reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 414 - BAD CHECK CHARGES AND LATE PAYMENT CHARGES › Section 20VAC5-414-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Bad check charge" means a service charge imposed for a check
				  received in payment of a customer's account, which check is lawfully dishonored
				  by the payor bank.
"Commission" means the State Corporation Commission.
"Customer" means any person, firm, partnership, corporation,
				  or lawful entity that purchases local exchange telecommunications
				  services.
"Late payment charge" means a fee assessed against any
				  customer charges not timely paid.
"Local exchange carrier (LEC)" means a provider, certificated
				  pursuant to Chapter 10.1 (§ 56-265.1 et seq.) of Title 56 of the Code of
				  Virginia, offering local exchange services.
Statutory Authority
§ 12.1-13 of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 414 - BAD CHECK CHARGES AND LATE PAYMENT CHARGES › Section 20VAC5-414-30 - Bad check charge

Current through Register Vol. 40, No. 24, July 15, 2024
A LEC's bad check charge shall be governed by this section
				  notwithstanding
				  20VAC5-10-10. A LEC may impose and
				  collect a charge for every check received in payment of a customer's account,
				  which check is lawfully dishonored by the payor bank. Provided, however, the
				  charge shall be uniformly applied to all customers of the LEC, but in no event
				  shall the individual charge exceed $30.
Statutory Authority
§ 12.1-13 of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 414 - BAD CHECK CHARGES AND LATE PAYMENT CHARGES › Section 20VAC5-414-50 - Late payment charge

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				LEC's late payment charge shall be governed by this section notwithstanding
				20VAC5-10-10.
B. A LEC may assess a late payment charge for
				any charges not timely paid by the customer.
C. Calculation of the late payment charge
				shall be as follows:
1. A LEC may assess a
				late payment charge of one and one-half percent per month.
2. Appropriate calculation of the late
				payment charge shall be made at the time of each successive, usual billing
				date.
3. The amount of any late
				payment charge shall be included as a separately identified line item upon the
				current bill.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 414 - BAD CHECK CHARGES AND LATE PAYMENT CHARGES › Section 20VAC5-414-70 - Commission authority

Current through Register Vol. 40, No. 24, July 15, 2024
The commission may, at its discretion, grant exceptions to
				  any provision of this chapter.
Statutory Authority
§ 12.1-13 of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 417 - RULES GOVERNING THE CERTIFICATION AND REGULATION OF COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 20VAC5-417-20 - Application requirements for certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. An original and 15 copies of an
				application for a certificate of public convenience and necessity shall be
				filed with the Clerk of the Commission.
1. The
				applicant shall deliver a copy of the application to the Division of
				Communications at the same time it is filed with the Clerk of the
				Commission.
2. A copy of all
				confidential information filed under seal with the Clerk of the Commission in
				connection with the application shall be provided by the applicant, at the time
				of filing, to the Division of Communications and the Office of General Counsel
				pursuant to
				5VAC5-20-170.
3. Any amendment or supplement to the
				application shall be filed in compliance with this section.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 417 - RULES GOVERNING THE CERTIFICATION AND REGULATION OF COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 20VAC5-417-40 - MLEC requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
				MLEC that is a city, town, or county shall file data annually with the Division
				of Communications to demonstrate that, in the aggregate, revenues associated
				with intrastate telecommunications services cover the incremental and any
				required imputed or allocated costs of providing such telecommunications
				services except in circumstances where permitted by § 56-265.4:4B 3 of the Code
				of Virginia. The first filing shall be 60 days after the end of the city, town,
				or county's calendar or fiscal year during which the city, town, or county
				began providing intrastate telecommunications services and shall continue
				annually thereafter.
B. An MLEC
				that is a city, town, or county shall maintain incremental cost studies for
				each service offered demonstrating that the associated charges:
(i) do not include any subsidies, unless
				approved by the commission; and
(ii) take into account, by imputation or
				allocation, equivalent charges for all taxes, pole rentals, rights-of-way,
				licenses, and similar costs incurred by for-profit providers. The applicable
				study or studies shall be filed with the commission and the Division of
				Communications within 30 days of a complaint alleging that an individual local
				exchange service offering or offerings of a city, town, or county fails to
				comply with these requirements.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 417 - RULES GOVERNING THE CERTIFICATION AND REGULATION OF COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 20VAC5-417-50 - Regulation of new entrants providing local exchange telecommunications services

