As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 235 5
1999-2000 6
SENATOR RAY 8
_________________________________________________________________ 10
A B I L L
To amend sections 4927.01 and 4927.02 and to enact 12
sections 4905.08, 4927.10 to 4927.14, 4927.20 to 13
4927.25, and 4927.30 of the Revised Code to 14
promote telecommunications competition and
enhance Ohio's telecommunications infrastructure, 15
by allowing a transition to competitively priced 16
services by an electing local exchange carrier 17
making certain infrastructure investment,
removing restrictions on service areas for 18
certain local exchange carriers, and specifying 19
state regulation of wholesale public
telecommunication services and retail pay phone 20
service; and to authorize protective orders for 21
certain information filed by a public utility. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 4927.01 and 4927.02 be amended 26
and sections 4905.08, 4927.10, 4927.11, 4927.12, 4927.13, 27
4927.14, 4927.20, 4927.21, 4927.22, 4927.23, 4927.24, 4927.25, 28
and 4927.30 of the Revised Code be enacted to read as follows: 29
Sec. 4905.08. (A) UPON MOTION OF ANY PARTY, THE PUBLIC 31
UTILITIES COMMISSION, OR ANY OFFICER OR EMPLOYEE THAT THE 32
COMMISSION SHALL DESIGNATE BY RULE, MAY ISSUE A PROTECTIVE ORDER 34
OF UNLIMITED DURATION IMPOSING EITHER OR BOTH OF THE FOLLOWING 35
CONDITIONS:
(1) TRADE SECRET OR OTHER CONFIDENTIAL RESEARCH, 37
DEVELOPMENT, COMMERCIAL, OR OTHER INFORMATION FILED WITH OR 38
2
PROVIDED TO THE COMMISSION OR ITS STAFF OR ACQUIRED THROUGH 39
DISCOVERY IS NOT DISCLOSED OR IS DISCLOSED ONLY IN A DESIGNATED 40
MANNER OR ONLY TO DESIGNATED PERSONS OR CLASSES OF PERSONS. 41
(2) SUCH INFORMATION IS USED ONLY FOR THE PURPOSE OF A 43
PENDING PROCEEDING BEFORE THE COMMISSION. 44
(B) A MOTION MADE PURSUANT TO DIVISION (A) OF THIS SECTION 47
SHALL BE PRESUMED TO BE VALID AND SHALL BE GRANTED IF THE 48
INFORMATION SOUGHT TO BE PROTECTED CONSISTS OF COST STUDIES, 49
CUSTOMER USAGE DATA, BUSINESS PLANS OR STUDIES, MARKETING PLANS 50
OR STUDIES, OR THE IDENTITY OF CUSTOMERS ENTERING INTO 51
COMPETITIVE CONTRACTS. A PARTY OPPOSING SUCH A MOTION HAS THE 52
BURDEN OF DEMONSTRATING THAT SUCH A PROTECTIVE ORDER SHOULD NOT 53
BE ISSUED. 54
(C) INFORMATION THAT IS THE SUBJECT OF A PROTECTIVE ORDER 56
GRANTED PURSUANT TO THIS SECTION, OR PURSUANT TO OTHER AUTHORITY 57
OF THE COMMISSION OR ANY OFFICER OR EMPLOYEE OF THE COMMISSION 58
ACTING UNDER DELEGATED AUTHORITY, IS NOT A PUBLIC RECORD FOR 59
PURPOSES OF SECTION 149.43 OF THE REVISED CODE AND SHALL NOT BE 60
PUBLIC OR OPEN TO INSPECTION UNDER SECTION 4905.07 OF THE REVISED 61
CODE.
(D) THE COMMISSION BY RULE OR ORDER MAY PREVENT THE PUBLIC 63
RELEASE OF TRADE SECRET OR OTHER CONFIDENTIAL RESEARCH, 64
DEVELOPMENT, OR COMMERCIAL INFORMATION FILED WITH OR PROVIDED TO 66
THE COMMISSION IF THE COMMISSION FINDS THAT THE ACTION IS
NECESSARY TO ENSURE THAT THE COMMISSION OBTAINS INFORMATION TO 67
CARRY OUT TITLE XLIX OF THE REVISED CODE. INFORMATION THAT IS 68
SUBJECT TO ANY SUCH RULE OR ORDER IS NOT A PUBLIC RECORD FOR 69
PURPOSES OF SECTION 149.43 OF THE REVISED CODE AND SHALL NOT BE 70
PUBLIC OR OPEN TO INSPECTION UNDER SECTION 4905.07 OF THE REVISED 71
CODE.
Sec. 4927.01. (A) As used in this chapter: 80
(A)(1) "ADVANCED SERVICES" MEANS WIRELINE 82
TELECOMMUNICATIONS SERVICES, SUCH AS ADSL, IDSL, xDSL, FRAME 85
RELAY, CELL RELAY, OR OTHER COMPARABLE SERVICES THAT RELY ON
3
PACKET TECHNOLOGY AND HAVE THE CAPABILITY OF SUPPORTING 86
TRANSMISSION SPEEDS OF AT LEAST FIFTY-SIX KILOBITS PER SECOND IN 88
BOTH DIRECTIONS. "ADVANCED SERVICES" DOES NOT INCLUDE ANY OF THE 89
FOLLOWING:
(a) DATA SERVICES THAT ARE NOT PRIMARILY BASED ON PACKET 91
TECHNOLOGY, SUCH AS ISDN; 92
(b) X.25-BASED AND X.75-BASED PACKET TECHNOLOGIES; 95
(c) CIRCUIT SWITCHED SERVICES, SUCH AS CIRCUIT SWITCHED 97
VOICE GRADE SERVICE, REGARDLESS OF THE TECHNOLOGY, PROTOCOL, OR 98
SPEED USED FOR THE TRANSMISSION OF THOSE SERVICES. 99
(2) "Basic local exchange service" means the end user and 101
carrier access to and usage of telephone company-provided LOCAL 102
EXCHANGE CARRIER-PROVIDED facilities that enable customers, over 104
a local exchange telephone company CARRIER'S CIRCUIT SWITCHED 105
network operated within a local service area, to originate or 107
receive voice grade, data, or image communications and to access 108
interexchange or other networks.
