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To amend sections 4927.07, 4927.08, 4927.11, and | 1 |
4927.12 and to enact sections 4927.071 and 4927.10 | 2 |
of the Revised Code to establish certain | 3 |
exemptions, including permitting the withdrawal of | 4 |
services, for incumbent local exchange carriers | 5 |
determined to be fully competitive, and, regarding | 6 |
the provision of basic local exchange service, for | 7 |
other telephone companies operating in the same | 8 |
areas. | 9 |
Section 1. That sections 4927.07, 4927.08, 4927.11, and | 10 |
4927.12 be amended and sections 4927.071 and 4927.10 of the | 11 |
Revised Code be enacted to read as follows: | 12 |
Sec. 4927.07. (A) | 13 |
(1) "Exchange area" has the same meaning as in section | 14 |
4927.12 of the Revised Code. | 15 |
(2) "Fully competitive incumbent local exchange carrier" | 16 |
means an incumbent local exchange carrier to which both of the | 17 |
following apply: | 18 |
(a) The carrier has elected the designation as a fully | 19 |
competitive incumbent local exchange carrier by notifying the | 20 |
public utilities commission in writing. | 21 |
(b) Either of the following applies to each exchange area in | 22 |
which the carrier is an incumbent local exchange carrier: | 23 |
(i) The commission has made a prior determination that the | 24 |
exchange area qualified for alternative regulation of basic local | 25 |
exchange service under Chapter 4901:1-4 of the Ohio Administrative | 26 |
Code as that chapter existed on September 13, 2010. | 27 |
(ii) The commission has found or has been deemed to have | 28 |
found that the carrier's application for the exchange area, filed | 29 |
under division (C)(3)(a) of section 4927.12 of the Revised Code, | 30 |
meets the requirements of that division. | 31 |
(B) Except as provided in divisions (C) and (E) of this | 32 |
section, a telephone company may withdraw any telecommunications | 33 |
service if it gives at least thirty days' prior notice to the | 34 |
35 |
| 36 |
of this section, a fully competitive incumbent local exchange | 37 |
carrier may withdraw basic local exchange service if it gives at | 38 |
least ninety days' prior notice to all of the following: | 39 |
(a) The commission; | 40 |
(b) The consumers' counsel; | 41 |
(c) Affected customers, which notice may be provided in any | 42 |
reasonable manner, including a bill insert, bill message, direct | 43 |
mail, or, if the customer consents, by electronic means; | 44 |
(d) The public in accordance with a rule adopted by the | 45 |
commission that is consistent with the public notice requirements | 46 |
established in section 4909.19 of the Revised Code. | 47 |
Notice required under this division may be provided before | 48 |
the dates specified in division (C)(2) of this section, so that | 49 |
the withdrawal may take effect on those dates. | 50 |
(2) A fully competitive incumbent local exchange carrier may | 51 |
not withdraw basic local exchange service before July 1, 2013, in | 52 |
any exchange area to which division (A)(2)(b)(i) of this section | 53 |
applies. A fully competitive incumbent local exchange carrier may | 54 |
not withdraw basic local exchange service before July 1, 2014, in | 55 |
any exchange area to which division (A)(2)(b)(ii) of this section | 56 |
applies. | 57 |
(D) Except as provided in division (E) of this section, a | 58 |
telephone company may abandon entirely telecommunications service | 59 |
in this state if it gives at least thirty days' prior notice to | 60 |
the commission, to its wholesale and retail customers, and to any | 61 |
telephone company wholesale provider of its services. | 62 |
| 63 |
do not apply to any of the following: | 64 |
(1) Basic local exchange service provided by an incumbent | 65 |
local exchange carrier that is not fully competitive; | 66 |
(2) Pole attachments under section 4905.71 of the Revised | 67 |
Code | 68 |
| 69 |
the Revised Code | 70 |
| 71 |
72 | |
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| 74 |
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| 76 |
request with the commission and obtaining commission approval, | 77 |
withdraw any tariff filed with the commission for pole attachments | 78 |
or conduit occupancy under section 4905.71 of the Revised Code or | 79 |
abandon service provided under that section. | 80 |
(3) Interconnection and resale agreements approved under the | 81 |
"Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 151 et | 82 |
seq., as amended. | 83 |
Sec. 4927.071. (A) As used in this section: | 84 |
(1) "Exchange area" has the same meaning as in section | 85 |
4927.12 of the Revised Code. | 86 |
(2) "Fully competitive incumbent local exchange carrier" has | 87 |
the same meaning as in section 4927.07 of the Revised Code. | 88 |
(B) Not later than one hundred twenty days after the | 89 |
effective date of this section, the public utilities commission | 90 |
may adopt a rule that addresses situations in which a fully | 91 |
competitive incumbent local exchange carrier provides notice of | 92 |
the withdrawal of basic local exchange service and no other | 93 |
comparable service is available at one or more customer locations | 94 |
in the exchange area where the service is to be withdrawn. The | 95 |
commission shall establish a competitively and technologically | 96 |
neutral process by which such service may be provided to those | 97 |
customer locations. In doing so, the commission shall rely on the | 98 |
national broadband plan and the connect America fund adopted by | 99 |
the federal communications commission in determining the | 100 |
availability of comparable service and the funding for that | 101 |
service. The commission shall not adopt a funding mechanism for | 102 |
this process or service and shall not order any carrier to provide | 103 |
such service involuntarily to those customer locations. | 104 |
Sec. 4927.08. (A) | 105 |
the Revised Code, a telephone company providing basic local | 106 |
exchange service shall conduct its operations so as to ensure that | 107 |
the service is available, adequate, and reliable, consistent with | 108 |
applicable industry standards. | 109 |
(B) The public utilities commission shall adopt rules | 110 |
prescribing the following standards for the provision of basic | 111 |
local exchange service, and shall adopt no other rules regarding | 112 |
that service except as expressly authorized in this chapter: | 113 |
(1) Basic local exchange service shall be installed within | 114 |
five business days of the receipt by a telephone company of a | 115 |
completed application for that service. | 116 |
(2) A basic local exchange service outage or | 117 |
service-affecting problem shall be repaired within seventy-two | 118 |
hours after it is reported to the telephone company, and the | 119 |
telephone company shall make reasonable efforts to repair a basic | 120 |
local exchange service outage within twenty-four hours, excluding | 121 |
Sundays and legal holidays, after the outage is reported to the | 122 |
telephone company. | 123 |
(3)(a) Except as provided in division (B)(3)(b) of this | 124 |
section, if a basic local exchange service outage is reported to | 125 |
the telephone company and lasts more than seventy-two hours, the | 126 |
telephone company shall credit every affected customer, of which | 127 |
the telephone company is aware, in the amount of one month's | 128 |
charges for basic local exchange service. | 129 |
(b) If the outage is caused by a customer, the telephone | 130 |
company may elect not to credit that customer. | 131 |
(4) No telephone company shall establish a due date earlier | 132 |
than fourteen consecutive days after the date the bill is | 133 |
postmarked for a bill for basic local exchange service provided to | 134 |
end users. | 135 |
(5) A telephone company may disconnect basic local exchange | 136 |
service for nonpayment of any amount past due on a billed account | 137 |
not earlier than fourteen days after the due date of the | 138 |
customer's bill, provided that the customer is given notice of the | 139 |
disconnection seven days before the disconnection. | 140 |
(6) A telephone company may require a deposit, not to exceed | 141 |
two hundred thirty per cent of a reasonable estimate of one | 142 |
month's service charges, for the installation of basic local | 143 |
exchange service for any person that it determines, in its | 144 |
discretion, is not creditworthy. | 145 |
(7) A telephone company shall, unless prevented from doing so | 146 |
by circumstances beyond the telephone company's control or unless | 147 |
the customer requests otherwise, reconnect a customer whose basic | 148 |
local exchange service was disconnected for nonpayment of past due | 149 |
charges not later than one business day after the day the earlier | 150 |
