To amend sections 4927.01 and 4927.02 and to enact sections 4905.08, 4927.10 to 4927.14, 4927.20 to 4927.25, and 4927.30 of the Revised Code to promote telecommunications competition and enhance Ohio's telecommunications infrastructure, by allowing a transition to competitively priced services by an electing local exchange carrier making certain infrastructure investment, removing restrictions on service areas for certain local exchange carriers, and specifying state regulation of wholesale public telecommunication services and retail pay phone service; and to authorize protective orders for certain information filed by a public utility.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Sec. 4905.08. (A) UPON MOTION OF ANY PARTY, THE PUBLIC UTILITIES COMMISSION, OR ANY OFFICER OR EMPLOYEE THAT THE COMMISSION SHALL DESIGNATE BY RULE, MAY ISSUE A PROTECTIVE ORDER OF UNLIMITED DURATION IMPOSING EITHER OR BOTH OF THE FOLLOWING CONDITIONS:

(1) TRADE SECRET OR OTHER CONFIDENTIAL RESEARCH, DEVELOPMENT, COMMERCIAL, OR OTHER INFORMATION FILED WITH OR PROVIDED TO THE COMMISSION OR ITS STAFF OR ACQUIRED THROUGH DISCOVERY IS NOT DISCLOSED OR IS DISCLOSED ONLY IN A DESIGNATED MANNER OR ONLY TO DESIGNATED PERSONS OR CLASSES OF PERSONS.

(2) SUCH INFORMATION IS USED ONLY FOR THE PURPOSE OF A PENDING PROCEEDING BEFORE THE COMMISSION.

(B) A MOTION MADE PURSUANT TO DIVISION (A) OF THIS SECTION SHALL BE PRESUMED TO BE VALID AND SHALL BE GRANTED IF THE INFORMATION SOUGHT TO BE PROTECTED CONSISTS OF COST STUDIES, CUSTOMER USAGE DATA, BUSINESS PLANS OR STUDIES, MARKETING PLANS OR STUDIES, OR THE IDENTITY OF CUSTOMERS ENTERING INTO COMPETITIVE CONTRACTS. A PARTY OPPOSING SUCH A MOTION HAS THE BURDEN OF DEMONSTRATING THAT SUCH A PROTECTIVE ORDER SHOULD NOT BE ISSUED.

(C) INFORMATION THAT IS THE SUBJECT OF A PROTECTIVE ORDER GRANTED PURSUANT TO THIS SECTION, OR PURSUANT TO OTHER AUTHORITY OF THE COMMISSION OR ANY OFFICER OR EMPLOYEE OF THE COMMISSION ACTING UNDER DELEGATED AUTHORITY, IS NOT A PUBLIC RECORD FOR PURPOSES OF SECTION 149.43 of the Revised Code AND SHALL NOT BE PUBLIC OR OPEN TO INSPECTION UNDER SECTION 4905.07 of the Revised Code.

(D) THE COMMISSION BY RULE OR ORDER MAY PREVENT THE PUBLIC RELEASE OF TRADE SECRET OR OTHER CONFIDENTIAL RESEARCH, DEVELOPMENT, OR COMMERCIAL INFORMATION FILED WITH OR PROVIDED TO THE COMMISSION IF THE COMMISSION FINDS THAT THE ACTION IS NECESSARY TO ENSURE THAT THE COMMISSION OBTAINS INFORMATION TO CARRY OUT TITLE XLIX of the Revised Code. INFORMATION THAT IS SUBJECT TO ANY SUCH RULE OR ORDER IS NOT A PUBLIC RECORD FOR PURPOSES OF SECTION 149.43 of the Revised Code AND SHALL NOT BE PUBLIC OR OPEN TO INSPECTION UNDER SECTION 4905.07 of the Revised Code.

Sec. 4927.01. (A) As used in this chapter:

(A)(1) "ADVANCED SERVICES" MEANS WIRELINE TELECOMMUNICATIONS SERVICES, SUCH AS ADSL, IDSL, xDSL, FRAME RELAY, CELL RELAY, OR OTHER COMPARABLE SERVICES THAT RELY ON PACKET TECHNOLOGY AND HAVE THE CAPABILITY OF SUPPORTING TRANSMISSION SPEEDS OF AT LEAST FIFTY-SIX KILOBITS PER SECOND IN BOTH DIRECTIONS. "ADVANCED SERVICES" DOES NOT INCLUDE ANY OF THE FOLLOWING:

(a) DATA SERVICES THAT ARE NOT PRIMARILY BASED ON PACKET TECHNOLOGY, SUCH AS ISDN;

(b) X.25-BASED AND X.75-BASED PACKET TECHNOLOGIES;

(c) CIRCUIT SWITCHED SERVICES, SUCH AS CIRCUIT SWITCHED VOICE GRADE SERVICE, REGARDLESS OF THE TECHNOLOGY, PROTOCOL, OR SPEED USED FOR THE TRANSMISSION OF THOSE SERVICES.