(B)(3) "Cable television service" means any transmission 110
of video or other programming service to subscribers and any 111
subscriber interaction required for the selection of that video 112
or other programming service. 113
(C)(4) "ELECTING CARRIER" MEANS A LOCAL EXCHANGE CARRIER 115
THAT MAKES THE ELECTION AUTHORIZED IN SECTION 4927.10 OF THE 116
REVISED CODE.
(5) "EXCHANGE ACCESS" MEANS THE OFFERING OF ACCESS TO A 118
LOCAL EXCHANGE CARRIER'S TELEPHONE EXCHANGE SERVICES OR 119
FACILITIES FOR THE PURPOSE OF ORIGINATING OR TERMINATING CALLS 120
THAT DO NOT BOTH ORIGINATE AND TERMINATE WITHIN A LOCAL SERVICE 121
AREA.
(6) "FACILITIES-BASED COMPETITION" MEANS THE OFFERING OR 123
PROVISION OF BASIC LOCAL EXCHANGE SERVICE TO ONE OR MORE END USER 124
CUSTOMERS IN THE WIRE CENTER OF AN INCUMBENT LOCAL EXCHANGE 125
CARRIER BY A LOCAL EXCHANGE CARRIER, OTHER THAN BY RESALE 126
PURSUANT TO 47 U.S.C.A. 251(c)(4), 113 STAT. 1287. 128
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(7) "INCUMBENT LOCAL EXCHANGE CARRIER" HAS THE SAME 130
MEANING AS IN 47 U.S.C.A. 251(h), 113 STAT. 1287, AS THAT 132
DEFINITION IS INTERPRETED SOLELY BY THE FEDERAL COMMUNICATIONS 133
COMMISSION.
(8) "LOCAL EXCHANGE CARRIER" MEANS A TELEPHONE COMPANY 135
THAT PROVIDES TELEPHONE EXCHANGE SERVICE OR EXCHANGE ACCESS. 136
HOWEVER, "LOCAL EXCHANGE CARRIER" DOES NOT INCLUDE A PERSON 137
INSOFAR AS THAT PERSON IS ENGAGED IN THE BUSINESS OF PROVIDING 138
COMMERCIAL MOBILE SERVICE UNDER 47 U.S.C.A. 332(c), 110 STAT. 61, 140
151, AND 153, EXCEPT TO THE EXTENT THAT THE FEDERAL 141
COMMUNICATIONS COMMISSION FINDS UNDER 47 U.S.C.A. 153(26), 111 143
STAT. 258, THAT SUCH A PERSON IS A LOCAL EXCHANGE CARRIER.
(9) "Local service area" means the geographic area within 145
which a telephone LOCAL EXCHANGE CARRIER'S customer may complete 146
a call to another telephone customer without being assessed long 147
distance toll charges. 148
(D)(10)(a) "PRIMARY BASIC LOCAL EXCHANGE SERVICE" MEANS 151
BASIC LOCAL EXCHANGE SERVICE THAT CONSISTS OF ALL OF THE 152
FOLLOWING:
(i) A SINGLE, VOICE GRADE CONNECTION PROVIDING ACCESS TO 155
THE PUBLIC SWITCHED NETWORK AND HAVING THE ABILITY TO PLACE AND 156
RECEIVE CALLS; 157
(ii) CALLING WITHIN THE LOCAL CALLING AREA AS SUCH AREA 159
EXISTS ON THE FILING DATE OF A NOTICE OF ELECTION UNDER SECTION
4927.10 OF THE REVISED CODE. FLAT RATE CALLING SHALL BE PROVIDED 160
FOR RESIDENTIAL CUSTOMERS. AT A RESIDENTIAL CUSTOMER'S OPTION, 162
MEASURED RATE LOCAL CALLING SHALL BE PROVIDED IF AVAILABLE. 163
(iii) DUAL TONE MULTI-FREQUENCY, OR "TOUCH TONE," DIALING 165
AVAILABILITY; 166
(iv) ACCESS TO EMERGENCY SERVICES THROUGH BASIC OR 168
ENHANCED 9-1-1 SERVICE WHERE PROVIDED BY LOCAL AUTHORITIES; 170
(v) ACCESS TO BASIC OPERATOR SERVICES; 172
(vi) ONE STANDARD WHITE PAGES DIRECTORY LISTING; 175
(vii) ACCESS TO BASIC LOCAL DIRECTORY ASSISTANCE; 178
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(viii) ACCESS TO LONG DISTANCE TOLL SERVICE PROVIDERS; 180
(ix) ACCESS TO TELECOMMUNICATIONS RELAY SERVICE; 183
(x) AVAILABILITY OF CALL BLOCKING, CALLING NUMBER DELIVERY 185
BLOCKING, AND TOLL BLOCKING SERVICES AS REQUIRED BY PUBLIC 186
UTILITIES COMMISSION RULE ON THE EFFECTIVE DATE OF THIS 187
AMENDMENT.
(b) "PRIMARY BASIC LOCAL EXCHANGE SERVICE" DOES NOT 190
INCLUDE EITHER OF THE FOLLOWING:
(i) VOICE GRADE CONNECTIONS OTHER THAN THE FIRST VOICE 193
GRADE CONNECTION TO A CUSTOMER'S PREMISES; 194
(ii) ANY SERVICE PROVIDED TO A CUSTOMER'S PREMISES IF MORE 196
THAN THREE VOICE GRADE CONNECTIONS ARE PROVIDED TO THOSE 197
PREMISES.