of the following occurs: | 151 |
(a) The receipt by the telephone company of the full amount | 152 |
of past due charges; | 153 |
(b) The receipt by the telephone company of the first payment | 154 |
under a mutually agreed-upon payment arrangement. | 155 |
(C) The rules described in division (B) of this section shall | 156 |
provide for a waiver of the standards described in that division | 157 |
in circumstances determined appropriate by the commission. | 158 |
Sec. 4927.10. (A) As used in this section: | 159 |
(1) "Exchange area" has the same meaning as in section | 160 |
4927.12 of the Revised Code. | 161 |
(2) "Fully competitive incumbent local exchange carrier" has | 162 |
the same meaning as in section 4927.07 of the Revised Code. | 163 |
(B) On the applicable date for each exchange area as | 164 |
prescribed in division (C)(2) of section 4927.07 of the Revised | 165 |
Code, whether or not basic local exchange service is withdrawn | 166 |
pursuant to that division: | 167 |
(1) Section 4927.08 of the Revised Code and any rules adopted | 168 |
under that section do not apply to a fully competitive incumbent | 169 |
local exchange carrier, or to any other telephone company to the | 170 |
extent that the telephone company provides basic local exchange | 171 |
service in the same exchange area of the fully competitive | 172 |
incumbent local exchange carrier. | 173 |
(2) Section 4927.11 of the Revised Code and any rules adopted | 174 |
under that section do not apply to a fully competitive incumbent | 175 |
local exchange carrier. | 176 |
Sec. 4927.11. (A) Except as otherwise provided in this | 177 |
section and section 4927.10 of the Revised Code, an incumbent | 178 |
local exchange carrier shall provide basic local exchange service | 179 |
to all persons or entities in its service area requesting that | 180 |
service, and that service shall be provided on a reasonable and | 181 |
nondiscriminatory basis. | 182 |
(B)(1) An incumbent local exchange carrier is not obligated | 183 |
to construct facilities and provide basic local exchange service, | 184 |
or any other telecommunications service, to the occupants of | 185 |
multitenant real estate, including, but not limited to, | 186 |
apartments, condominiums, subdivisions, office buildings, or | 187 |
office parks, if the owner, operator, or developer of the | 188 |
multitenant real estate does any of the following to the benefit | 189 |
of any other telecommunications service provider: | 190 |
(a) Permits only one provider of telecommunications service | 191 |
to install the company's facilities or equipment during the | 192 |
construction or development phase of the multitenant real estate; | 193 |
(b) Accepts or agrees to accept incentives or rewards that | 194 |
are offered by a telecommunications service provider to the owner, | 195 |
operator, developer, or occupants of the multitenant real estate | 196 |
and are contingent on the provision of telecommunications service | 197 |
by that provider to the occupants, to the exclusion of services | 198 |
provided by other telecommunications service providers; | 199 |
(c) Collects from the occupants of the multitenant real | 200 |
estate any charges for the provision of telecommunications service | 201 |
to the occupants, including charges collected through rents, fees, | 202 |
or dues. | 203 |
(2) A carrier not obligated to construct facilities and | 204 |
provide basic local exchange service pursuant to division (B)(1) | 205 |
of this section shall notify the public utilities commission of | 206 |
that fact within one hundred twenty days of receiving knowledge | 207 |
thereof. | 208 |
(3) The commission by rule may establish a process for | 209 |
determining a necessary successor telephone company to provide | 210 |
service to real estate described in division (B)(1) of this | 211 |
section when the circumstances described in that division cease to | 212 |
exist. | 213 |
(4) An incumbent local exchange carrier that receives a | 214 |
request from any person or entity to provide service under the | 215 |
circumstances described in division (B)(1) of this section shall, | 216 |
within fifteen days of such receipt, provide notice to the person | 217 |
or entity specifying whether the carrier will provide the | 218 |
requested service. If the carrier provides notice that it will not | 219 |
serve the person or entity, the notice shall describe the person's | 220 |
