reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 405 - RULES FOR ALTERNATIVE DISPUTE RESOLUTION PROCESS › Section 20VAC5-405-60 - Assignment of a hearing examiner; prehearing conference

Current through Register Vol. 40, No. 24, July 15, 2024
Within four calendar days of the filing and service of an
				  Alternative Dispute Resolution Petition, a hearing examiner shall be assigned
				  to the matter by the Chief Hearing Examiner. The hearing examiner shall
				  schedule a prehearing conference at the earliest possible date to determine
				  whether the petition qualifies for ADRP and, if so, to determine the schedule
				  for the proceeding and other matters relevant to management and resolution of
				  the dispute. At any time prior to the conclusion of the prehearing conference,
				  the presiding hearing examiner may reject any petition for alternative dispute
				  resolution that does not fall within the scope of this chapter or contains
				  issues that cannot be reasonably tried or developed on an expedited basis.
				  After the prehearing conference, the matter shall remain within the ADRP
				  unless, upon motion by either the petitioner or respondent, the hearing
				  examiner decides otherwise.
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 405 - RULES FOR ALTERNATIVE DISPUTE RESOLUTION PROCESS › Section 20VAC5-405-70 - Answer

Current through Register Vol. 40, No. 24, July 15, 2024
Within 10 calendar days of service of the Alternative
				  Dispute Resolution Petition and supporting documentation on the respondent, the
				  respondent shall file an answer with the clerk. The answer shall include copies
				  of all documents in the respondent's possession that are likely to bear
				  significantly on the issues raised in the petition. Copies shall also be served
				  on the petitioner, the Office of Hearing Examiners, the Office of General
				  Counsel, the Division of Communications, and the Office of the Attorney General
				  on the same date.
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 405 - RULES FOR ALTERNATIVE DISPUTE RESOLUTION PROCESS › Section 20VAC5-405-80 - Office of General Counsel

Current through Register Vol. 40, No. 24, July 15, 2024
The carriers will be the primary participating parties in
				  the Alternative Dispute Resolution Process. The Office of General Counsel may
				  participate in the proceeding but may not conduct formal discovery and is
				  precluded from opposing the voluntary withdrawal of an Alternative Dispute
				  Resolution Petition due to consummation of a settlement between the
				  carriers.
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 405 - RULES FOR ALTERNATIVE DISPUTE RESOLUTION PROCESS › Section 20VAC5-405-90 - Evidentiary hearing

Current through Register Vol. 40, No. 24, July 15, 2024
The presiding hearing examiner will conduct an evidentiary
				  hearing including sworn witnesses, reasonable cross-examination, and a
				  transcription of the record. The carriers will also have the opportunity to
				  file briefs prior to the hearing examiner's adjudication. The hearing examiner
				  shall issue an initial decision resolving the dispute within 35 calendar days
				  of the filing of the Alternative Dispute Resolution Petition, unless the
				  hearing examiner extends the time frame for good cause shown, recognizing that
				  an expeditious result is in the public interest.
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 405 - RULES FOR ALTERNATIVE DISPUTE RESOLUTION PROCESS › Section 20VAC5-405-100 - Discovery

Current through Register Vol. 40, No. 24, July 15, 2024
The carriers are encouraged to exchange information
				  informally. The carriers will also be permitted to seek leave to conduct such
				  limited formal discovery as deemed reasonable and necessary by the presiding
				  hearing examiner to resolve the contested issues. Whether and the extent to
				  which leave to conduct limited formal discovery should be granted is a matter
				  within the discretion of the presiding hearing examiner.
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 405 - RULES FOR ALTERNATIVE DISPUTE RESOLUTION PROCESS › Section 20VAC5-405-110 - Exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
Participating carriers may file exceptions to the initial
				  decision of the hearing examiner within seven calendar days of issuance. Reply
				  exceptions shall be filed within five calendar days after exceptions are
				  served. If no exceptions are filed and if the commissioners do not elect to
				  review the initial decision within 15 calendar days of issuance, the commission
				  will issue an order adopting the hearing examiner's initial decision. If
				  exceptions are filed or if commission review is elected, the matter will be
				  addressed by commission final order.
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 405 - RULES FOR ALTERNATIVE DISPUTE RESOLUTION PROCESS › Section 20VAC5-405-120 - Mediation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Either party
				may, at any time prior to five calendar days before the hearing, request that
				the Division of Communications conduct supervised settlement discussions. The
				request shall act as a stay of the proceedings of up to five business days
				pending mediation. However, the carriers may, by mutual agreement, further
				extend this period for an additional 30 days. No further extensions shall be
				permitted. The mediator shall have discretion to shorten the time period for
				mediation if it appears that settlement is unlikely. If no settlement is
				reached, the stay will be terminated and the case referred back to the assigned
				hearing examiner. The stay shall not count against the hearing examiner's time
				to issue an initial decision. If a settlement is reached, the assigned mediator
				will immediately issue a mediation report with the attached proposed settlement
				agreement to the assigned hearing examiner for review and disposition by
				initial decision.
B. Staff assigned
				as mediators shall be bound by the commission's Rules of Practice and Procedure
				(5VAC5-20-10 et seq.) regarding
				their participation in a subsequently docketed case involving the same
				dispute.
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 405 - RULES FOR ALTERNATIVE DISPUTE RESOLUTION PROCESS › Section 20VAC5-405-130 - Other remedies