(11)(a) "Public telecommunications service" means the 199
SWITCHING OR transmission, OR BOTH, by a telephone company, by 200
electromagnetic or other means, of signs, signals, writings, 202
images, sounds, messages, or data originating and terminating in 203
this state regardless of actual call routing, but. "PUBLIC 204
TELECOMMUNICATIONS SERVICE" does not include a ANY OF THE 206
FOLLOWING:
(i) A system, including its construction, maintenance, or 209
operation, for the provision of telecommunications service, or 210
any portion of such service, by any entity for the sole and 211
exclusive use of that entity, its parent, a subsidiary, or an 212
affiliated entity, and not for resale, directly or indirectly; 213
the
(ii) THE provision of terminal equipment used to originate 216
or terminate telecommunications service; broadcast 217
(iii) BROADCAST transmission by radio, television, or 219
satellite broadcast stations regulated by the federal government; 220
or cable 221
(iv) CABLE television service.; 223
(E)(v) ADVANCED SERVICES; 225
(vi) THE PROVISION OR PUBLICATION OF CLASSIFIED DIRECTORY 227
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ADVERTISING; 228
(vii) THE INSTALLATION, MAINTENANCE, OR REPAIR OF CUSTOMER 230
PREMISES WIRING; 231
(viii) VOICE MAIL OR TELEPHONE ANSWERING SERVICES; 233
(ix) BILLING AND COLLECTION SERVICES PROVIDED BY A 235
TELEPHONE COMPANY TO OTHER ENTITIES ON A COMMERCIAL BASIS. 237
(12) "RESIDENTIAL" REFERS TO SERVICE THAT IS PROVIDED AT 239
RESIDENTIAL LOCATIONS AND IS USED PRIMARILY OR SUBSTANTIALLY FOR 240
SOCIAL OR DOMESTIC PURPOSES. 241
(13) "SWITCHED ACCESS SERVICE" MEANS A COMPONENT OF 244
EXCHANGE ACCESS UNDER WHICH, THROUGH AN END OFFICE SWITCH, 245
COMMUNICATIONS ARE PROVIDED BETWEEN A CUSTOMER'S PREMISES AND AN 246
INTEREXCHANGE CARRIER'S POINT OF INTERCONNECTION WITH A LOCAL 247
EXCHANGE CARRIER'S NETWORK FOR THE ORIGINATION OR TERMINATION OF 248
END-USER CALLS THAT DO NOT BOTH ORIGINATE AND TERMINATE WITHIN A 249
LOCAL SERVICE AREA.
(14) "Telephone company" means any company described in 251
division (A)(2) of section 4905.03 of the Revised Code that is a 252
public utility under section 4905.02 of the Revised Code. 253
(15) "WHOLESALE PUBLIC TELECOMMUNICATIONS SERVICE" MEANS 255
ANY OF THE FOLLOWING: 256
(a) SERVICE OFFERED FOR RESALE PURSUANT TO 47 U.S.C.A. 260
251(c)(4), 113 STAT. 1287; 261
(b) INTERCONNECTION SERVICE OFFERED PURSUANT TO 47 265
U.S.C.A. 251(c)(2), 113 STAT. 1287; 266
(c) AN UNBUNDLED NETWORK ELEMENT OFFERED PURSUANT TO 47 269
U.S.C.A. 251(c)(3), 113 STAT. 1287; 270
(d) COLLOCATION SERVICE OFFERED PURSUANT TO 47 U.S.C.A. 274
251(c)(6), 113 STAT. 1287. 275
(B) TERMS USED BUT NOT DEFINED IN THIS CHAPTER HAVE THE 277
SAME MEANINGS AS IN 47 U.S.C.A. 153, 111 STAT. 258. 280
Sec. 4927.02. (A) It is the policy of this state UNDER 289
THIS CHAPTER to: 290
(1) Ensure the availability of adequate basic local 292
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exchange service to citizens throughout the THIS state BY 293
ALLOWING AND ENCOURAGING COMPETITION TO DETERMINE THE 294
AVAILABILITY, PRICES, TERMS, AND OTHER CONDITIONS OF PROVIDING 295
PUBLIC TELECOMMUNICATIONS SERVICES;
(2) Maintain MODIFY OUTDATED REGULATION AND ELIMINATE 297
UNNECESSARY REGULATION, TO ALLOW COMPETITION TO MAINTAIN just and 298
reasonable rates, rentals, tolls, and charges for public 299
telecommunications service SERVICES; 300
(3) Encourage innovation AND INVESTMENT in the 302
telecommunications industry; 303
(4) Promote diversity and options in the supply of public 305
telecommunications services and equipment throughout the THIS 306
state THROUGH THE IMPLEMENTATION OF FULL AND FAIR COMPETITION IN 307
THE PROVISION OF ALL PUBLIC TELECOMMUNICATIONS SERVICES, ENABLING 308
CONSUMERS TO CHOOSE PUBLIC TELECOMMUNICATIONS SERVICES AND 309
TELEPHONE COMPANIES IN A COMPETITIVE MARKET, AS AUTHORIZED BY THE 310
"TELECOMMUNICATIONS ACT OF 1996," PUB. L. NO. 104-104, 110 STAT. 311
56; 312
(5) Recognize the continuing emergence of a competitive 314
telecommunications environment through flexible regulatory 315
treatment of public telecommunications services where 316
appropriate;
(6) PROVIDE A TRANSITION FROM TRADITIONAL REGULATION TO A 318
COMPETITIVE MARKET FOR PUBLIC TELECOMMUNICATIONS SERVICES BY 319
PROVIDING INVESTMENT INCENTIVES THROUGH RATIONAL ECONOMIC PRICING 320
OF THOSE SERVICES;
(7) ENSURE ADEQUATE PROTECTION TO CONSUMERS OF THOSE 322
SERVICES DURING THAT TRANSITION. 323
(B) The public utilities commission shall consider the 325
policy set forth in this section in carrying out sections 4927.03 326
and 4927.04 of the Revised Code THIS CHAPTER. 327
Sec. 4927.10. (A) A LOCAL EXCHANGE CARRIER, INCLUDING A 329
LOCAL EXCHANGE CARRIER OPERATING UNDER AN EXEMPTION, ALTERNATIVE 330
REGULATORY REQUIREMENTS, OR ALTERNATIVE METHOD OF ESTABLISHING 332
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RATES AND CHARGES AUTHORIZED UNDER SECTION 4927.03 OR 4927.04 OF 333
THE REVISED CODE, AND INCLUDING A LOCAL EXCHANGE CARRIER 334
OPERATING UNDER THE PLAN OF ALTERNATIVE REGULATION DESCRIBED IN 335
SECTION 3 OF SUB. S.B. 306 OF THE 121st GENERAL ASSEMBLY, MAY 337
FILE WITH THE PUBLIC UTILITIES COMMISSION A NOTICE OF ELECTION 338
FOR THE AUTHORITY SPECIFIED IN DIVISION (B) OF THIS SECTION. THE 339
ELECTION SHALL NOT INVOKE THE PROVISIONS OF SECTION 4927.03 OR 340
4927.04 OF THE REVISED CODE AND SHALL NOT BE SUBJECT TO 341
COMMISSION APPROVAL. 342
(B) ON THE FILING DATE OF A NOTICE OF ELECTION UNDER 344
DIVISION (A) OF THIS SECTION AND FOR THE DURATION OF THE ELECTION 345
UNDER THAT FILING, WHICH SHALL NOT BE LESS THAN FIVE YEARS, ALL 346
OF THE FOLLOWING APPLY: 347
(1) NOTWITHSTANDING ANY EXPRESS OR IMPLIED LIMITATION 349
CONTAINED IN AN EXEMPTION, ALTERNATIVE REGULATORY REQUIREMENTS, 350
OR AN ALTERNATIVE METHOD OF ESTABLISHING RATES AND CHARGES 351
AUTHORIZED UNDER SECTION 4927.03 OR 4927.04 OF THE REVISED CODE, 352
IN ANY RELATED DOCUMENT, OR IN THE PLAN OF ALTERNATIVE REGULATION 353
DESCRIBED IN SECTION 3 OF SUB. S.B. 306 OF THE 121st GENERAL 356
ASSEMBLY OR ANY RELATED DOCUMENT, THE ELECTING CARRIER'S 358
ELECTION, AS FILED, SHALL HAVE THE EFFECT OF SUPERSEDING THE 359
EXISTING REGULATION BY THIS STATE OF THE RATES, TERMS, AND 360
CONDITIONS OF THE CARRIER'S PUBLIC TELECOMMUNICATIONS SERVICES, 361
AND REPLACING THAT REGULATION WITH THE REGULATION AUTHORIZED 362
UNDER SECTIONS 4927.10 TO 4927.14 OF THE REVISED CODE.