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Tariffs are permitted but not required for any or all terms, conditions, or
				rates of a new entrant's retail local exchange telecommunications service
				offerings. Unless otherwise allowed by the commission, tariffs are required for
				nonretail telecommunications services, such as switched access charges.
1. A new entrant electing not to tariff any
				or all of its retail service or services shall provide customers with access to
				adequate and complete information regarding the applicable terms, conditions,
				and rates of its nontariffed retail service or services. The form of such
				information is not limited to, but may be provided through, individual
				contracts, online website access to service guides, or other user documents. A
				new entrant shall provide the Division of Communications with link information
				to any online website information.
2. A new entrant shall advise the Division of
				Communications in writing if it elects not to submit tariffs for any of its
				retail services. The notification shall include the extent of the nontariffing,
				i.e., whether all retail services will not be tariffed or only some services or
				some terms, conditions, or rates will not be tariffed.
3. A new entrant that has tariffs on file
				with the Division of Communications may elect to eliminate the tariff of any or
				all terms, conditions, or rates of its retail services as an administrative or
				nonprice tariff change as prescribed by subdivision F 4 of this
				section.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 417 - RULES GOVERNING THE CERTIFICATION AND REGULATION OF COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 20VAC5-417-60 - Reporting requirements for new entrants

Current through Register Vol. 40, No. 24, July 15, 2024
A. A new entrant shall provide the name,
				address, telephone number, fax number, and e-mail address of the person
				designated to receive all official mailings or notices from the Divisions of
				Communications and Public Service Taxation. Updates to this information shall
				be provided to each division within 30 days of any change.
B. A new entrant shall comply with the
				following economic reporting requirements:
1.
				At a minimum annually, or as deemed necessary by the staff or the commission, a
				new entrant shall be required to provide information to the Division of
				Communications that includes the number of access lines served, reported by
				residential lines and business lines and Virginia intrastate revenue.
2. A new entrant shall, on an annual basis or
				upon request of the staff or the commission, specify to the Division of
				Communications the geographic areas served within Virginia. Such information
				shall include the identification of specific exchanges where service is
				provided or offered and the wire centers associated with all collocation
				arrangements.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 417 - RULES GOVERNING THE CERTIFICATION AND REGULATION OF COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 20VAC5-417-70 - Name changes and use of assumed and fictitious names by a new entrant

Current through Register Vol. 40, No. 24, July 15, 2024
A. A new
				entrant shall comply with all provisions of Virginia law that regulate the
				change of name of a business entity. Within 30 days of the acceptance by the
				Clerk of the Commission of all documents required for the change of name of a
				business entity not related to the merger or reorganization of a new entrant,
				the new entrant shall file with the Clerk of the Commission an application to
				amend and reissue its certificate of public convenience and necessity to
				provide local exchange telecommunications services in its new name. The
				application shall conform to the commission's Rules of Practice and Procedure,
				5VAC5-20.
B. A new entrant shall,
				before using an assumed or fictitious name in Virginia, comply with §§ 59.1-69
				and 59.1-70 of Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of
				Virginia, Transacting Business Under Assumed Name. In addition, a new entrant
				shall:
1. File with the Division of
				Communications a copy of all certificates and related correspondence required
				by §§ 59.1-69 and 59.1-70 of the Code of Virginia. A new entrant shall identify
				all its fictitious and assumed names in any tariffs on file with the Division
				of Communications.
2. File with the
				Division of Public Service Taxation a copy of all certificates and related
				correspondence required by §§ 59.1-69 and 59.1-70 of the Code of
				Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 417 - RULES GOVERNING THE CERTIFICATION AND REGULATION OF COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 20VAC5-417-80 - Commission authority

Current through Register Vol. 40, No. 24, July 15, 2024
The commission may, in its discretion, waive or grant
				  exceptions to any provision of this chapter and may also attach conditions or
				  limitations to any certificate issued pursuant to this chapter and § 56-265.4:4
				  of the Code of Virginia.
Statutory Authority
§§ 12.1-13 and 56-265.4:4 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 417 - RULES GOVERNING THE CERTIFICATION AND REGULATION OF COMPETITIVE LOCAL EXCHANGE CARRIERS › Section - DOCUMENTS INCORPORATED BY REFERENCE (20VAC5-417)

Current through Register Vol. 40, No. 24, July 15, 2024
Form
				  10Q, General Instructions, United States Securities and Exchange
				  Commission
.
Form
				  10K, Annual Report Pursuant to Section 13 or 15(d) of the Securities Exchange
				  Act of 1934
.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 419 - PROCEDURAL RULES FOR IMPLEMENTING sections 251 AND 252 OF THE TELECOMMUNICATIONS ACT OF 1996, 47 USC sections 251 AND 252 › Section 20VAC5-419-10 - General procedure