Current through Register Vol. 40, No. 24, July 15, 2024
The ADRP is not intended to replace or preclude any other
				  procedures or remedies otherwise available to any of the carriers under law,
				  and a carrier's participation in this alternative dispute resolution process
				  shall not be considered a waiver of any available substantive or procedural
				  rights.
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 407 - RULES FOR PAYPHONE SERVICE AND INSTRUMENTS › Section 20VAC5-407-10 - Applicability; definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				chapter is promulgated pursuant to the provisions of the Pay Telephone
				Registration Act (§ 56-508.16 of the Code of Virginia).
B. The provisions in this chapter apply to
				all payphone service providers (PSPs) and, where applicable, operator service
				providers (OSPs), and serving local exchange carriers (serving LECs). Payphone
				instruments located in confinement facilities are excluded from the provisions
				of this chapter.
C. The following
				terms when used in this chapter shall have the following meanings, unless the
				context clearly indicates otherwise:
"Commission" means the State Corporation Commission.
"Interexchange carrier" or "IXC" means a carrier that
				  provides intrastate interexchange long-distance telephone service.
"Operator service provider" or "OSP" means a company that
				  provides or contracts for call completion by either live or automated
				  services.
"Payphone instrument" means a telecommunications device,
				  either coin or coinless, that imposes a charge on a per call or use
				  basis.
"Payphone service" means the provision of coin or coinless
				  telephone service to the public utilizing a payphone service provider's
				  instrument.
"Payphone service provider" or "PSP" means a company or
				  person that provides payphone service to the public in the Commonwealth of
				  Virginia by means of a coin or coinless payphone instrument.
"Serving local exchange carrier" or "serving LEC" means the
				  local exchange carrier to whom the PSP subscribes for access line
				  service.
"User" means the individual initiating a call from a payphone
				  instrument.
"0+ call" means a call made by a user dialing the digit "0"
				  followed by the telephone number.
"0- call" means a call made by a user dialing the digit "0"
				  only.
Statutory Authority
§§ 12.1-13 and 56-508.16 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 407 - RULES FOR PAYPHONE SERVICE AND INSTRUMENTS › Section 20VAC5-407-20 - General provisions; enforcement; waiver requests

Current through Register Vol. 40, No. 24, July 15, 2024
A. A PSP, OSP, or serving LEC shall provide
				records, documents, and special reports to the commission as requested in
				writing by the staff. Any such requests and responses may be submitted via
				electronic mail or facsimile.
B. A
				PSP shall provide written responses to data requests from the commission staff
				regarding payphone services and instruments within 21 calendar days, unless
				additional time is otherwise provided in the request or agreed upon by the
				parties.
C. The commission may
				enforce the provisions of this chapter by any means authorized under applicable
				law or regulation, and subject to the right of appeal set out in § 12.1-39 of
				the Code of Virginia and in Article IX Section 4 of the Virginia Constitution.
				Enforcement actions may include, without limitation, the refusal to issue a
				registration certificate for which application has been made and the revocation
				or suspension of a registration certificate previously granted. This chapter
				shall not be deemed to preclude a person aggrieved by a violation of these
				regulations from pursuing any civil relief that may be available under state or
				federal law, including, without limitation, private actions for damages or
				other equitable relief.
D. A
				request for a waiver of any of the provisions in this chapter may be considered
				by the commission on a case-by-case basis and may be granted upon such terms
				and conditions as the commission may impose.
Statutory Authority
§§ 12.1-13 and 56-508.16 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 407 - RULES FOR PAYPHONE SERVICE AND INSTRUMENTS › Section 20VAC5-407-30 - Registration, renewal, and cancellation procedures for OSPs