(2) THE RATES, TERMS, AND CONDITIONS FOR THE PUBLIC 364
TELECOMMUNICATIONS SERVICES OF THE ELECTING CARRIER THAT ARE IN 365
EFFECT ON THE DATE OF THE FILING, WHETHER SPECIFIED IN THE 366
CARRIER'S SCHEDULES FILED UNDER SECTION 4905.30 OF THE REVISED 367
CODE, IN END-USER CONTRACTS, OR OTHERWISE, ARE DEEMED JUST AND 368
REASONABLE AND THEREAFTER SHALL BE REGULATED BY THIS STATE ONLY 369
TO THE EXTENT PROVIDED IN SECTIONS 4927.11 TO 4927.14 OF THE 370
REVISED CODE.
(3) THE EARNINGS OF THE ELECTING CARRIER SHALL NOT BE 372
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SUBJECT TO REGULATION UNDER THIS TITLE FOR ANY PURPOSE, 374
INCLUDING, BUT NOT LIMITED TO, RATE OF RETURN REGULATION OR RATE 375
BASE OR EARNINGS MONITORING OR REPORTING.
(4) THE ELECTING CARRIER MAY CONTINUE TO FOLLOW THE 377
UNIFORM SYSTEM OF ACCOUNTS, OR MAY DETERMINE AND ACCOUNT FOR ITS 378
INVESTMENTS, REVENUES, AND EXPENSES, INCLUDING DEPRECIATION 379
EXPENSES, IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING 380
PRINCIPLES. IF THE ELECTING CARRIER CHOOSES THE LATTER, THE 381
COMMISSION'S JURISDICTION OVER THE ELECTING CARRIER'S ACCOUNTING 382
PRACTICES SHALL BE LIMITED TO ENSURING THAT THOSE PRACTICES ARE 383
NOT INCONSISTENT WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. 384
(5) THE ELECTING CARRIER SHALL NOT BE SUBJECT TO ANY 386
COMMISSION RULE OR ORDER REQUIRING A SEPARATE SUBSIDIARY FOR ANY 387
PURPOSE. FURTHER, IF REQUIRED BY FEDERAL LAW TO ESTABLISH A 388
SEPARATE SUBSIDIARY TO PROVIDE ANY SERVICE, THE ELECTING CARRIER 389
SHALL NOT BE SUBJECT TO ANY COMMISSION RULE OR ORDER THAT WOULD 390
IMPOSE ANY ADDITIONAL REQUIREMENT RELATING TO THE CARRIER'S 391
RELATIONSHIP WITH THE SUBSIDIARY.
(6) THE ELECTING CARRIER MAY PACKAGE ANY OF ITS SERVICES 393
WITH ANY OTHER SERVICE IT OR ANY OTHER ENTITY OFFERS, WITH OR 394
WITHOUT A DISCOUNT, PROVIDED THAT PRIMARY BASIC LOCAL EXCHANGE 395
SERVICE MAY BE PURCHASED SEPARATELY AT RATES ESTABLISHED IN 396
ACCORDANCE WITH SECTIONS 4927.11 TO 4927.14 OF THE REVISED CODE, 397
AND FURTHER PROVIDED THAT CUSTOMERS ARE INFORMED, THROUGH 398
REASONABLE MEANS, THAT PRIMARY BASIC LOCAL EXCHANGE SERVICE MAY 399
BE PURCHASED SEPARATELY. THE ELECTING CARRIER MAY CLOSE ANY SUCH
PACKAGE TO NEW CUSTOMERS. IT ALSO MAY WHOLLY WITHDRAW ANY SUCH 400
PACKAGE AFTER PROVIDING WRITTEN NOTICE TO EACH AFFECTED CUSTOMER 401
AT LEAST THIRTY DAYS IN ADVANCE. 402
(7) THE ELECTING CARRIER MAY OFFER TO ANY CUSTOMER BASIC 405
LOCAL EXCHANGE SERVICE, ANY OTHER PUBLIC TELECOMMUNICATIONS
SERVICE, OR ANY COMBINATION OF THOSE SERVICES, PURSUANT TO THE 406
TERMS AND CONDITIONS OF A CONTRACT ENTERED INTO BY THE ELECTING 407
CARRIER AND THE CUSTOMER. SUCH A CONTRACT MAY INCLUDE SERVICES 408
10
NOT REGULATED BY THE COMMISSION. 409
(8) DIVISION (B)(8) OF THIS SECTION APPLIES UNLESS THE 412
PUBLIC UTILITIES COMMISSION DETERMINES THAT SUFFICIENT 413
COMPETITION EXISTS WITHIN A SPECIFIC GEOGRAPHIC AREA TO 414
DEREGULATE THE INTRASTATE SWITCHED ACCESS SERVICE RATES IN EFFECT 415
WITHIN THAT AREA. THE MAXIMUM RATES FOR THE ELECTING CARRIER'S 416
INTRASTATE SWITCHED ACCESS SERVICE SHALL BE EQUAL TO ITS 417
INTRASTATE SWITCHED ACCESS RATES IN EFFECT ON THE FILING DATE OF 418
THE NOTICE OF ELECTION.