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
				arbitration request shall include separate lists of those issues resolved by
				the parties and those issues not resolved by the parties through negotiation.
				The resolved portions of an agreement shall be reviewed under 47 USC §
				252(e)(2)(A), and arbitrated portions of an agreement shall be reviewed under
				47 USC § 252(e)(2)(B).
B. The
				filing of an arbitration request shall not preclude the parties from continuing
				negotiations on unresolved issues.
C. To the extent there is conflict between
				this chapter and the State Corporation Commission's Rules of Practice and
				Procedure (5VAC5-20), this chapter shall control.
D. No provision of this chapter shall
				interfere with the commission's power to direct a hearing examiner to consider
				any issue or issues that arise during a proceeding under this
				chapter.
E. Failure to file
				supporting documentation or evidence when required by this chapter may result
				in dismissal of the relief sought by the party failing to comply or in a
				decision adverse to that party's position on the merits.
F. The commission may decline to act in
				matters governed by this chapter arising under 47 USC §§ 251 and 252, or may
				exercise its authority pursuant to § 56-265.4:4B 4 of the Code of
				Virginia.
G. The commission may, in
				its discretion, order an evidentiary hearing to address issues that arise in a
				proceeding under this chapter or may deny a hearing request when a hearing is
				not necessary to resolve the issues. The commission may also consolidate
				proceedings or common issues from two or more proceedings.
H. All filings made pursuant to this chapter
				shall be with the clerk of the commission. Additional copies of any filing made
				pursuant to this chapter shall be provided to the clerk of the commission upon
				request of the clerk.
I. The
				commission may deviate from the provisions of this chapter as it deems
				necessary to fulfill its obligations under the Code of Virginia or 47 USC §§
				251 and 252.
Statutory Authority
§ 12.1-13 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 419 - PROCEDURAL RULES FOR IMPLEMENTING sections 251 AND 252 OF THE TELECOMMUNICATIONS ACT OF 1996, 47 USC sections 251 AND 252 › Section 20VAC5-419-40 - Statement of generally available terms

Current through Register Vol. 40, No. 24, July 15, 2024
The following procedure shall be followed when a Bell
				  Operating Company ("BOC") files a statement of generally available terms and
				  conditions:
1. The BOC shall, on or
				before the day the statement of generally available terms and conditions is
				filed, serve a notice of filing which generally describes the terms and
				conditions of the statement or a copy of the statement itself on all interested
				parties. If a person specifically requests a copy of the statement, the BOC
				shall promptly serve a copy of the statement on the person making the request.
				The BOC shall, on or before the date of filing, serve a copy of the statement
				on the commission staff. The filing shall include a detailed explanation of how
				the statement complies with 47 USC § 252(d) and 47 USC § 251 and the
				regulations thereunder and shall include all supporting
				documentation.
2. Comments or
				requests for hearing may be filed within 21 days of the filing of the
				statement. Comments shall be limited to whether the statement complies with 47
				USC § 252(d) and 47 USC § 251 and the regulations thereunder and shall include
				all supporting documentation. The commission will grant a hearing request only
				if good cause is shown. Comments or requests for hearing, or both, shall, on or
				before the date of filing, be served upon the BOC and the commission staff.
				Upon request, a person shall promptly serve a copy of the comments or request
				for hearing, or both, on the person making the request for same.
3. After the deadline for the filing of
				comments or requests for hearing has passed, the service list for the case
				shall be limited to the BOC, the commission staff, and any persons who timely
				filed comments or requests for hearing, or both.
Statutory Authority
§ 12.1-13 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 421 - RULES GOVERNING EXEMPTION FROM PROVIDING PHYSICAL COLLOCATION PURSUANT TO section 251(c)(6) OF THE TELECOMMUNICATIONS ACT OF 1996 › Section 20VAC5-421-10 - Procedure; exemption request

Current through Register Vol. 40, No. 24, July 15, 2024
A. The incumbent local exchange carrier
				(ILEC) shall submit an original and 15 copies of its application requesting
				exemption to provide physical collocation with the Clerk of the State
				Corporation Commission. Three copies of the floor plan required by
				20VAC5-421-20 B shall be provided
				to the commission's Division of Communications.
B. The ILEC shall file an exemption request
				only when no physical collocation space is available at the ILEC's
				premises.
C.
1. The ILEC shall file an application
				requesting exemption to provide physical collocation at any premises within 30
				days of a denial to a carrier of space as described in subdivision 2 of this
				subsection.
2. If the exhaustion of
				space is determined outside of a denial to a carrier, the ILEC shall file its
				application within 45 days of such a determination.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 421 - RULES GOVERNING EXEMPTION FROM PROVIDING PHYSICAL COLLOCATION PURSUANT TO section 251(c)(6) OF THE TELECOMMUNICATIONS ACT OF 1996 › Section 20VAC5-421-20 - Contents of exemption request

