonable and nondiscriminatory
			 basis.
(B) An ILEC is not obligated
			 to construct facilities and provide BLES, or any other telecommunications
			 service, to the occupants of multitenant real estate, including, but not
			 limited to, apartments, condominiums, subdivisions, office buildings, or office
			 parks, if the owner, operator, or developer of the multitenant real estate does
			 any of the following to the benefit of any other provider of telecommunications
			 service:
(1) Permits only one provider of
			 telecommunications service to install its facilities or equipment during the
			 construction or development phase of the multitenant real estate;
(2) Accepts or agrees to accept incentives or
			 rewards that are offered by a provider of telecommunications service to the
			 owner, operator, developer, or occupants of the multitenant real estate and are
			 contingent on the provision of telecommunications service by that provider to
			 the occupants, to the exclusion of services provided by other providers of
			 telecommunications service; or
(3)
			 Collects from the occupants of the multitenant real estate any charges for the
			 provision of telecommunications service to the occupants, including charges
			 collected through rents, fees, or dues.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-28 - Bankruptcy

Current through all regulations passed and filed through July 1,
			 2024
[Comment: For dates of references to a section of either the
				United States Code or a regulation in the code of federal regulations, see rule
				4901:1-6-02 of the
				Administrative Code.]
A telephone company seeking bankruptcy protection from any
				jurisdiction under Chapter 7 or 11 of the United States bankruptcy code shall
				notify the commission by serving notice of the bankruptcy filing on the chief
				of the regulatory utilities services division of the
				rates and
				analysis department. The notification shall include a copy of any and all
				notices or pleadings filed in the bankruptcy court, specifically setting forth
				the date and type of bankruptcy, the name and address of the bankruptcy court,
				the name and address of the bankruptcy attorney, and the name and address of a
				person at the company who can provide additional information regarding Ohio
				customers.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-29 - Telephone company procedures for notifying the commission of changes in operations

Current through all regulations passed and
			 filed through July 1, 2024
[Comment: For dates of references to a section of either the
				United States Code or a regulation in the code of federal regulations, see rule
				4901:1-6-02 of
				the Administrative Code.]
(A) Every
			 telephone company shall update its certification authority if there is any
			 change in its operations as identified in this rule.
(B) Procedures for notifying the commission
			 of updates to certification authority and certain changes in operations by a
			 local exchange carrier (LEC) providing basic local exchange service (BLES).
(1) A LEC providing BLES shall file a
			 telecommunications filing form pursuant to paragraph (A) of rule
			 4901:1-6-04
			 of the Administrative Code and the required attachments as set forth on that
			 form for an application notifying the commission of the following changes in
			 its operations in the appropriate application listed in this paragraph:
(a) ATC - An application to transfer a
			 certificate to a preselected transferee.
(b) ATR - An application to conduct a
			 transaction involving one or more LECs providing BLES for the purchase, sale,
			 or lease of property, plant, or business which may affect the operating
			 authority of a party to the transaction.
(c) ACN - An application to change the name
			 of a LEC providing BLES.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-30 - Company records and complaint procedures

Current through all
			 regulations passed and filed through July 1, 2024
(A)
								In accordance
			 with this chapter and the rules and procedures prescribed by the federal
			 communications commission.
(1)
									A telephone company shall retain for eighteen months,
			 unless otherwise specified by the commission, sufficient books, records,
			 contracts, documents and papers for auditing or inspection by commission
			 staff.
(2)
									Upon commission staff request, the telephone company
			 should provide such records of sufficient detail, to permit review of the
			 telephone company's compliance with the rules of this chapter. Upon request,
			 the telephone company will provide data or information in a format agreed upon
			 by the commission staff.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-31 - Emergency and outage operations