(C) THE ELECTING CARRIER, EITHER ITSELF OR THROUGH AN 420
AFFILIATE, SHALL DO BOTH OF THE FOLLOWING: 421
(1) IMPLEMENT AN ADVANCED SERVICES INFRASTRUCTURE THAT 423
REACHES SIXTY PER CENT OF THE CARRIER'S CUSTOMERS IN THIS STATE 424
WITHIN FOUR YEARS AFTER THE FILING DATE OF THE NOTICE OF ELECTION 425
UNDER DIVISION (A) OF THIS SECTION; 426
(2) OFFER AN ENHANCED LIFELINE SERVICE PLAN WITHIN THREE 428
MONTHS OF THAT FILING DATE AND FOR THE DURATION OF THE CARRIER'S 429
ELECTION. SUCH PLAN SHALL BE A PLAN FOR REDUCED RATES FOR 430
TELEPHONE SERVICE FOR ELIGIBLE CUSTOMERS THAT MEETS OR EXCEEDS 431
THE BENEFITS AVAILABLE UNDER ANY PLAN OF ALTERNATIVE REGULATION 432
APPROVED BY THE PUBLIC UTILITIES COMMISSION AND OFFERED ON THE 433
EFFECTIVE DATE OF THIS SECTION.
Sec. 4927.11. FOR THE DURATION OF THE TWO-YEAR PERIOD 435
BEGINNING ON THE FILING DATE OF A NOTICE OF ELECTION UNDER 436
SECTION 4927.10 OF THE REVISED CODE:
(A) THE MAXIMUM RATES AND CHARGES FOR THE PRIMARY BASIC 438
LOCAL EXCHANGE SERVICE OF THE ELECTING CARRIER SHALL BE THE RATES 440
AND CHARGES OF THAT CARRIER THAT ARE IN EFFECT ON THE FILING DATE 441
AND ARE SET FORTH IN THE CARRIER'S SCHEDULE FILED UNDER SECTION 443
4905.30 OF THE REVISED CODE. THE ELECTING CARRIER SHALL FILE A
SCHEDULE UNDER THAT SECTION SETTING FORTH THE MAXIMUM RATES AND 444
CHARGES FOR THE SERVICE AS AUTHORIZED BY THIS DIVISION AND ITS 445
ACTUAL RATES AND CHARGES, WHICH ACTUAL RATES AND CHARGES SHALL 446
NOT EXCEED THE MAXIMUM RATES AND CHARGES AUTHORIZED BY THIS 447
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DIVISION.
(B) THE ELECTING CARRIER AT ANY TIME MAY DECREASE SUCH 449
RATES AND CHARGES FOR ITS PRIMARY BASIC LOCAL EXCHANGE SERVICE BY 450
FILING A REVISED SCHEDULE WITH THE COMMISSION UNDER SECTION 451
4905.30 OF THE REVISED CODE.
(C) SUBSEQUENT TO A DECREASE UNDER DIVISION (B) OF THIS 453
SECTION, THE ELECTING CARRIER MAY INCREASE THE RATES AND CHARGES 454
FOR ITS PRIMARY BASIC LOCAL EXCHANGE SERVICE BY FILING A REVISED 455
SCHEDULE WITH THE COMMISSION UNDER SECTION 4905.30 OF THE REVISED 456
CODE, PROVIDED THAT THE INCREASED RATES AND CHARGES DO NOT EXCEED 457
THE MAXIMUM RATES AND CHARGES SET FORTH IN THE SCHEDULE FILED 458
UNDER DIVISION (A) OF THIS SECTION. 459
(D) THE ELECTING CARRIER MAY CHARGE DIFFERENT RATES OR 461
CHARGES FOR PRIMARY BASIC LOCAL EXCHANGE SERVICE WITHIN ANY 462
PORTION OF ITS LOCAL SERVICE AREA, PROVIDED ANY SUCH DIFFERENT 463
RATES OR CHARGES DO NOT EXCEED THE MAXIMUM RATES OR CHARGES SET 464
FORTH IN THE SCHEDULE FILED AND IN EFFECT UNDER DIVISION (A), 465
(B), OR (C) OF THIS SECTION AS APPLICABLE, AND PROVIDED ANY SUCH 466
DIFFERENT RATES OR CHARGES FOR RESIDENTIAL PRIMARY BASIC LOCAL 467
EXCHANGE SERVICE IN ANY AREA DO NOT EXCEED THE RATES AND CHARGES 468
FOR NONRESIDENTIAL PRIMARY BASIC LOCAL EXCHANGE SERVICE SET FORTH 469
IN THOSE SCHEDULES WITHIN THE SAME AREA IN WHICH THE CARRIER 470
PROVIDES THOSE SERVICES.