Current through Register Vol. 40, No. 24, July 15, 2024
A. A request submitted by an ILEC for an
				exemption from physical collocation shall specifically identify the premises
				(including exchange, wire center, CLLI code, brief description, V&H
				coordinates, and address) where the exemption is requested, the expected
				duration of the exemption, and the criteria for which the request is being
				made, i.e., space limitation and/or technical reason.
B. The ILEC shall submit current, clearly
				labeled floor plans/diagrams of the premises of at least a 1/8"=1' scale which,
				at a minimum, identifies the following:
1.
				Equipment that is in use and its function, i.e., mechanical, power, switching,
				transmission, etc.
2. Equipment
				that is being phased out, is not in use, or is being stored.
3. Space reserved by the ILEC for future use
				as of the preparation date of the floor plan/diagram.
a. Within six months (imminent equipment
				placement).
b. After six months but
				within two years.
c. After two
				years.
4. Physical
				collocation space.
5.
				Administrative and other nonequipment space.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 423 - RULES GOVERNING THE DISCONTINUANCE OF LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES PROVIDED BY COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 20VAC5-423-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The words and terms defined in
				  20VAC5-400-180 A shall have
				  application to this chapter. In addition, the following words and terms, when
				  used in this chapter, shall have the following meanings unless the context
				  clearly indicates otherwise:
"Bankruptcy petition" is the document that initiates a
				  bankruptcy case under Title 11 of the United States Code ( 11 USC § 101 et
				  seq.) and refers to either Chapter 7 for liquidation or Chapter 11 for
				  reorganization of the debtor. The term includes both voluntary and involuntary
				  bankruptcy petitions.
"Certificate" is the authority granted by the commission to
				  a telephone utility to operate in the state pursuant to § 56-265.4:4 of the
				  Code of Virginia.
"Competitive local exchange carrier" or "CLEC" shall have
				  the same meaning as "new entrant" as defined in accordance with the Rules
				  Governing the Offering of Competitive Local Exchange Telephone Service
				  (20VAC5-400-180 A).
"Discontinuance" is a permanent cessation of telephone
				  operations by a CLEC to its customers or the termination of individual local
				  exchange telecommunications service offerings to its customers.
"Grandfathered customers" means the continuation of service
				  to current customers of a service or feature that has been obsoleted.
"Incumbent local exchange carrier" or "ILEC" shall have the
				  same meaning as "incumbent local exchange telephone company" or "incumbent" as
				  defined in accordance with the Rules Governing the Offering of Competitive
				  Local Exchange Telephone Service (20VAC5-400-180
				  A).
"Obsolete a service" is the discontinuance of a service or
				  feature to new customers.
"Partial discontinuance" is a permanent cessation or
				  grandfathering of customers of local exchange telecommunications service or
				  services on a geographic basis, by functional type (e.g., resale) or by class
				  (e.g., residential) by a CLEC to its customers.
"Resale" occurs when a CLEC purchases telecommunications
				  services on a wholesale basis from the ILEC and resells those services to its
				  customers.
"Unbundled network element" or "UNE" includes the various
				  physical and functional elements of an ILEC's network offered to CLECs on an
				  unbundled basis as a requirement of the Telecommunications Act of 1996 ( 47 USC
				  § 251(c)(3) ).
Statutory Authority
§ 12.1-13 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 423 - RULES GOVERNING THE DISCONTINUANCE OF LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES PROVIDED BY COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 20VAC5-423-20 - Requirements for discontinuance

Current through Register Vol. 40, No. 24, July 15, 2024
A. A CLEC intending to cease operations and
				discontinue the provision of all local exchange telecommunications services in
				Virginia shall file a formal petition for authority to do so with the
				commission. The petition shall provide:
1.
				The number of affected customers, types of service offerings provided, and
				serving arrangements utilized (e.g., UNE-P, resale, UNE, or
				facilities-based);
2. A description
				of customer notification efforts by the CLEC and copies of any written notice
				or notices sent or proposed to be sent to the CLEC's affected
				customers;
3. A full explanation of
				the reasons for the proposed discontinuance of operations, including any plan
				to transfer the CLEC's customers to other carriers;
4. A request for cancellation of the CLEC's
				intrastate tariffs; and
5. A
				request for cancellation of the petitioning CLEC's certificate or certificates
				to provide local exchange telecommunications services and, if applicable,
				interexchange telecommunications services upon the approval for discontinuance
				of the CLEC's local exchange operations. If cancellation of the certificate or
				certificates is not requested, a concise statement of why the commission should
				not cancel the certificate or certificates shall be given.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 423 - RULES GOVERNING THE DISCONTINUANCE OF LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES PROVIDED BY COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 20VAC5-423-30 - Requirements for partial discontinuance