or entity's right to file a complaint with the commission under | 221 |
section 4927.21 of the Revised Code within thirty days after | 222 |
receipt of the notice. In resolving any such complaint, the | 223 |
commission's determination shall be limited to whether any | 224 |
circumstance described in divisions (B)(1)(a) to (c) of this | 225 |
section exists. Upon a finding by the commission that such a | 226 |
circumstance exists, the complaint shall be dismissed. Upon a | 227 |
finding that such circumstances do not exist, the person's or | 228 |
entity's sole remedy shall be provision by the carrier of the | 229 |
requested service within a reasonable time. | 230 |
(C) An incumbent local exchange carrier may apply to the | 231 |
commission for a waiver from compliance with division (A) of this | 232 |
section. The application shall include, at a minimum, the reason | 233 |
for the requested waiver, the number of persons or entities who | 234 |
would be impacted by the waiver, and the alternatives that would | 235 |
be available to those persons or entities if the waiver were | 236 |
granted. The incumbent local exchange carrier applying for the | 237 |
waiver shall publish notice of the waiver application one time in | 238 |
a newspaper of general circulation throughout the service area | 239 |
identified in the application and shall provide additional notice | 240 |
to affected persons or entities as required by the commission in | 241 |
rules adopted under this division. The commission's rules shall | 242 |
define "affected" for purposes of this division. The commission | 243 |
shall afford such persons or entities a reasonable opportunity to | 244 |
comment to the commission on the application. This opportunity | 245 |
shall include a public hearing conducted in accordance with rules | 246 |
adopted under this division and conducted in the service area | 247 |
identified in the application. After a reasonable opportunity to | 248 |
comment has been provided, but not later than one hundred twenty | 249 |
days after the application is filed, the commission either shall | 250 |
issue an order granting the waiver if, upon investigation, it | 251 |
finds the waiver to be just, reasonable, and not contrary to the | 252 |
public interest, and that the applicant demonstrates a financial | 253 |
hardship or an unusual technical limitation, or shall issue an | 254 |
order denying the waiver based on a failure to meet those | 255 |
standards and specifying the reasons for the denial. The | 256 |
commission shall adopt rules to implement division (C) of this | 257 |
section. | 258 |
Sec. 4927.12. (A) As used in this section, "exchange area" | 259 |
means a geographical service area established by an incumbent | 260 |
local exchange carrier and approved by the public utilities | 261 |
commission. | 262 |
(B) Subject to divisions (C), (D), and (E) of this section, | 263 |
and upon not less than thirty days' notice to the public utilities | 264 |
commission and to affected customers, an incumbent local exchange | 265 |
carrier may alter its rates for basic local exchange service. | 266 |
(C) In addition to the requirements of division (B) of this | 267 |
section, all of the following apply to any upward alteration of | 268 |
rates for basic local exchange service made under that division: | 269 |
(1) If the incumbent local exchange carrier, within twelve | 270 |
months prior to | 271 |
2010, increased the carrier's rates for basic local exchange | 272 |
service for an exchange area, | 273 |
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| 279 |
during | 280 |
the
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carrier's rates for basic local exchange service upward for the | 284 |
exchange area by more than the amount authorized for an annual | 285 |
increase in the rate for basic local exchange service by division | 286 |
(A) of rule 4901:1-4-11 of the Ohio Administrative Code as that | 287 |
rule existed on | 288 |
2010. | 289 |
(2) If the incumbent local exchange carrier did not, within | 290 |
twelve months prior to | 291 |
September 13, 2010, increase the carrier's rates for basic local | 292 |
exchange service for an exchange area, and if the commission has | 293 |
made a prior determination that the exchange area qualified for | 294 |
alternative regulation of basic local exchange service under | 295 |
Chapter 4901:1-4 of the Ohio Administrative Code as that chapter | 296 |