Current through Register Vol. 40, No. 24, July 15, 2024
A. OSPs, excluding those with
				commission-issued certificates of public convenience and necessity, shall
				register and pay a registration fee of $25 each year to provide operator
				services from payphones starting January 16, 2002. Registration forms may be
				obtained by visiting the commission's website at:
http://www.state.va.us/scc/division/puc/index.htm
,
				by calling the Division of Communications, or by making a request in writing to
				the State Corporation Commission, Division of Communications, P.O. Box 1197,
				Richmond, Virginia 23218.
B. Upon
				completion of the registration process, the commission shall issue a
				registration certificate to the OSP to provide operator services from payphones
				in accordance with the provisions of this chapter.
C. Each OSP shall renew its registration
				certificate by January 16 of each year. To renew, each OSP shall:
1. Submit to the commission's Public Service
				Taxation Division a completed renewal form.
2. Pay a nonrefundable renewal fee of $25,
				payable to the Treasurer of Virginia and mailed to the State Corporation
				Commission, Public Service Taxation Division, P. O. Box 1197, Richmond,
				Virginia 23218.
3. In addition to
				the renewal fee, pay a late filing fee of $10 for all renewals postmarked after
				January 16 of each year.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 407 - RULES FOR PAYPHONE SERVICE AND INSTRUMENTS › Section 20VAC5-407-40 - Registration, renewal, and cancellation procedures for PSPs

Current through Register Vol. 40, No. 24, July 15, 2024
A. PSPs shall register and pay a registration
				fee of $4.00 per payphone instrument before providing service to the public.
				Registration forms may be obtained by visiting the commission's website at:
http://www.state.va.us/scc/division/puc/index.htm
,
				by calling the Division of Communications, or by making a request in writing to
				the State Corporation Commission, Division of Communications, P. O. Box 1197,
				Richmond, Virginia 23218.
B. Upon
				completion of the registration process, the commission shall issue a
				registration certificate to the PSP to provide payphone service in accordance
				with the provisions of this chapter.
C. The commission staff shall send out
				renewal notices and forms to all registered PSPs by December 16 of each year.
				Each PSP shall renew its registration certificate by January 16 of each year.
				To renew, each PSP shall:
1. Submit to the
				commission's Public Service Taxation Division a completed renewal form and list
				of payphone instruments owned in Virginia, specifying a telephone number,
				physical address, the name of the serving LEC, and the OSP for each payphone
				instrument. The physical address of each payphone instrument shall be
				confidential unless and until the commission orders otherwise.
2. Pay a nonrefundable renewal fee of $4.00
				per payphone instrument, payable to the Treasurer of Virginia and mailed to the
				State Corporation Commission, Public Service Taxation Division, P. O. Box 1197,
				Richmond, Virginia 23218.
3. In
				addition to the renewal fee, pay a late filing fee of $1.00 per payphone, or a
				minimum of $50, whichever amount is greater, for all renewals postmarked after
				January 16 of each year.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 407 - RULES FOR PAYPHONE SERVICE AND INSTRUMENTS › Section 20VAC5-407-50 - Payphone instrument and service requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. A payphone instrument shall be equipped
				for "dial-tone first."
B. Each coin
				payphone instrument must be connected to an individual access line. When
				multiple coinless phones are installed in the same physical area, one access
				line shall not be connected to more than three coinless phones, provided that
				such access promotes economical and convenient use by the public and retains
				immediate telephone access to emergency services.
C. A payphone instrument shall receive
				incoming calls unless it is prominently marked with the words "OUTGOING CALLS
				ONLY," "NO INCOMING CALLS," or similar language.
D. A payphone instrument shall provide users
				with free access to the Telecommunications Relay Service system by dialing 711,
				as prescribed by the commission's final order in Case No. PUC000045.
E. A payphone instrument shall allow users
				access to the serving LEC operator without charge. Where the access code "0" is
				reserved for carriers other than the serving LEC operator, access to the
				serving LEC operator shall be provided through the access code "*0."
F. A payphone instrument shall allow users to
				reach "800" numbers and other types of toll-free service without having to
				deposit a coin or make a prepayment.
G. A payphone instrument shall allow users to
				reach all OSP networks with access service arrangements with the serving LEC
				through their "950," "800," or "101-XXXX-0" number without having to deposit a
				coin or make a prepayment.
H. A
				coin-operated payphone instrument shall accept any combination of nickels,
				dimes, and quarters for local and long-distance calling charges and return any
				deposited amount to the user if the call is not completed.
I. PSPs shall have established procedures for
				making prompt refunds to users. Refunds must be made within 21 calendar days of
				a valid request to the PSP.
J. PSPs
				shall be responsible for acquiring and implementing programming information and
				necessary changes to central office codes and local and extended calling areas
				no later than 60 days after the effective date of the change.
K. A payphone instrument reported to a PSP as
				being out of service must be removed or restored to service as quickly as
				possible. Removing the payphone or restoring service shall not take more than
				seven calendar days from receipt of the trouble report unless site construction
				interrupted the service.
1. The serving LEC
				shall restore 80% of all out-of-service conditions within 24 hours and 100% of
				all out-of-service conditions within 48 hours from receipt of the trouble
				report.
2. The 24- and 48- hour
				restoral standards exclude trouble reports received on Sundays, legal holidays,
				and during emergency operating conditions.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 407 - RULES FOR PAYPHONE SERVICE AND INSTRUMENTS › Section 20VAC5-407-60 - Housing card