Current through all regulations
			 passed and filed through July 1, 2024
[Comment: For dates of references to a section of either the
				United States Code or a regulation in the code of federal regulations, see rule
				4901:1-6-02 of the
				Administrative Code.]
(A) Each
			 facilities-based local exchange carrier (LEC) should design,
			 operate, and maintain its facilities to continue to provide customers with the
			 ability to originate and receive calls at all times. The commission will
			 utilize existing FCC rules applicable to emergency and outage operations.
			 Companies will submit outage reports utilizing, at the company's
			 discretion, either existing FCC reports or a format determined by the
			 commission.
(B) Each
			 facilities-based LEC should submit, within two hours of discovery, to the
			 commission's outage coordinator and when appropriate, the news media in the
			 affected area, a notification that it has experienced an outage, whenever that
			 outage occurs on any facility that it owns, operates, leases or otherwise
			 utilizes and is both:
(1) Expected to last for
			 a period in excess of thirty minutes.
(2) Potentially affects at least nine hundred
			 thousand user minutes in the incumbent local calling area.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-32 - Boundary changes, and administration of borderline boundaries

Current through all regulations passed and filed through July 1,
			 2024
This rule applies to all incumbent local exchange carriers
				(ILECs).
(A)
								
			 Commission-maintained telephone exchange boundary maps
			 will  be
			 the official source/documentation of ILEC service areas and
			 boundaries.
(B) Whenever an ILEC
			 proposes to change the boundary of an exchange area, the ILEC
			 will
			 file an application seeking to change the boundary. Whenever the exchange area
			 involves the exchange area of two or more ILECs, the application
			 will be
			 filed jointly by the companies involved.
(C) Such application to change boundaries
			 (ACB) is subject to a fourteen-day automatic approval procedure. An ILEC
			 application submitted for approval includes:
(1) A description of the change being made to
			 the boundary. The company will work with staff to ensure that the commission's
			 maps reflect accurately the boundary changes, using  the telephone
			 boundary  maps as found on the
			 commission's website as a basis for the boundary change.
(2) The reasons for making the change, and
			 one of the following:
(a) A statement explaining the effect of the
			 change, if any, on existing BLES subscribers.
(b) A statement attesting that the change
			 does not adversely affect the service being furnished to any existing BLES
			 subscriber.
(c) A statement
			 attesting that each existing BLES subscriber whose service is adversely
			 affected has consented to the change
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-33 - Excess construction charges applicable to certain line extensions for the furnishing of local exchange telephone service

Current through
			 all regulations passed and filed through July 1, 2024
(A)
								 An incumbent
			 local exchange carrier (ILEC) shall provide basic local exchange service (BLES)
			 in its traditional service area to all persons or entities in its service area
			 requesting that service except as otherwise provided in section
			 4927.11 of the Revised
			 Code.
(B)
								 Where no facilities are available and where an ILEC
			 must construct permanent facilities on public rights-of-way in order to furnish
			 service to an applicant or applicants for service in its traditional service
			 area, the ILEC may require the applicant to pay excess construction charges in
			 accordance with commission-approved tariffs. A credit against the cost of
			 excess construction charges may be given where an applicant performs the labor
			 of digging holes, or trimming or removing trees in the right-of-way in
			 accordance with the ILEC's specifications. Where more than one applicant is to
			 be furnished service along the same route, the applicants as a group may be
			 required to share proportionately the excess construction charges.
(C)
								 An
			 ILEC may not charge an applicant for any excess construction charges for BLES
			 unless provisions for such charges are set forth in the company's tariff and
			 approved by the commission.
Effective:
				1/20/2011
R.C. 119.032 review dates:
				11/30/2015
Promulgated
				Under: 111.15
Statutory Authority: 4901.13, 4927.03
Rule
				Amplifies: 4927.03
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-34 - Filing of contracts, agreements, or arrangements entered into between telephone companies