(2) "Basic local exchange service" means the end user and carrier access to and usage of telephone company-provided LOCAL EXCHANGE CARRIER-PROVIDED facilities that enable customers, over a local exchange telephone company CARRIER'S CIRCUIT SWITCHED network operated within a local service area, to originate or receive voice grade, data, or image communications and to access interexchange or other networks.

(B)(3) "Cable television service" means any transmission of video or other programming service to subscribers and any subscriber interaction required for the selection of that video or other programming service.

(C)(4) "ELECTING CARRIER" MEANS A LOCAL EXCHANGE CARRIER THAT MAKES THE ELECTION AUTHORIZED IN SECTION 4927.10 of the Revised Code.

(5) "EXCHANGE ACCESS" MEANS THE OFFERING OF ACCESS TO A LOCAL EXCHANGE CARRIER'S TELEPHONE EXCHANGE SERVICES OR FACILITIES FOR THE PURPOSE OF ORIGINATING OR TERMINATING CALLS THAT DO NOT BOTH ORIGINATE AND TERMINATE WITHIN A LOCAL SERVICE AREA.

(6) "FACILITIES-BASED COMPETITION" MEANS THE OFFERING OR PROVISION OF BASIC LOCAL EXCHANGE SERVICE TO ONE OR MORE END USER CUSTOMERS IN THE WIRE CENTER OF AN INCUMBENT LOCAL EXCHANGE CARRIER BY A LOCAL EXCHANGE CARRIER, OTHER THAN BY RESALE PURSUANT TO 47 U.S.C.A. 251(c)(4), 113 STAT. 1287.

(7) "INCUMBENT LOCAL EXCHANGE CARRIER" HAS THE SAME MEANING AS IN 47 U.S.C.A. 251(h), 113 STAT. 1287, AS THAT DEFINITION IS INTERPRETED SOLELY BY THE FEDERAL COMMUNICATIONS COMMISSION.

(8) "LOCAL EXCHANGE CARRIER" MEANS A TELEPHONE COMPANY THAT PROVIDES TELEPHONE EXCHANGE SERVICE OR EXCHANGE ACCESS. HOWEVER, "LOCAL EXCHANGE CARRIER" DOES NOT INCLUDE A PERSON INSOFAR AS THAT PERSON IS ENGAGED IN THE BUSINESS OF PROVIDING COMMERCIAL MOBILE SERVICE UNDER 47 U.S.C.A. 332(c), 110 STAT. 61, 151, AND 153, EXCEPT TO THE EXTENT THAT THE FEDERAL COMMUNICATIONS COMMISSION FINDS UNDER 47 U.S.C.A. 153(26), 111 STAT. 258, THAT SUCH A PERSON IS A LOCAL EXCHANGE CARRIER.

(9) "Local service area" means the geographic area within which a telephone LOCAL EXCHANGE CARRIER'S customer may complete a call to another telephone customer without being assessed long distance toll charges.

(D)(10)(a) "PRIMARY BASIC LOCAL EXCHANGE SERVICE" MEANS BASIC LOCAL EXCHANGE SERVICE THAT CONSISTS OF ALL OF THE FOLLOWING:

(i) A SINGLE, VOICE GRADE CONNECTION PROVIDING ACCESS TO THE PUBLIC SWITCHED NETWORK AND HAVING THE ABILITY TO PLACE AND RECEIVE CALLS;

(ii) CALLING WITHIN THE LOCAL CALLING AREA AS SUCH AREA EXISTS ON THE FILING DATE OF A NOTICE OF ELECTION UNDER SECTION 4927.10 of the Revised Code. FLAT RATE CALLING SHALL BE PROVIDED FOR RESIDENTIAL CUSTOMERS. AT A RESIDENTIAL CUSTOMER'S OPTION, MEASURED RATE LOCAL CALLING SHALL BE PROVIDED IF AVAILABLE.