Current through Register Vol. 40, No. 24, July 15, 2024
A. A CLEC intending to partially discontinue
				local exchange telecommunications services shall file a formal petition for
				authority to do so with the commission. The petition shall provide:
1. The number of affected customers and types
				of service offerings provided, including the number of any customers with term
				contracts and the term remaining on each;
2. Whether the service or services are being
				discontinued or made obsolete;
3. A
				full explanation of the reasons for partial discontinuance of service,
				including any plans to transfer the CLEC's affected customers to other services
				or carriers;
4. The proposed tariff
				revisions with a proposed effective date; and
5. A description of customer notification
				efforts by the CLEC and copies of any written notice or notices sent or
				proposed to be sent to the CLEC's affected customers.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 423 - RULES GOVERNING THE DISCONTINUANCE OF LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES PROVIDED BY COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 20VAC5-423-40 - Requirements to withdraw a tariffed service offering

Current through Register Vol. 40, No. 24, July 15, 2024
A. A CLEC intending to withdraw a tariffed
				service offering currently provided to existing customers shall file its
				proposed tariff revisions with the Division of Communications at least 30 days
				prior to the proposed effective date. In addition, the CLEC shall provide with
				its proposed tariff revisions the following information:
1. The number of affected customers including
				the number of any customers with term contracts and the term remaining on
				each;
2. A description of customer
				notification efforts by the CLEC and copies of any written notice or notices
				sent or proposed to be sent to the CLEC's affected customers; and
3. A full explanation of the reasons the CLEC
				proposes to withdraw the service offering, including a description of any
				alternative service offerings available from the CLEC.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 423 - RULES GOVERNING THE DISCONTINUANCE OF LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES PROVIDED BY COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 20VAC5-423-50 - Requirements to obsolete a tariffed service offering

Current through Register Vol. 40, No. 24, July 15, 2024
A. A CLEC intending to obsolete a tariffed
				service offering and to grandfather it to its current customers shall file its
				proposed tariff revisions with the Division of Communications at least 30 days
				prior to the proposed effective date. In addition, the CLEC shall provide with
				its proposed tariff revisions the following information:
1. The number of affected customers,
				including the number of any customers with term contracts and the term
				remaining on each;
2. A description
				of customer notification efforts by the CLEC and copies of any written notice
				or notices sent or proposed to be sent to the CLEC's affected customers;
				and
3. A full explanation of the
				reasons the CLEC proposes to obsolete the service and grandfather the existing
				customers, including a description of any alternative service offerings
				available from the CLEC.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 423 - RULES GOVERNING THE DISCONTINUANCE OF LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES PROVIDED BY COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 20VAC5-423-60 - Administrative cancellation of certificates

Current through Register Vol. 40, No. 24, July 15, 2024
A CLEC that is found to have ceased providing local exchange
				  telecommunications services to its customers in Virginia without complying with
				  the requirements of
				  20VAC5-423-20 shall be in
				  violation of this chapter, and each of its operating certificates may be
				  administratively cancelled.
Statutory Authority
§ 12.1-13 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 423 - RULES GOVERNING THE DISCONTINUANCE OF LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES PROVIDED BY COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 20VAC5-423-70 - Bankruptcy requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A CLEC that is the subject of a bankruptcy petition shall
				  provide to the commission a complete copy of the bankruptcy petition and any
				  reorganization plan filed under Chapter 11 of the Bankruptcy Code. Within seven
				  days of a bankruptcy petition being filed by or against a CLEC or its corporate
				  parent, the CLEC shall provide written notice of such bankruptcy petition to
				  the commission. The written notice shall include the following information and
				  be updated as necessary:
1. Whether
				the CLEC currently provides service offerings to customers in Virginia and the
				number of its customers and types of services provided; and
2. The name, address, and telephone number of
				any trustee in bankruptcy.
Statutory Authority
§ 12.1-13 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 423 - RULES GOVERNING THE DISCONTINUANCE OF LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES PROVIDED BY COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 20VAC5-423-80 - Duties of ILECs

