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          

                                                          4      


                                                                 
      (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          

                                                          5      


                                                                 
      (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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          11     


                                                                 
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          

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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