(iii) DUAL TONE MULTI-FREQUENCY, OR "TOUCH TONE," DIALING AVAILABILITY;

(iv) ACCESS TO EMERGENCY SERVICES THROUGH BASIC OR ENHANCED 9-1-1 SERVICE WHERE PROVIDED BY LOCAL AUTHORITIES;

(v) ACCESS TO BASIC OPERATOR SERVICES;

(vi) ONE STANDARD WHITE PAGES DIRECTORY LISTING;

(vii) ACCESS TO BASIC LOCAL DIRECTORY ASSISTANCE;

(viii) ACCESS TO LONG DISTANCE TOLL SERVICE PROVIDERS;

(ix) ACCESS TO TELECOMMUNICATIONS RELAY SERVICE;

(x) AVAILABILITY OF CALL BLOCKING, CALLING NUMBER DELIVERY BLOCKING, AND TOLL BLOCKING SERVICES AS REQUIRED BY PUBLIC UTILITIES COMMISSION RULE ON THE EFFECTIVE DATE OF THIS AMENDMENT.

(b) "PRIMARY BASIC LOCAL EXCHANGE SERVICE" DOES NOT INCLUDE EITHER OF THE FOLLOWING:

(i) VOICE GRADE CONNECTIONS OTHER THAN THE FIRST VOICE GRADE CONNECTION TO A CUSTOMER'S PREMISES;

(ii) ANY SERVICE PROVIDED TO A CUSTOMER'S PREMISES IF MORE THAN THREE VOICE GRADE CONNECTIONS ARE PROVIDED TO THOSE PREMISES.

(11)(a) "Public telecommunications service" means the SWITCHING OR transmission, OR BOTH, by a telephone company, by electromagnetic or other means, of signs, signals, writings, images, sounds, messages, or data originating and terminating in this state regardless of actual call routing, but. "PUBLIC TELECOMMUNICATIONS SERVICE" does not include a ANY OF THE FOLLOWING:

(i) A system, including its construction, maintenance, or operation, for the provision of telecommunications service, or any portion of such service, by any entity for the sole and exclusive use of that entity, its parent, a subsidiary, or an affiliated entity, and not for resale, directly or indirectly; the

(ii) THE provision of terminal equipment used to originate or terminate telecommunications service; broadcast

(iii) BROADCAST transmission by radio, television, or satellite broadcast stations regulated by the federal government; or cable

(iv) CABLE television service.;

(E)(v) ADVANCED SERVICES;

(vi) THE PROVISION OR PUBLICATION OF CLASSIFIED DIRECTORY ADVERTISING;

(vii) THE INSTALLATION, MAINTENANCE, OR REPAIR OF CUSTOMER PREMISES WIRING;

(viii) VOICE MAIL OR TELEPHONE ANSWERING SERVICES;

(ix) BILLING AND COLLECTION SERVICES PROVIDED BY A TELEPHONE COMPANY TO OTHER ENTITIES ON A COMMERCIAL BASIS.

(12) "RESIDENTIAL" REFERS TO SERVICE THAT IS PROVIDED AT RESIDENTIAL LOCATIONS AND IS USED PRIMARILY OR SUBSTANTIALLY FOR SOCIAL OR DOMESTIC PURPOSES.

(13) "SWITCHED ACCESS SERVICE" MEANS A COMPONENT OF EXCHANGE ACCESS UNDER WHICH, THROUGH AN END OFFICE SWITCH, COMMUNICATIONS ARE PROVIDED BETWEEN A CUSTOMER'S PREMISES AND AN INTEREXCHANGE CARRIER'S POINT OF INTERCONNECTION WITH A LOCAL EXCHANGE CARRIER'S NETWORK FOR THE ORIGINATION OR TERMINATION OF END-USER CALLS THAT DO NOT BOTH ORIGINATE AND TERMINATE WITHIN A LOCAL SERVICE AREA.

(14) "Telephone company" means any company described in division (A)(2) of section 4905.03 of the Revised Code that is a public utility under section 4905.02 of the Revised Code.