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
				ILEC shall not, for nonpayment of charges by the CLEC to the ILEC, disconnect
				services provided to a CLEC that could reasonably be expected to result in
				disconnection of the CLEC's customers without notification to the
				commission.
B. An ILEC proposing to
				disconnect a CLEC's resale customers shall file, if there is no pending
				proceeding commenced by the CLEC under this chapter, notification with the
				commission at least 60 days prior to the proposed date of disconnection. The
				ILEC shall provide a copy of this notification to the CLEC. The notification to
				the commission shall provide:
1. The number of
				CLEC resale customers to be disconnected and the proposed disconnection
				date;
2. The amount claimed to be
				owed to the ILEC by the CLEC, including the identification of any disputed
				amounts;
3. A description of any
				efforts that the ILEC and the CLEC have taken to prevent disconnection or
				disruption of service to the CLEC's customers;
4. Any proposal to notify or transfer the
				CLEC's resale customers to the ILEC or to other carriers; and
5. Copies of any written disconnection notice
				or notices sent to the CLEC.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 423 - RULES GOVERNING THE DISCONTINUANCE OF LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES PROVIDED BY COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 20VAC5-423-90 - Commission authority

Current through Register Vol. 40, No. 24, July 15, 2024
The commission may, in its discretion, waive or grant
				  exceptions to any of the provisions of this chapter.
Statutory Authority
§ 12.1-13 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 425 - RULES GOVERNING ENHANCED 911 (E-911) SERVICE › Section 20VAC5-425-30 - Rates, tariffs, and product guides

Current through Register Vol. 40, No. 24, July 15, 2024
A. A new entrant's rates for any E-911
				services shall be no higher than the lowest applicable rates established by the
				largest ILEC, as measured by the number of its NALs, serving the geographic
				area of the relevant PSAP.
B. A
				LEC, if it provides and charges for E-911 services, shall structure its E-911
				services so that it charges PSAPs only for those services that it
				renders.
Statutory Authority: §
											12.1-13
					 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 425 - RULES GOVERNING ENHANCED 911 (E-911) SERVICE › Section 20VAC5-425-40 - Provisioning

Current through Register Vol. 40, No. 24, July 15, 2024
A LEC providing E-911 services shall:
1. Design, construct, maintain, and operate
				its facilities to minimize interruptions to E-911 services;
2. Determine E-911 service requirements in
				consultation with the relevant PSAP. These requirements shall be communicated
				to the PSAP prior to implementation and shall include detail sufficient to
				allow the PSAP to order E-911 service consistent with a minimum of a P.01 grade
				of service;
3. Provide priority
				restoration to the PSAP in the event of an outage of the LEC provided E-911
				services or facilities; and
4.
				Provide E-911 service consistent with the level of service ordered by a
				PSAP.
Statutory Authority: §
											12.1-13
					 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 425 - RULES GOVERNING ENHANCED 911 (E-911) SERVICE › Section 20VAC5-425-45 - Reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. A LEC providing
				E-911 services shall:
1. Inform the staff of
				an E-911 service outage in Virginia by providing all reports required by the
				Federal Communications Commission (FCC) under 47 CFR Part 4 as such FCC reports
				relate to 911 service. A LEC shall comply with all provisions of 47 CFR Part 4
				related to report content, processing and delivery;
2. Upon request, provide to the commission or
				staff additional information related to 911 service outages not included in FCC
				reports as necessary to perform their oversight responsibility;
3. Provide the staff a copy of the annual
				reliability certification and any information submitted with or in addition to
				such certification required by the FCC under
				47 CFR
				12.4 that impact the reliability of 911
				service in Virginia. Upon request, a LEC shall provide to the commission or
				staff additional information as deemed necessary to perform their oversight
				responsibility; and
4. If the LEC
				participates in the FCC's voluntary Disaster Information Reporting System
				(DIRS), provide all DIRS comparable information filed with the FCC related to
				911 service outages to PSAPs located in Virginia as provided to the DIRS as
				soon as practicable, but in no case later than two hours, after reporting to
				the FCC. This requirement shall remain in place until DIRS is
				deactivated.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 425 - RULES GOVERNING ENHANCED 911 (E-911) SERVICE › Section 20VAC5-425-50 - Commission authority