Current through Register Vol. 40, No. 24, July 15, 2024
A. A payphone
				housing card shall contain, at a minimum, the following information:
1. Clear operating instructions.
2. The physical address and phone number
				(area code + seven-digit number) of the payphone instrument. This must be the
				same physical address that is provided to the serving LEC and used by 911
				emergency services.
3. The PSP's
				certificated name, address, and free contact telephone number (area code +
				seven-digit number) that can be reached during normal business hours. If the
				PSP's contact number is posted for refunds and repairs, then posting another
				contact number for the PSP is not needed.
4. Procedures for repairs, refunds, and
				billing disputes, including a specific contact number for these types of
				services that users can reach without charge. Such contact numbers shall reach
				a live or automated attendant.
5.
				Instructions on how to contact both local and long-distance directory
				assistance.
6. Prominent
				instructions specifying how to reach the serving LEC operator by dialing 0 or
				*0.
7. Clear and prominent
				instructions on how payphone users may reach emergency agencies. These
				instructions shall refer to 911 where that code is in use as a locality's
				emergency contact number. Where 911 is not used as the local emergency contact
				number, provide instructions for contacting the emergency agency. The operator
				must provide prompt, efficient, and accurate emergency service; and if such
				service is not provided, the commission may require a PSP to route 0 or *0
				calls to the serving LEC.
8.
				Prominent instructions that read "OUTGOING CALLS ONLY," "NO INCOMING CALLS," or
				similar language, if the payphone instrument does not permit incoming
				calls.
9. A statement notifying
				payphone users that the long-distance carrier of their choice can be obtained
				by following the dialing instructions provided by that carrier.
10. The identity of the OSP, with address and
				toll-free number, making the charge for any intrastate long distance or local
				operator assisted call, whether automated or live, not handled by the serving
				LEC operator.
11. A posted charge
				for a local call, including a notice of any time limits.
12. A posted notice of any charges for
				incoming calls on the housing card.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 407 - RULES FOR PAYPHONE SERVICE AND INSTRUMENTS › Section 20VAC5-407-70 - Penalties

Current through Register Vol. 40, No. 24, July 15, 2024
Failure to comply with the provisions of this chapter may
				  result, following proper notice and an opportunity for a hearing, in
				  appropriate action by the commission, which may include, but is not limited to,
				  disconnection of the payphone instruments, additional fines, registration
				  certificate revocation, or any combination of these penalties which in the
				  judgment of the commission is necessary to protect the public
				  interest.
Statutory Authority
§§ 12.1-13 and 56-508.16 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 407 - RULES FOR PAYPHONE SERVICE AND INSTRUMENTS › Form - FORMS (20VAC5-407)

Current through Register Vol. 40, No. 24, July 15, 2024
Application for Registration as an Operator Service Provider
				  (eff. 12/14/01).
Application for Registration as a Payphone Service Provider
				  (eff. 12/14/01).
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 409 - RULES GOVERNING THE SHARING OR RESALE OF LOCAL EXCHANGE SERVICE (SHARED TENANT SERVICE) › Section 20VAC5-409-10 - Shared tenant service permissible