(15) "WHOLESALE PUBLIC TELECOMMUNICATIONS SERVICE" MEANS ANY OF THE FOLLOWING:

(a) SERVICE OFFERED FOR RESALE PURSUANT TO 47 U.S.C.A. 251(c)(4), 113 STAT. 1287;

(b) INTERCONNECTION SERVICE OFFERED PURSUANT TO 47 U.S.C.A. 251(c)(2), 113 STAT. 1287;

(c) AN UNBUNDLED NETWORK ELEMENT OFFERED PURSUANT TO 47 U.S.C.A. 251(c)(3), 113 STAT. 1287;

(d) COLLOCATION SERVICE OFFERED PURSUANT TO 47 U.S.C.A. 251(c)(6), 113 STAT. 1287.

(B) TERMS USED BUT NOT DEFINED IN THIS CHAPTER HAVE THE SAME MEANINGS AS IN 47 U.S.C.A. 153, 111 STAT. 258.

Sec. 4927.02. (A) It is the policy of this state UNDER THIS CHAPTER to:

(1) Ensure the availability of adequate basic local exchange service to citizens throughout the THIS state BY ALLOWING AND ENCOURAGING COMPETITION TO DETERMINE THE AVAILABILITY, PRICES, TERMS, AND OTHER CONDITIONS OF PROVIDING PUBLIC TELECOMMUNICATIONS SERVICES;

(2) Maintain MODIFY OUTDATED REGULATION AND ELIMINATE UNNECESSARY REGULATION, TO ALLOW COMPETITION TO MAINTAIN just and reasonable rates, rentals, tolls, and charges for public telecommunications service SERVICES;

(3) Encourage innovation AND INVESTMENT in the telecommunications industry;

(4) Promote diversity and options in the supply of public telecommunications services and equipment throughout the THIS state THROUGH THE IMPLEMENTATION OF FULL AND FAIR COMPETITION IN THE PROVISION OF ALL PUBLIC TELECOMMUNICATIONS SERVICES, ENABLING CONSUMERS TO CHOOSE PUBLIC TELECOMMUNICATIONS SERVICES AND TELEPHONE COMPANIES IN A COMPETITIVE MARKET, AS AUTHORIZED BY THE "TELECOMMUNICATIONS ACT OF 1996," PUB. L. NO. 104-104, 110 STAT. 56;

(5) Recognize the continuing emergence of a competitive telecommunications environment through flexible regulatory treatment of public telecommunications services where appropriate;

(6) PROVIDE A TRANSITION FROM TRADITIONAL REGULATION TO A COMPETITIVE MARKET FOR PUBLIC TELECOMMUNICATIONS SERVICES BY PROVIDING INVESTMENT INCENTIVES THROUGH RATIONAL ECONOMIC PRICING OF THOSE SERVICES;

(7) ENSURE ADEQUATE PROTECTION TO CONSUMERS OF THOSE SERVICES DURING THAT TRANSITION.

(B) The public utilities commission shall consider the policy set forth in this section in carrying out sections 4927.03 and 4927.04 of the Revised Code THIS CHAPTER.

Sec. 4927.10. (A) A LOCAL EXCHANGE CARRIER, INCLUDING A LOCAL EXCHANGE CARRIER OPERATING UNDER AN EXEMPTION, ALTERNATIVE REGULATORY REQUIREMENTS, OR ALTERNATIVE METHOD OF ESTABLISHING RATES AND CHARGES AUTHORIZED UNDER SECTION 4927.03 OR 4927.04 of the Revised Code, AND INCLUDING A LOCAL EXCHANGE CARRIER OPERATING UNDER THE PLAN OF ALTERNATIVE REGULATION DESCRIBED IN SECTION 3 OF SUB. S.B. 306 OF THE 121st GENERAL ASSEMBLY, MAY FILE WITH THE PUBLIC UTILITIES COMMISSION A NOTICE OF ELECTION FOR THE AUTHORITY SPECIFIED IN DIVISION (B) OF THIS SECTION. THE ELECTION SHALL NOT INVOKE THE PROVISIONS OF SECTION 4927.03 OR 4927.04 of the Revised Code AND SHALL NOT BE SUBJECT TO COMMISSION APPROVAL.