Current through all regulations passed and
			 filed through July 1, 2024
When necessary for the commission to
				carry out sections 4927.01 to
				4927.21 of the Revised Code, and
				only as required by the commission, a telephone company shall file with the
				commission a copy of any contract, agreement, or arrangement, in writing, with
				any other public utility relating in any way to the construction, maintenance,
				or use of its plant or property, or to any service, rate, or charge.
Effective:
				1/20/2011
R.C. 119.032 review dates:
				11/30/2015
Promulgated
				Under: 111.15
Statutory Authority: 4901.13, 4927.03
Rule
				Amplifies: 4905.16, 4927.03
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-35 - Filing of reports by telephone companies subject to the federal communications commission

Current through all regulations passed and
			 filed through July 1, 2024
[Comment: For dates of references to a section of either the
				United States Code or a regulation in the code of federal regulations, see rule
				4901:1-6-02 of the
				Administrative Code.]
Upon request, each telephone company operating within the state
				of Ohio should submit to the director of the utilities
				department of the commission or the director's designee a copy of any reports
				filed with the federal communications commission pursuant to
				47 C.F.R.
				43.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-37 - Assessments and annual reports

Current through all regulations
			 passed and filed through July 1, 2024
(A) Every telephone company or competitive
			 eligible telecommunications carrier (CETC) and wireless service provider
			 are to
			 file the annual report for fiscal assessment, consistent with section
			 4905.10 of the Revised Code,
			 and as required by the commission and in the format prescribed by
			 commission entry.
(B) In
			 addition to the information necessary for the commission to calculate the
			 assessment provided for in section
			 4905.10 of the Revised Code,
			 telephone companies subject to section
			 4905.71 of the Revised Code
			 are to
			 provide in their annual report for fiscal assessment information required by
			 the commission to calculate pole attachment and conduit occupancy rates in a
			 manner consistent with requirements of Chapter 4901:1-3 of the Administrative
			 Code, and any other information the commission determines necessary to fulfill
			 its responsibility under section
			 4905.71 of the Revised Code.
			 This information shall be provided in the format prescribed in the commission's
			 annual reporting form for telephone companies.
(C) All wireless resellers of lifeline
			 service not presently assessed a fee for the commission's support
			 will be
			 assessed an annual fee to be determined by the commission.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-7 - Local Exchange Carriers › Section 4901:1-7-01 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
[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.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-7 - Local Exchange Carriers › Section 4901:1-7-02 - General applicability

Current through all regulations passed
			 and filed through July 1, 2024
[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.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-7 - Local Exchange Carriers › Section 4901:1-7-05 - Rural carrier suspensions and modifications

Current through
			 all regulations passed and filed through July 1, 2024
[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.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-7 - Local Exchange Carriers › Section 4901:1-7-07 - Establishment of interconnection agreements

Current through all
			 regulations passed and filed through July 1, 2024
[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.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-7 - Local Exchange Carriers › Section 4901:1-7-09 - Arbitration of 47 U.S.C. 252 interconnection agreements

Current
			 through all regulations passed and filed through July 1,
			 2024
[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.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-7 - Local Exchange Carriers › Section 4901:1-7-10 - Mediation for carrier-to-carrier disputes

Current through all
			 regulations passed and filed through July 1, 2024
(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.
Five Year Review (FYR) Dates:
				07/14/2017 and
				07/14/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 4901.13,
				4927.03
Rule
				Amplifies: 4901.13,
				4927.04
Prior
				Effective Dates: 11/30/2007, 3/2/2013
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-7 - Local Exchange Carriers › Section 4901:1-7-11 - Collocation

Current through all regulations passed and filed through July 1,
			 2024
[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.
Effective: 10/27/2017
Five Year
				Review (FYR) Dates: 8/11/2017 and
				07/14/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 4927.03,
				4901.13
Rule
				Amplifies: 4901.13,
				4927.04
Prior
				Effective Dates: 11/30/2007, 3/2/2013
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-7 - Local Exchange Carriers › Section 4901:1-7-12 - Compensation for the transport and termination of non-access telecommunications traffic

Current through all regulations passed and
			 filed through July 1, 2024
[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.