Current through Register Vol. 40, No. 24, July 15, 2024
A. The tariffs of Virginia local exchange
				companies shall not prohibit any persons from subscribing to local exchange
				business telecommunications services and facilities and privately reoffering
				those communication services and facilities to persons or entities occupying
				buildings or facilities that are within specifically identified contiguous
				property areas (even if the contiguous area is intersected by public
				thoroughfares or rights-of-way) and are either:
(i) under common ownership, which is either
				the same owners, common general partners, or common principal equity investor;
				or
(ii) within a common development
				which is either an office or commercial complex, a shopping center, an
				apartment or condominium or cooperative complex, an airport, a hotel or motel,
				a college or university, or a complex consisting of mixed uses of the types
				described above, but not to include residential subdivisions consisting of
				single-family detached dwellings.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 409 - RULES GOVERNING THE SHARING OR RESALE OF LOCAL EXCHANGE SERVICE (SHARED TENANT SERVICE) › Section 20VAC5-409-20 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter
				shall apply only to those shared tenant service systems sharing more than 16
				access lines or more than 32 stations.
B. Sharing of smaller systems shall not be
				prohibited by local exchange companies and shall be governed by joint user
				tariffs where in effect.
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 409 - RULES GOVERNING THE SHARING OR RESALE OF LOCAL EXCHANGE SERVICE (SHARED TENANT SERVICE) › Section 20VAC5-409-30 - Waiver of requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. To
				the extent that a shared tenant service system would not meet the requirements
				of 20VAC5-409-10, the person or
				persons desiring to provide the shared tenant service system shall have the
				right to petition the commission to obtain a waiver of
				20VAC5-409-10.
B. Notice of this waiver petition shall be
				given to local exchange telephone companies serving the area proposed to be
				affected by the proposal and to other persons as may be designated by the
				commission.
C. The commission may
				grant a waiver petition upon finding that the public interest would be
				served.
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 409 - RULES GOVERNING THE SHARING OR RESALE OF LOCAL EXCHANGE SERVICE (SHARED TENANT SERVICE) › Section 20VAC5-409-40 - Local exchange carrier obligations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Local exchange companies providing service
				to shared tenant service providers may charge for the resale of local business
				service based upon the number of calls to the extent permitted by the terms of
				§ 56-241.2 of the Code of Virginia.
B. Nothing in this chapter shall be construed
				to authorize or to preclude treatment by local exchange companies of shared
				tenant service providers as a separate class of customers for the purpose of
				establishing rates and regulations of service.
C. Where tariffs providing for charges based
				on the number of calls are not in effect at the time service is applied for,
				local exchange companies shall provide service to shared tenant service
				providers for the resale of local business service at the flat rates that apply
				to other business PBX (Private Branch Exchange) customers.
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 409 - RULES GOVERNING THE SHARING OR RESALE OF LOCAL EXCHANGE SERVICE (SHARED TENANT SERVICE) › Section 20VAC5-409-50 - Shared tenant service provider obligations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Shared tenant service shall not be offered
				to the general public other than the offering of properly tariffed coin
				service.
B. Providers of shared
				tenant service are business customers. On behalf of their residential and
				business end users, such providers may subscribe to residential and business
				directory listings, respectively, at the rates established for such additional
				listings by the local exchange carrier.
C. Providers of shared tenant service need
				not partition switches to allocate trunks among tenants or
				subscribers.
D. Shared tenant
				service providers receiving service under joint user tariffs of local exchange
				companies as of October 7, 1986, may continue to receive such joint user
				service at existing locations as long as each location remains with that same
				provider.
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 409 - RULES GOVERNING THE SHARING OR RESALE OF LOCAL EXCHANGE SERVICE (SHARED TENANT SERVICE) › Section 20VAC5-409-60 - Right to request and right to serve

Current through Register Vol. 40, No. 24, July 15, 2024
A. Local exchange companies shall have both
				the right and the obligation to serve any requesting subscriber located within
				their certificated service territory.
B. Any end user within a shared tenant
				service building or facility has the right to subscribe to service directly
				from the certificated local exchange carrier.
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 409 - RULES GOVERNING THE SHARING OR RESALE OF LOCAL EXCHANGE SERVICE (SHARED TENANT SERVICE) › Section 20VAC5-409-70 - Rates and charges