Current through Register Vol. 40, No. 24, July 15, 2024
The commission may, at its discretion, waive or grant
				  exceptions to any provision of this chapter.
Statutory Authority: §
											12.1-13
					 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 428 - RULES GOVERNING LOCAL EXCHANGE TELECOMMUNICATIONS CARRIER RETAIL SERVICE QUALITY › Section 20VAC5-428-20 - Private property restoration

Current through Register Vol. 40, No. 24, July 15, 2024
A LEC, whenever it disturbs private property during the
				  course of construction or maintenance operations, shall, except when otherwise
				  specified or governed by easement or agreement, make every reasonable effort to
				  restore the private property to a condition that is at least as good as that
				  which existed prior to the disturbance once all work is
				  completed.
Statutory Authority
§§ 12.1-13, 56-35, 56-36, 56-234, 56-234.4, 56-246, and
					 56-479 of the Code of Virginia of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 428 - RULES GOVERNING LOCAL EXCHANGE TELECOMMUNICATIONS CARRIER RETAIL SERVICE QUALITY › Section 20VAC5-428-30 - Availability and retention of records

Current through Register Vol. 40, No. 24, July 15, 2024
A. A LEC shall provide to the commission or
				staff, upon request, all records, reports, and other information required to
				determine compliance with this chapter excluding reports relevant to
				20VAC-5-428 -90, which shall be provided pursuant to
				20VAC5-428-90 A.
B. A LEC shall retain any routine business
				records relevant to this chapter for a minimum of two years.
C. A LEC shall retain customer billing
				records for a minimum of three years to permit the commission or staff to
				investigate and resolve billing complaints.
Statutory Authority
§§ 12.1-13, 56-35, 56-36, 56-234, 56-234.4, 56-246, and
					 56-479 of the Code of Virginia of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 428 - RULES GOVERNING LOCAL EXCHANGE TELECOMMUNICATIONS CARRIER RETAIL SERVICE QUALITY › Section 20VAC5-428-40 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority
§§ 12.1-13, 56-35, 56-36, 56-234, 56-234.4, 56-246, and
					 56-479 of the Code of Virginia of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 428 - RULES GOVERNING LOCAL EXCHANGE TELECOMMUNICATIONS CARRIER RETAIL SERVICE QUALITY › Section 20VAC5-428-50 - Emergency trouble report response

Current through Register Vol. 40, No. 24, July 15, 2024
A. A LEC shall accept, acknowledge, and
				record trouble reports of an emergency nature at all times through automated or
				live means.
B. A LEC shall take
				immediate action to clear trouble reports of an emergency nature.
Statutory Authority
§§ 12.1-13, 56-35, 56-36, 56-234, 56-234.4, 56-246, and
					 56-479 of the Code of Virginia of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 428 - RULES GOVERNING LOCAL EXCHANGE TELECOMMUNICATIONS CARRIER RETAIL SERVICE QUALITY › Section 20VAC5-428-60 - Service outage reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A LEC shall inform the staff of a service outage in Virginia
				  by providing all reports required by the Federal Communications Commission
				  (FCC) under 47 CFR Part 4. A LEC shall comply with all provisions of 47 CFR
				  Part 4 related to report content, processing, and delivery. Upon request, a LEC
				  shall provide to the commission or staff additional information regarding
				  service outages not included in FCC reports as necessary to perform their
				  oversight responsibility.
Statutory Authority
§§ 12.1-13, 56-35, 56-36, 56-234, 56-234.4, 56-246, and
					 56-479 of the Code of Virginia of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 428 - RULES GOVERNING LOCAL EXCHANGE TELECOMMUNICATIONS CARRIER RETAIL SERVICE QUALITY › Section 20VAC5-428-70 - Commission complaints

Current through Register Vol. 40, No. 24, July 15, 2024
A. When
				the staff informs a LEC of an out-of-service commission complaint, that LEC
				shall restore the affected service within 24 hours of the report, subject to
				the customer-caused delay exclusion of
				20VAC5-428-90 B 2, unless an
				extension is granted by the staff.
B. When the staff informs a LEC of a
				non-out-of-service commission complaint, the LEC shall resolve the complaint
				within 10 business days of the report, unless an extension is granted by the
				staff.
C. When the staff informs a
				LEC of an extended service installation complaint, that LEC shall provision
				service within five business days of the report, subject to the customer-caused
				delay, installation of more than five NALs, and telephone number porting
				exclusions of
				20VAC5-428-90 B 4, unless an
				extension is granted by the staff.
Statutory Authority
§§ 12.1-13, 56-35, 56-36, 56-234, 56-234.4, 56-246, and
					 56-479 of the Code of Virginia of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 428 - RULES GOVERNING LOCAL EXCHANGE TELECOMMUNICATIONS CARRIER RETAIL SERVICE QUALITY › Section 20VAC5-428-80 - Printed directories