(B) ON THE FILING DATE OF A NOTICE OF ELECTION UNDER DIVISION (A) OF THIS SECTION AND FOR THE DURATION OF THE ELECTION UNDER THAT FILING, WHICH SHALL NOT BE LESS THAN FIVE YEARS, ALL OF THE FOLLOWING APPLY:

(1) NOTWITHSTANDING ANY EXPRESS OR IMPLIED LIMITATION CONTAINED IN AN EXEMPTION, ALTERNATIVE REGULATORY REQUIREMENTS, OR AN ALTERNATIVE METHOD OF ESTABLISHING RATES AND CHARGES AUTHORIZED UNDER SECTION 4927.03 OR 4927.04 of the Revised Code, IN ANY RELATED DOCUMENT, OR IN THE PLAN OF ALTERNATIVE REGULATION DESCRIBED IN SECTION 3 OF SUB. S.B. 306 OF THE 121st GENERAL ASSEMBLY OR ANY RELATED DOCUMENT, THE ELECTING CARRIER'S ELECTION, AS FILED, SHALL HAVE THE EFFECT OF SUPERSEDING THE EXISTING REGULATION BY THIS STATE OF THE RATES, TERMS, AND CONDITIONS OF THE CARRIER'S PUBLIC TELECOMMUNICATIONS SERVICES, AND REPLACING THAT REGULATION WITH THE REGULATION AUTHORIZED UNDER SECTIONS 4927.10 TO 4927.14 of the Revised Code.

(2) THE RATES, TERMS, AND CONDITIONS FOR THE PUBLIC TELECOMMUNICATIONS SERVICES OF THE ELECTING CARRIER THAT ARE IN EFFECT ON THE DATE OF THE FILING, WHETHER SPECIFIED IN THE CARRIER'S SCHEDULES FILED UNDER SECTION 4905.30 of the Revised Code, IN END-USER CONTRACTS, OR OTHERWISE, ARE DEEMED JUST AND REASONABLE AND THEREAFTER SHALL BE REGULATED BY THIS STATE ONLY TO THE EXTENT PROVIDED IN SECTIONS 4927.11 TO 4927.14 of the Revised Code.

(3) THE EARNINGS OF THE ELECTING CARRIER SHALL NOT BE SUBJECT TO REGULATION UNDER THIS TITLE FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, RATE OF RETURN REGULATION OR RATE BASE OR EARNINGS MONITORING OR REPORTING.

(4) THE ELECTING CARRIER MAY CONTINUE TO FOLLOW THE UNIFORM SYSTEM OF ACCOUNTS, OR MAY DETERMINE AND ACCOUNT FOR ITS INVESTMENTS, REVENUES, AND EXPENSES, INCLUDING DEPRECIATION EXPENSES, IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. IF THE ELECTING CARRIER CHOOSES THE LATTER, THE COMMISSION'S JURISDICTION OVER THE ELECTING CARRIER'S ACCOUNTING PRACTICES SHALL BE LIMITED TO ENSURING THAT THOSE PRACTICES ARE NOT INCONSISTENT WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.

(5) THE ELECTING CARRIER SHALL NOT BE SUBJECT TO ANY COMMISSION RULE OR ORDER REQUIRING A SEPARATE SUBSIDIARY FOR ANY PURPOSE. FURTHER, IF REQUIRED BY FEDERAL LAW TO ESTABLISH A SEPARATE SUBSIDIARY TO PROVIDE ANY SERVICE, THE ELECTING CARRIER SHALL NOT BE SUBJECT TO ANY COMMISSION RULE OR ORDER THAT WOULD IMPOSE ANY ADDITIONAL REQUIREMENT RELATING TO THE CARRIER'S RELATIONSHIP WITH THE SUBSIDIARY.

(6) THE ELECTING CARRIER MAY PACKAGE ANY OF ITS SERVICES WITH ANY OTHER SERVICE IT OR ANY OTHER ENTITY OFFERS, WITH OR WITHOUT A DISCOUNT, PROVIDED THAT PRIMARY BASIC LOCAL EXCHANGE SERVICE MAY BE PURCHASED SEPARATELY AT RATES ESTABLISHED IN ACCORDANCE WITH SECTIONS 4927.11 TO 4927.14 of the Revised Code, AND FURTHER PROVIDED THAT CUSTOMERS ARE INFORMED, THROUGH REASONABLE MEANS, THAT PRIMARY BASIC LOCAL EXCHANGE SERVICE MAY BE PURCHASED SEPARATELY. THE ELECTING CARRIER MAY CLOSE ANY SUCH PACKAGE TO NEW CUSTOMERS. IT ALSO MAY WHOLLY WITHDRAW ANY SUCH PACKAGE AFTER PROVIDING WRITTEN NOTICE TO EACH AFFECTED CUSTOMER AT LEAST THIRTY DAYS IN ADVANCE.