Current through Register Vol. 40, No. 24, July 15, 2024
All rates and charges in connection with shared tenant
				  service, and all repairs and rearrangements behind the minimum point of entry
				  of the local exchange carrier's facilities or behind the interface between
				  company owned and customer owned equipment and including the shared tenant
				  service provider's switch, will be the responsibility of the person owning or
				  controlling the facilities behind the minimum point of entry or interface and
				  are not regulated by the State Corporation Commission.
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 411 - RULES GOVERNING THE CERTIFICATION OF INTEREXCHANGE CARRIERS › Section 20VAC5-411-10 - Filing of application

Current through Register Vol. 40, No. 24, July 15, 2024
An original and 15 copies of an application for a
				  certificate of public convenience and necessity to operate as an interexchange
				  carrier shall be filed with the Clerk of the State Corporation Commission and
				  shall contain all the information and exhibits required by 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 411 - RULES GOVERNING THE CERTIFICATION OF INTEREXCHANGE CARRIERS › Section 20VAC5-411-20 - Notice of application

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Notice of the application shall be given to each existing interexchange
				carrier; the Division of Consumer Counsel, Office of the Attorney General; and
				to each local exchange carrier.
B.
				Each applicant shall publish notice in newspapers having general circulation
				throughout the Commonwealth in a form to be prescribed by the
				commission.
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 411 - RULES GOVERNING THE CERTIFICATION OF INTEREXCHANGE CARRIERS › Section 20VAC5-411-30 - Application requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Applicants shall attest that they will abide by the provisions of § 56-265.4:4B
				of the Code of Virginia.
B.
				Applicants shall submit information which identifies the applicant including
				(i) its name, address and telephone number; (ii) its corporate ownership; (iii)
				the name, address, and telephone number of its corporate parent or parents, if
				any; (iv) a list of its officers and directors or, if applicant is not a
				corporation, a list of its principals and their directors; and (v) the names,
				addresses, and telephone numbers of its legal counsel.
C. Each incorporated applicant for a
				certificate shall demonstrate that it is authorized to do business in the
				Commonwealth as a public service company.
D. Applicants shall be required to show their
				financial, managerial, and technical ability to render interexchange
				telecommunications services as follows:
1. As
				a minimum requirement, a showing of financial ability shall be made by
				attaching the applicant's most recent stockholder's annual report and its most
				recent Securities and Exchange Commission Form 10-K or, if the company is not
				publicly traded, its most recent financial statements.
2. To demonstrate managerial experience, each
				applicant shall attach a brief description of its history of providing
				interexchange telecommunications services and shall list the geographic areas
				in which it has been and is currently being provided. Newly created companies
				shall list the experience of each principal or officer in order to show its
				ability to provide service.
3.
				Technical abilities shall be indicated by a description and map of the
				applicant's owned or leased facilities within the Commonwealth. An additional
				map should be filed showing the applicant's points of presence within its
				proposed service area.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 411 - RULES GOVERNING THE CERTIFICATION OF INTEREXCHANGE CARRIERS › Section 20VAC5-411-40 - Abandonment or discontinuation of service

Current through Register Vol. 40, No. 24, July 15, 2024
No interexchange carrier shall abandon or discontinue
				  service, or any part of service established under provisions of § 56-265.4:4 of
				  the Code of Virginia, except with the approval of the commission, and under the
				  terms and conditions as the commission may prescribe.
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 411 - RULES GOVERNING THE CERTIFICATION OF INTEREXCHANGE CARRIERS › Section 20VAC5-411-50 - Reports to State Corporation Commission

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each interexchange carrier annually shall
				file a current financial report with the commission, shall maintain Virginia
				books, and shall maintain such books in accordance with generally accepted
				accounting principles, and as shall be required by the commission to facilitate
				its assessment of all taxes and to facilitate the performance of its regulatory
				responsibilities.
B. Carriers shall
				file with the commission on a monthly basis a report showing monthly usage of
				local exchange telephone services and facilities as required by §§ 56-482.1 and
				56-482.2 of the Code of Virginia.
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 411 - RULES GOVERNING THE CERTIFICATION OF INTEREXCHANGE CARRIERS › Section 20VAC5-411-60 - Suspension or revocation of certificate