Current through Register Vol. 40, No. 24, July 15, 2024
A. A LEC
				shall publish or cause to be published its customers' listing information in
				printed directories and shall distribute or cause to be distributed to its
				customers such directories at yearly intervals. The listing information of a
				LEC's customers shall be updated at least yearly, unless otherwise agreed to by
				the commission or staff.
B. A LEC
				responsible for publishing a directory shall make every reasonable effort to
				correct directory errors and to resolve directory disputes in a timely and
				efficient manner. A LEC responsible for directory publication may be required
				by the commission to postpone publication depending upon the nature and
				severity of a complaint. A LEC responsible for publishing a directory includes,
				but is not limited to, a LEC that publishes directories, causes directories to
				be published, or provides customer information for inclusion in
				directories.
Statutory Authority
§§ 12.1-13, 56-35, 56-36, 56-234, 56-234.4, 56-246, and
					 56-479 of the Code of Virginia of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 428 - RULES GOVERNING LOCAL EXCHANGE TELECOMMUNICATIONS CARRIER RETAIL SERVICE QUALITY › Section 20VAC5-428-100 - Generally inadequate service

Current through Register Vol. 40, No. 24, July 15, 2024
A LEC shall, at the direction of the commission following
				  notice and an opportunity for hearing, address any concern for inadequate
				  service quality not specifically addressed in this chapter.
Statutory Authority
§§ 12.1-13, 56-35, 56-36, 56-234, 56-234.4, 56-246, and
					 56-479 of the Code of Virginia of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 428 - RULES GOVERNING LOCAL EXCHANGE TELECOMMUNICATIONS CARRIER RETAIL SERVICE QUALITY › Section 20VAC5-428-110 - Enforcement and sanctions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				For purposes of enforcing all of the provisions of this chapter, including
				20VAC5-428-90 B 1 but excluding
				the remainder of
				20VAC5-428-90, the commission may,
				upon motion, and after opportunity for written response from the LEC and an
				opportunity for hearing, in accordance with
				5VAC5-20-90 levy one or more of the
				penalties and sanctions authorized by §§ 12.1-13, 12.1-33, and 56-483 of the
				Code of Virginia for violations of provisions of this chapter.
B. For purposes of enforcing
				20VAC5-428-90, other than
				20VAC5-428-90 B 1, the commission
				may, upon motion, and after opportunity for written response from the LEC in
				accordance with
				5VAC5-20-90, issue such order or
				orders as it deems necessary to notify a LEC of the LEC's obligation and need
				to satisfy the provisions of this chapter. If a LEC fails to comply with the
				directives of such order, the commission may, following notice and an
				opportunity for hearing in accordance with
				5VAC5-20-90, levy one or more of
				the penalties and sanctions authorized by §§ 12.1-13, 12.1-33, and 56-483 of
				the Code of Virginia for violations of such order. For purposes of enforcement
				under this section, the commission may, if it deems necessary, further
				prospectively order a LEC to meet a
				20VAC5-428-90 standard each day,
				based on a rolling 30-day average, notwithstanding that the standard is based
				on a calendar month under
				20VAC5-428-90 and each day that
				the LEC does not meet such standard may constitute a separate violation of this
				chapter.
Statutory Authority
§§ 12.1-13, 56-35, 56-36, 56-234, 56-234.4, 56-246, and
					 56-479 of the Code of Virginia of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 428 - RULES GOVERNING LOCAL EXCHANGE TELECOMMUNICATIONS CARRIER RETAIL SERVICE QUALITY › Section 20VAC5-428-120 - Commission authority

Current through Register Vol. 40, No. 24, July 15, 2024
The commission may, at its discretion, waive or grant
				  exceptions to any provision of this chapter.
Statutory Authority
§§ 12.1-13, 56-35, 56-36, 56-234, 56-234.4, 56-246, and
					 56-479 of the Code of Virginia of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 428 - RULES GOVERNING LOCAL EXCHANGE TELECOMMUNICATIONS CARRIER RETAIL SERVICE QUALITY › Section 20VAC5-428-130 - Sunset provision

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter may sunset on December 31, 2012, if, following a
				  proceeding, the commission determines that this chapter or other regulations
				  are no longer necessary to ensure reasonably adequate
				  service.
Statutory Authority
§§ 12.1-13, 56-35, 56-36, 56-234, 56-234.4, 56-246, and
					 56-479 of the Code of Virginia of the Code of
					 Virginia.