Sec. 4927.12. (A) UPON THE EXPIRATION OF THE TWO-YEAR 472
PERIOD SPECIFIED IN SECTION 4927.11 OF THE REVISED CODE, ALL OF 473
THE FOLLOWING APPLY TO THE RATES AND CHARGES FOR NONRESIDENTIAL 474
PRIMARY BASIC LOCAL EXCHANGE SERVICE IN A PARTICULAR WIRE CENTER 475
OF THE ELECTING CARRIER FOR AS LONG AS NONRESIDENTIAL BASIC LOCAL 476
EXCHANGE SERVICE IN THE WIRE CENTER IS NOT SUBJECT TO 477
FACILITIES-BASED COMPETITION AS DETERMINED PURSUANT TO DIVISION 479
(C) OF THIS SECTION, OR APPLY TO RESIDENTIAL PRIMARY BASIC LOCAL
EXCHANGE IN A PARTICULAR WIRE CENTER OF THE ELECTING CARRIER FOR 480
AS LONG AS RESIDENTIAL BASIC LOCAL EXCHANGE SERVICE IN THE WIRE 482
CENTER IS NOT SUBJECT TO FACILITIES-BASED COMPETITION AS SO 483
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DETERMINED:
(1) THE MAXIMUM RATES AND CHARGES FOR THAT SERVICE OF THE 485
ELECTING CARRIER IN THE WIRE CENTER SHALL BE THE MAXIMUM RATES 486
AND CHARGES OF THE CARRIER THAT ARE SET FORTH IN THE CARRIER'S 488
SCHEDULE FILED IN ACCORDANCE WITH DIVISION (A), (B), OR (C) OF 489
SECTION 4927.11 OF THE REVISED CODE AND THAT ARE IN EFFECT ON 490
THAT EXPIRATION DATE, INCREASED BY FIVE PER CENT. THE ELECTING 491
CARRIER SHALL FILE A SCHEDULE UNDER SECTION 4905.30 OF THE
REVISED CODE SETTING FORTH THE MAXIMUM RATES AND CHARGES FOR THE 492
SERVICE AS AUTHORIZED BY DIVISION (A)(1) OF THIS SECTION AND ITS 493
ACTUAL RATES AND CHARGES FOR THE SERVICE, WHICH ACTUAL RATES AND 496
CHARGES SHALL NOT EXCEED THE MAXIMUM RATES AND CHARGES AUTHORIZED
BY DIVISION (A)(1) OF THIS SECTION. 497
(2) ON EACH ANNUAL ANNIVERSARY FOLLOWING THE EXPIRATION 499
DATE OF THE TWO-YEAR PERIOD, THE MAXIMUM RATES AND CHARGES 500
PRESCRIBED IN DIVISION (A)(1) OF THIS SECTION SHALL BE INCREASED 501
BY FIVE PER CENT. THE ELECTING CARRIER SHALL FILE A SCHEDULE 502
UNDER SECTION 4905.30 OF THE REVISED CODE SETTING FORTH THE 503
MAXIMUM RATES AND CHARGES FOR THE SERVICE AS AUTHORIZED BY 504
DIVISION (A)(2) OF THIS SECTION AND ITS ACTUAL RATES AND CHARGES 506
FOR THE SERVICE, WHICH ACTUAL RATES AND CHARGES SHALL NOT EXCEED 507
THE MAXIMUM RATES AND CHARGES AUTHORIZED BY DIVISION (A)(2) OF 508
THIS SECTION.
(3) THE ELECTING CARRIER MAY DECREASE ITS ACTUAL RATES AND 510
CHARGES FOR THE SERVICE IN THE WIRE CENTER BY FILING WITH THE 511
COMMISSION UNDER SECTION 4905.30 OF THE REVISED CODE A REVISED 512
SCHEDULE SETTING FORTH THE MAXIMUM RATES AND CHARGES FOR THE 513
SERVICE AS AUTHORIZED BY DIVISION (A)(1) OR (2) OF THIS SECTION 514
AND THE DECREASED ACTUAL RATES AND CHARGES FOR THE SERVICE. 515
(4) SUBSEQUENT TO ANY DECREASE UNDER DIVISION (A)(3) OF 517
THIS SECTION, THE ELECTING CARRIER MAY INCREASE ITS ACTUAL RATES 518
AND CHARGES FOR THE SERVICE IN THE WIRE CENTER BY FILING WITH THE 519
COMMISSION UNDER SECTION 4905.30 OF THE REVISED CODE A REVISED 520
SCHEDULE SETTING FORTH THE MAXIMUM RATES AND CHARGES FOR THE 521
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SERVICE AS AUTHORIZED BY DIVISION (A)(1) OR (2) OF THIS SECTION 522
AND THE INCREASED ACTUAL RATES AND CHARGES FOR THE SERVICE, 523
PROVIDED THAT THE INCREASED RATES AND CHARGES DO NOT EXCEED THE 524
MAXIMUM RATES AND CHARGES SET FORTH IN THE SCHEDULE FILED UNDER 525
DIVISION (A)(1) OR (2) OF THIS SECTION. 526
(5) THE ELECTING CARRIER MAY CHARGE DIFFERENT ACTUAL RATES 528
AND CHARGES FOR THE SERVICE WITHIN ANY PORTION OF ITS LOCAL 529
SERVICE AREA, PROVIDED ANY SUCH DIFFERENT RATES OR CHARGES DO NOT 530
EXCEED THE RATES OR CHARGES SET FORTH IN THE SCHEDULE FILED AND 531
IN EFFECT UNDER DIVISION (A)(1), (2), (3), OR (4) OF THIS SECTION 532
AS APPLICABLE, AND PROVIDED ANY SUCH DIFFERENT ACTUAL RATES OR 533
CHARGES FOR RESIDENTIAL PRIMARY BASIC LOCAL EXCHANGE SERVICE DO 534
NOT EXCEED THE ACTUAL RATES AND CHARGES FOR NONRESIDENTIAL 535
PRIMARY BASIC LOCAL EXCHANGE SERVICE SET FORTH IN THOSE SCHEDULES 536
WITHIN ANY AREA IN WHICH THE CARRIER PROVIDES THOSE SERVICES. 537
(B)(1) ON AND AFTER THE EXPIRATION OF THE TWO-YEAR PERIOD 539
SPECIFIED IN SECTION 4927.11 OF THE REVISED CODE AND ONCE THE 541
NONRESIDENTIAL BASIC LOCAL EXCHANGE SERVICE IN A PARTICULAR WIRE
CENTER OF THE ELECTING CARRIER IS SUBJECT TO FACILITIES-BASED 543
COMPETITION AS DETERMINED PURSUANT TO DIVISION (C) OF THIS 544
SECTION, THE RATES AND CHARGES OF THE ELECTING CARRIER FOR 545
NONRESIDENTIAL PRIMARY BASIC LOCAL EXCHANGE SERVICE IN THE WIRE
CENTER SHALL BE ESTABLISHED PURSUANT TO SECTION 4927.14 OF THE 547
REVISED CODE ONLY AND SHALL NOT BE SUBJECT TO REGULATION BY THIS 548
STATE.