Current through Register Vol. 40, No. 24, July 15, 2024
A. No carrier shall unreasonably discriminate
				among subscribers requesting service. Any finding of discrimination shall be
				grounds for suspension or revocation of the certificate of public convenience
				and necessity granted by the commission.
B. Excessive subscriber complaints against an
				interexchange carrier, that the commission has found to be meritorious may also
				be grounds for suspension or revocation of the carrier's certificate of public
				convenience and necessity.
C. In
				all proceedings pursuant to this section, the commission shall give notice to
				the carrier of the allegations against it and provide the carrier with an
				opportunity to be heard concerning those allegations prior to the suspension or
				revocation of the carrier's certificate of public convenience and
				necessity.
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 411 - RULES GOVERNING THE CERTIFICATION OF INTEREXCHANGE CARRIERS › Section 20VAC5-411-70 - State Corporation Commission authority to set rates

Current through Register Vol. 40, No. 24, July 15, 2024
Should the commission ever determine, after notice to the
				  public and any affected interexchange carriers and after an opportunity is
				  afforded for any interested party to be heard, that competition, although
				  previously found by the commission to exist, has ceased to exist among
				  interexchange carriers, it may, pursuant to § 56-241 of the Code of Virginia,
				  require that the rates of such carriers be determined pursuant to Chapter 10 (§
				  56-232 et seq.) of Title 56 of the Code of Virginia.
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 411 - RULES GOVERNING THE CERTIFICATION OF INTEREXCHANGE CARRIERS › Section 20VAC5-411-80 - Proposed rate increases

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Carriers shall give notice of proposed rate increases to subscribers by (i)
				billing inserts furnished at least two weeks prior to the increase, (ii)
				publication for two consecutive weeks as display advertising in newspapers
				having general circulation in the area served by the carrier with the last
				publication appearing at least two weeks prior to the increase, or (iii) direct
				written notification to each affected subscriber at least two weeks prior to
				the increase.
B. The notice shall
				state the subscribers' existing rates, the proposed rates and the percentage
				change between the two.
C. Rate
				revisions which result in no increase to subscribers may be implemented without
				notice.
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 411 - RULES GOVERNING THE CERTIFICATION OF INTEREXCHANGE CARRIERS › Section 20VAC5-411-90 - Exclusion

Current through Register Vol. 40, No. 24, July 15, 2024
These rules shall not apply to domestic cellular radio
				  telecommunications carriers.
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 413 - RULES GOVERNING DISCONNECTION OF LOCAL EXCHANGE TELEPHONE SERVICE › Section 20VAC5-413-10 - Disconnection of local exchange service for failure to pay

Current through Register Vol. 40, No. 24, July 15, 2024
A. A LEC may disconnect local exchange
				services, including basic telephone service for a customer's failure to pay
				fully for such local exchange services or basic telephone service when those
				services are found in the LEC's tariff on file with the commission and there is
				no bona fide dispute concerning those services.
B. A LEC may disconnect a bundled service for
				a customer's failure to pay fully for the bundled service when the bundled
				service is considered a basic bundle and the description and full price of the
				basic bundle are found in the LEC's tariff on file with the commission, and
				there is no bona fide dispute concerning the basic bundle.
C. A LEC may disconnect local exchange
				services, including basic telephone service, or a basic bundle identified in
				subsections A and B of this section, for a customer's failure to pay the SLC,
				USF, or TRS fees or surcharges billed by the LEC. If billed on behalf of an
				affiliate, the SLC, USF, or TRS fees or surcharges or a portion thereof must be
				associated with a basic bundle.
1. The LEC
				must provide written notice to the commission's Division of Communications of
				the SLC, USF, or TRS fees or surcharges. This notice shall include the fee or
				surcharge name as it appears on the customer's bill, an explanation of the
				charge, and the billed amount. The LEC is responsible for the timely submission
				of information to the Division of Communications on any changes to the amount,
				name, explanation, or applicability of the fees or surcharges. A LEC shall not
				disconnect a customer's local exchange services, including basic telephone
				service, or a basic bundle, for failure to pay any of these fees or surcharges
				if this notice has not been submitted to the Division of Communications, or the
				information provided is not current.
2. The SLC, USF, and TRS fees and surcharges
				must be separately identified on the customer's bill for the LEC to have
				authority to disconnect local exchange services, including basic telephone
				service, or a basic bundle, for nonpayment of any of these fees or
				surcharges.
3. A LEC may petition
				the commission for similar treatment of additional fees or surcharges as is
				provided for the SLC, USF, and TRS in this subsection. Any such petition shall
				provide sufficient documentation and rationale for the request. The commission
				may grant such treatment for an additional fee or surcharge for an individual
				LEC or on behalf of all LECs.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 413 - RULES GOVERNING DISCONNECTION OF LOCAL EXCHANGE TELEPHONE SERVICE › Section 20VAC5-413-20 - Customer bill and directory information