existed on | 297 |
in no event may the incumbent local exchange carrier, | 298 |
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on September 13 of any year, alter the carrier's rates for basic | 301 |
local exchange service upward for the exchange area by more than | 302 |
the amount described in division (C)(1) | 303 |
(3)(a) If the commission has not made a prior determination | 304 |
that the exchange area qualified for alternative regulation of | 305 |
basic local exchange service under Chapter 4901:1-4 of the Ohio | 306 |
Administrative Code as that chapter existed on | 307 |
308 | |
carrier may not alter its rates for basic local exchange service | 309 |
upward for that exchange area unless the carrier first applies to | 310 |
the commission and the commission determines that the application | 311 |
demonstrates that two or more alternative providers offer, in the | 312 |
exchange area, competing service to the basic local exchange | 313 |
service offered by an incumbent local exchange carrier in the | 314 |
exchange area, regardless of the technology and facilities used by | 315 |
the alternative provider, the alternative provider's location, and | 316 |
the extent of the alternative provider's service area within the | 317 |
exchange area. An alternative provider includes a telephone | 318 |
company, including a wireless service provider, a | 319 |
telecommunications carrier, and a provider of internet | 320 |
protocol-enabled services, including voice over internet protocol. | 321 |
(b) Upon the filing of an application under division | 322 |
(C)(3)(a) of this section, the commission shall be deemed to have | 323 |
found that the application meets the requirements of that division | 324 |
unless the commission, within thirty days after the filing of the | 325 |
application, issues an order finding that the requirements have | 326 |
not been met. | 327 |
(c) In no event may an incumbent local exchange carrier that | 328 |
applies to the commission under division (C)(3)(a) of this | 329 |
section, during the twelve-month period that begins on the | 330 |
thirty-first day after the company files the application, and | 331 |
during any subsequent twelve-month period, alter the carrier's | 332 |
rates for basic local exchange service upward for the exchange | 333 |
area to which the application applies by more than the amount | 334 |
described in division (C)(1) | 335 |
(4) | 336 |
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(2), and division (C)(3)(c) of this section shall be applied | 340 |
separately to business and residential classes of service. Under | 341 |
those divisions, an incumbent local exchange carrier may alter | 342 |
rates for basic local exchange service upward multiple times in | 343 |
the same exchange area during a single twelve-month period | 344 |
described in those divisions, as long as the total amount of the | 345 |
upward alterations does not exceed the authorized amount described | 346 |
in those divisions. | 347 |
(D) Except as provided in division (E) of this section, no | 348 |
banking of upward rate alterations made under division (B) of this | 349 |
section is permitted. | 350 |
(E) At any time and upon not less than thirty days' notice to | 351 |
the commission and to affected customers, an incumbent local | 352 |
exchange carrier owned and operated exclusively by and solely for | 353 |
its customers may alter its rates for basic local exchange service | 354 |
by any amount. | 355 |
(F) The rates, terms, and conditions for basic local exchange | 356 |
service and for installation and reconnection fees for basic local | 357 |
exchange service shall be tariffed in the manner prescribed by | 358 |
rule adopted by the commission. | 359 |
Section 2. That existing sections 4927.07, 4927.08, 4927.11, | 360 |
and 4927.12 of the Revised Code are hereby repealed. | 361 |
Section 3. Not later than one hundred twenty days after the | 362 |
effective date of this act, the Public Utilities Commission shall | 363 |
amend its rules to the extent necessary to bring them into | 364 |
conformity with this act. | 365 |
Section 4. Nothing in sections 4927.07, 4927.071, 4927.08, | 366 |
4927.10, 4927.11, and 4927.12 of the Revised Code as amended or | 367 |
enacted by this act is intended to affect any contractual | 368 |
obligation or any right or obligation under federal law or rules. | 369 |