(2) ON AND AFTER THE EXPIRATION OF THE TWO-YEAR PERIOD 550
SPECIFIED IN SECTION 4927.11 OF THE REVISED CODE AND ONCE THE 551
RESIDENTIAL BASIC LOCAL EXCHANGE SERVICE IN A PARTICULAR WIRE 552
CENTER OF THE ELECTING CARRIER IS SUBJECT TO FACILITIES-BASED 553
COMPETITION AS DETERMINED PURSUANT TO DIVISION (C) OF THIS 554
SECTION, THE RATES AND CHARGES OF THE ELECTING CARRIER FOR 555
RESIDENTIAL PRIMARY BASIC LOCAL EXCHANGE SERVICE IN THE WIRE 556
CENTER SHALL BE ESTABLISHED PURSUANT TO SECTION 4927.14 OF THE 557
REVISED CODE ONLY AND SHALL NOT BE SUBJECT TO REGULATION BY THIS 558
14
STATE, EXCEPT THAT THE RATES AND CHARGES FOR RESIDENTIAL PRIMARY 559
BASIC LOCAL EXCHANGE SERVICE SHALL NOT EXCEED AT ANY TIME THE 560
RATES AND CHARGES FOR NONRESIDENTIAL PRIMARY BASIC LOCAL EXCHANGE 561
SERVICE.
(C) FOR THE PURPOSES OF DIVISIONS (A) AND (B) OF THIS 564
SECTION, THE COMMISSION SHALL DETERMINE, WITHIN TWO YEARS AFTER
THE EFFECTIVE DATE OF THIS SECTION AND THEREAFTER ON A QUARTERLY 565
BASIS, WHETHER THERE IS FACILITIES-BASED COMPETITION BETWEEN TWO 566
OR MORE LOCAL EXCHANGE CARRIERS FOR NONRESIDENTIAL AND FOR 568
RESIDENTIAL BASIC LOCAL EXCHANGE SERVICE IN EACH WIRE CENTER OF 569
AN ELECTING CARRIER. FOR THOSE PURPOSES, EACH FACILITIES-BASED 570
LOCAL EXCHANGE CARRIER SHALL NOTIFY THE COMMISSION, IN A FORMAT 571
PRESCRIBED BY THE COMMISSION, OF THE WIRE CENTERS IN WHICH IT 572
OFFERS OR PROVIDES FACILITIES-BASED BASIC LOCAL EXCHANGE SERVICE 573
TO RESIDENTIAL CUSTOMERS OR NONRESIDENTIAL CUSTOMERS, OR BOTH. 574
ONCE THE COMMISSION HAS DETERMINED THAT THERE IS FACILITIES-BASED 575
COMPETITION IN A WIRE CENTER, FURTHER NOTIFICATION BY THE 576
FACILITIES-BASED LOCAL EXCHANGE CARRIERS AS TO THAT WIRE CENTER 578
SHALL NOT BE REQUIRED.
Sec. 4927.13. (A) PROVIDED THAT AN ELECTING CARRIER IS IN 580
COMPLIANCE WITH SECTIONS 4927.11 AND 4927.12 OF THE REVISED CODE, 581
RATES AND CHARGES ESTABLISHED PURSUANT TO THOSE SECTIONS ARE 582
DEEMED JUST AND REASONABLE. A SENIOR OFFICER OF THE ELECTING 583
CARRIER SHALL VERIFY THE CARRIER'S COMPLIANCE WITH THOSE SECTIONS 584
AND WITH DIVISIONS (B)(7) AND (9) AND DIVISION (C) OF SECTION 585
4927.10 OF THE REVISED CODE IN AN ATTESTATION FILED WITH THE 586
PUBLIC UTILITIES COMMISSION NOT LATER THAN EACH ANNUAL 587
ANNIVERSARY OF THE DATE OF THE FILING OF ITS NOTICE OF ELECTION 588
UNDER SECTION 4927.10 OF THE REVISED CODE. 589
(B) RATES AND CHARGES ESTABLISHED PURSUANT TO SECTIONS 591
4927.11 TO 4927.12 OF THE REVISED CODE SHALL TAKE EFFECT WITHOUT 592
COMMISSION APPROVAL. 593
(C) COMPLIANCE WITH SECTIONS 4927.11 AND 4927.12 OF THE 596
REVISED CODE IS SUBJECT TO REVIEW BY THE COMMISSION UPON ITS OWN 597
15
INITIATIVE OR UPON COMPLAINT PURSUANT TO SECTION 4905.26 OF THE 598
REVISED CODE, AND THE RATES AND CHARGES ESTABLISHED UNDER THOSE 599
SECTIONS SHALL NOT OTHERWISE BE SUBJECT TO SUCH REVIEW. 600
(D) AN ELECTING CARRIER THAT IMPLEMENTS ANY RATE INCREASE 602
OR DECREASE AUTHORIZED BY SECTION 4927.11 OR 4927.12 OF THE 603
REVISED CODE SHALL PROVIDE ITS AFFECTED CUSTOMERS PRIOR NOTICE OF 604
THE INCREASE OR DECREASE.
Sec. 4927.14. (A) A TELEPHONE COMPANY, AT ITS OPTION, MAY 606
FILE A SCHEDULE WITH THE PUBLIC UTILITIES COMMISSION IN 607
ACCORDANCE WITH SECTION 4905.30 OF THE REVISED CODE SETTING FORTH 608
RATES, CHARGES, TERMS, OR CONDITIONS FOR ANY PUBLIC 609
TELECOMMUNICATIONS SERVICE OTHER THAN PRIMARY BASIC LOCAL 610
EXCHANGE SERVICE, OR FOR PRIMARY BASIC LOCAL EXCHANGE SERVICE 611
THAT IS SUBJECT TO THIS SECTION PURSUANT TO DIVISION (B)(1) OR 612
(2) OF SECTION 4927.12 OF THE REVISED CODE. NOTHING IN THIS 613
TITLE AUTHORIZES THE COMMISSION TO REQUIRE THAT SUCH A SCHEDULE 614
BE FILED.