Current through Register Vol. 40, No. 24, July 15, 2024
A. A LEC shall indicate on a customer's bill
				either those items for which local exchange services, including basic telephone
				service, or a basic bundle, may be disconnected, or those items for which such
				services may not be disconnected for failure to pay, and shall include an
				explanation, by footnote or otherwise, that local exchange services, including
				basic telephone service, or a basic bundle, may not be disconnected for failure
				to pay for other services.
B. The
				form of this notification and any subsequent modifications must receive prior
				approval from the commission's Division of Communications.
C. LEC White Pages telephone directories
				shall include an explanation of the services for which local exchange services,
				including basic telephone service and basic bundles, may be disconnected for
				failure to pay, an explanation that billing disputes may be referred to the
				commission's Division of Communications, and a listing of the division's
				toll-free and local telephone numbers.
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 413 - RULES GOVERNING DISCONNECTION OF LOCAL EXCHANGE TELEPHONE SERVICE › Section 20VAC5-413-25 - Customer notice of disconnection

Current through Register Vol. 40, No. 24, July 15, 2024
A. A LEC shall provide a customer written
				notice by mail, or may use e-mail notice if the customer elects to be billed
				electronically, of the potential disconnection of basic telephone service or a
				basic bundle. Notice shall be sent separate from the customer's bill, and must
				be mailed at least 10 days prior to the planned disconnection date stated on
				the notice.
B. A LEC may be
				permitted to provide the notice required in subsection A in a different format
				or vehicle if a request with supporting rationale is submitted to and approved
				by the Division of Communications.
C. The notice shall clearly identify the
				amount that must be paid to prevent disconnection of the customer's basic
				telephone service or a basic bundle. That amount may or may not be the total
				outstanding amount owed to the LEC. The notice shall also include the date by
				which the payment must be received by the LEC to avoid disconnection.
D. The notice shall include the toll-free
				number of the LEC for customer inquiries about the notice or to make payment
				arrangements.
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 413 - RULES GOVERNING DISCONNECTION OF LOCAL EXCHANGE TELEPHONE SERVICE › Section 20VAC5-413-30 - Access to interexchange carriers

Current through Register Vol. 40, No. 24, July 15, 2024
A LEC, at the request of an IXC, may use selective toll
				  blocking to restrict a customer's access to that IXC when the long-distance
				  charges of that IXC have not been paid by that customer; but the LEC may not
				  block that customer's access to other IXCs for such
				  nonpayment.
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 413 - RULES GOVERNING DISCONNECTION OF LOCAL EXCHANGE TELEPHONE SERVICE › Section 20VAC5-413-35 - Customer billing disputes

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Any billing dispute between the LEC and a customer that is being investigated
				by the LEC shall be considered a bona fide dispute until the LEC completes its
				investigation and advises the customer of its determination. The customer's
				service or services, which are subject to the dispute, shall not be
				disconnected pending resolution of a bona fide dispute.
B. Any billing dispute between a customer and
				a LEC that is being investigated by the Division of Communications shall be
				considered a bona fide dispute until such time as the Division of
				Communications completes its investigation and advises the customer and LEC of
				the disposition of the dispute. A customer's service or services, which are
				subject to the dispute, shall not be disconnected pending resolution by the
				Division of Communications of a bona fide dispute.
C. A customer with a bona fide dispute under
				investigation by either the LEC or commission is required to pay on time the
				undisputed portion of the bill. If requested, the LEC shall assist the customer
				with determining the undisputed portion of the bill, including any associated
				taxes, surcharges, and fees.
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 413 - RULES GOVERNING DISCONNECTION OF LOCAL EXCHANGE TELEPHONE SERVICE › Section 20VAC5-413-40 - Payment credits

Current through Register Vol. 40, No. 24, July 15, 2024
Customer payments that are less than the total bill balance
				  shall be credited first to tariffed local exchange services, including basic
				  telephone service, basic bundles, and fees and surcharges, where nonpayment
				  would result in a customer being disconnected from basic telephone service or a
				  basic bundle. Any remainder shall be credited to any other charges on the
				  bill.
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 413 - RULES GOVERNING DISCONNECTION OF LOCAL EXCHANGE TELEPHONE SERVICE › Section 20VAC5-413-50 - Waiver

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.