(B) ANY RATE OR CHARGE FOR A SERVICE DESCRIBED IN DIVISION 616
(A) OF THIS SECTION MAY BE CHANGED AT ANY TIME BY THE TELEPHONE 617
COMPANY PROVIDING THE SERVICE AFTER REASONABLE NOTICE TO AFFECTED 618
CUSTOMERS. THE REVISED RATE OR CHARGE SHALL BE EFFECTIVE UPON 620
THE COMPANY'S FILING OF A NOTICE OF THE CHANGE WITH THE
COMMISSION OR UPON THE FILING OF A REVISED SCHEDULE UNDER SECTION 622
4905.30 OF THE REVISED CODE. THE RATE OR CHARGE FOR THE SERVICE 623
MAY BE DIFFERENT IN THE VARIOUS AREAS SERVED BY THE COMPANY. 625
Sec. 4927.20. (A) A TELEPHONE COMPANY MAY CLOSE TO NEW 628
CUSTOMERS OR WHOLLY WITHDRAW ANY PUBLIC TELECOMMUNICATIONS
SERVICE OTHER THAN PRIMARY BASIC LOCAL EXCHANGE SERVICE, OR MAY 629
SO CLOSE OR WITHDRAW PRIMARY BASIC LOCAL EXCHANGE SERVICE THAT IS 630
SUBJECT TO SECTION 4927.14 OF THE REVISED CODE PURSUANT TO 631
DIVISION (B)(1) OR (2) OF SECTION 4927.12 OF THE REVISED CODE, 632
WITHOUT APPROVAL OF THE PUBLIC UTILITIES COMMISSION AND, IN THE 633
CASE OF A WITHDRAWAL OF SERVICE, ONLY AFTER PROVIDING WRITTEN 634
NOTICE TO EACH AFFECTED CUSTOMER AT LEAST THIRTY DAYS IN ADVANCE. 635
16
(B) A TELEPHONE COMPANY MAY PACKAGE ANY SERVICE DESCRIBED 637
IN DIVISION (A) OF THIS SECTION WITH ANY OTHER SERVICE, 638
REGARDLESS OF WHETHER THE SERVICES ARE REGULATED BY THE 639
COMMISSION.
(C) A TELEPHONE COMPANY MAY OFFER ANY SERVICE DESCRIBED IN 641
DIVISION (A) OF THIS SECTION THAT IT IS NOT CURRENTLY OFFERING OR 642
MAY OFFER ANY PUBLIC TELECOMMUNICATIONS SERVICE NEVER BEFORE 643
OFFERED IN THIS STATE, BY PROVIDING NOTICE TO THE COMMISSION OF 645
ITS INTENT TO OFFER THE SERVICE.
Sec. 4927.21. A LOCAL EXCHANGE CARRIER AUTHORIZED TO 647
PROVIDE PUBLIC TELECOMMUNICATIONS SERVICES IN THIS STATE NEED NOT 648
SEEK ADDITIONAL AUTHORITY FROM THE PUBLIC UTILITIES COMMISSION TO 649
PROVIDE SUCH SERVICES AT ANY LOCATION IN THIS STATE, PROVIDED THE 650
CARRIER IS NOT THE SUBJECT OF AN OUTSTANDING FINDING OF 651
INADEQUATE SERVICE BY THE COMMISSION UNDER SECTION 4905.26 OF THE 652
REVISED CODE.
Sec. 4927.22. THE PUBLIC UTILITIES COMMISSION MAY REGULATE 654
WHOLESALE PUBLIC TELECOMMUNICATIONS SERVICES ONLY IN ACCORDANCE 655
WITH RULES AND POLICIES ADOPTED BY THE FEDERAL COMMUNICATIONS 657
COMMISSION. NOTHING IN THIS CHAPTER AFFECTS THE AUTHORITY OF THE 658
COMMISSION UNDER 47 U.S.C.A. 252, 110 STAT. 66, TO ESTABLISH 660
RATES AND TERMS FOR THE PROVISION OF WHOLESALE PUBLIC 661
TELECOMMUNICATIONS SERVICES. 662
Sec. 4927.23. THE PUBLIC UTILITIES COMMISSION HAS NO 664
JURISDICTION UNDER CHAPTERS 4903. TO 4909. OF THE REVISED CODE OR 666
THIS CHAPTER REGARDING THE RATES CHARGED TO END USER CUSTOMERS
FOR RETAIL COIN-OPERATED TELEPHONE SERVICE IN THIS STATE. 667
Sec. 4927.24. THE PUBLIC UTILITIES COMMISSION SHALL ADOPT 669
RULES FOR THE USE OF CUSTOMER PROPRIETARY NETWORK INFORMATION. 670
THE RULES SHALL BE CONSISTENT WITH, BUT NOT MORE EXTENSIVE THAN, 671
RULES ADOPTED BY THE FEDERAL COMMUNICATIONS COMMISSION UNDER 47 673
C.F.R. 64.2001 TO 64.2009. 674
Sec. 4927.25. THE PUBLIC UTILITIES COMMISSION SHALL 676
CONDUCT A STUDY OF THE NEED FOR AN INTRASTATE UNIVERSAL SERVICE 677
17
FUND IN THIS STATE AND SHALL REPORT ITS FINDINGS AND 678
RECOMMENDATIONS TO THE GENERAL ASSEMBLY WITHIN SIX MONTHS AFTER 679
THE EFFECTIVE DATE OF THIS SECTION, INCLUDING ITS RECOMMENDATIONS 680
CONCERNING THE IMPLEMENTATION OF SUCH A FUND. NOTHING IN THIS 681
SECTION AUTHORIZES THE COMMISSION TO ESTABLISH AN INTRASTATE 682
UNIVERSAL SERVICE FUND.
Sec. 4927.30. EXCEPT AS OTHERWISE PROVIDED IN THIS 684
CHAPTER, NOTHING IN THIS CHAPTER AFFECTS THE COMMISSION'S 685
AUTHORITY WITH RESPECT TO A TELEPHONE COMPANY, OR ANY OFFICER, 686
AGENT, OR EMPLOYEE OF THE COMPANY, UNDER CHAPTERS 4903. TO 4909. 687
OF THE REVISED CODE, INCLUDING, BUT NOT LIMITED TO, THE 688
COMMISSION'S AUTHORITY UNDER SECTION 4905.381 OF THE REVISED CODE 689
AND ITS AUTHORITY UNDER SECTIONS 4905.57 TO 4905.60, 4905.63, AND 690
4905.64 OF THE REVISED CODE TO ENFORCE SECTIONS 4905.51, 4905.55, 691
AND 4905.71 OF THE REVISED CODE AND DIVISION (C) OF SECTION 692
4927.10 OF THE REVISED CODE WITH RESPECT TO AN ELECTING CARRIER 693
OR ANY OFFICER, AGENT, OR EMPLOYEE OF AN ELECTING CARRIER. 694
Section 2. That existing sections 4927.01 and 4927.02 of 696
the Revised Code are hereby repealed. 697