(7) THE ELECTING CARRIER MAY OFFER TO ANY CUSTOMER BASIC LOCAL EXCHANGE SERVICE, ANY OTHER PUBLIC TELECOMMUNICATIONS SERVICE, OR ANY COMBINATION OF THOSE SERVICES, PURSUANT TO THE TERMS AND CONDITIONS OF A CONTRACT ENTERED INTO BY THE ELECTING CARRIER AND THE CUSTOMER. SUCH A CONTRACT MAY INCLUDE SERVICES NOT REGULATED BY THE COMMISSION.

(8) DIVISION (B)(8) OF THIS SECTION APPLIES UNLESS THE PUBLIC UTILITIES COMMISSION DETERMINES THAT SUFFICIENT COMPETITION EXISTS WITHIN A SPECIFIC GEOGRAPHIC AREA TO DEREGULATE THE INTRASTATE SWITCHED ACCESS SERVICE RATES IN EFFECT WITHIN THAT AREA. THE MAXIMUM RATES FOR THE ELECTING CARRIER'S INTRASTATE SWITCHED ACCESS SERVICE SHALL BE EQUAL TO ITS INTRASTATE SWITCHED ACCESS RATES IN EFFECT ON THE FILING DATE OF THE NOTICE OF ELECTION.

(C) THE ELECTING CARRIER, EITHER ITSELF OR THROUGH AN AFFILIATE, SHALL DO BOTH OF THE FOLLOWING:

(1) IMPLEMENT AN ADVANCED SERVICES INFRASTRUCTURE THAT REACHES SIXTY PER CENT OF THE CARRIER'S CUSTOMERS IN THIS STATE WITHIN FOUR YEARS AFTER THE FILING DATE OF THE NOTICE OF ELECTION UNDER DIVISION (A) OF THIS SECTION;

(2) OFFER AN ENHANCED LIFELINE SERVICE PLAN WITHIN THREE MONTHS OF THAT FILING DATE AND FOR THE DURATION OF THE CARRIER'S ELECTION. SUCH PLAN SHALL BE A PLAN FOR REDUCED RATES FOR TELEPHONE SERVICE FOR ELIGIBLE CUSTOMERS THAT MEETS OR EXCEEDS THE BENEFITS AVAILABLE UNDER ANY PLAN OF ALTERNATIVE REGULATION APPROVED BY THE PUBLIC UTILITIES COMMISSION AND OFFERED ON THE EFFECTIVE DATE OF THIS SECTION.

Sec. 4927.11. FOR THE DURATION OF THE TWO-YEAR PERIOD BEGINNING ON THE FILING DATE OF A NOTICE OF ELECTION UNDER SECTION 4927.10 of the Revised Code:

(A) THE MAXIMUM RATES AND CHARGES FOR THE PRIMARY BASIC LOCAL EXCHANGE SERVICE OF THE ELECTING CARRIER SHALL BE THE RATES AND CHARGES OF THAT CARRIER THAT ARE IN EFFECT ON THE FILING DATE AND ARE SET FORTH IN THE CARRIER'S SCHEDULE FILED UNDER SECTION 4905.30 of the Revised Code. THE ELECTING CARRIER SHALL FILE A SCHEDULE UNDER THAT SECTION SETTING FORTH THE MAXIMUM RATES AND CHARGES FOR THE SERVICE AS AUTHORIZED BY THIS DIVISION AND ITS ACTUAL RATES AND CHARGES, WHICH ACTUAL RATES AND CHARGES SHALL NOT EXCEED THE MAXIMUM RATES AND CHARGES AUTHORIZED BY THIS DIVISION.

(B) THE ELECTING CARRIER AT ANY TIME MAY DECREASE SUCH RATES AND CHARGES FOR ITS PRIMARY BASIC LOCAL EXCHANGE SERVICE BY FILING A REVISED SCHEDULE WITH THE COMMISSION UNDER SECTION 4905.30 of the Revised Code.

(C) SUBSEQUENT TO A DECREASE UNDER DIVISION (B) OF THIS SECTION, THE ELECTING CARRIER MAY INCREASE THE RATES AND CHARGES FOR ITS PRIMARY BASIC LOCAL EXCHANGE SERVICE BY FILING A REVISED SCHEDULE WITH THE COMMISSION UNDER SECTION 4905.30 of the Revised Code, PROVIDED THAT THE INCREASED RATES AND CHARGES DO NOT EXCEED THE MAXIMUM RATES AND CHARGES SET FORTH IN THE SCHEDULE FILED UNDER DIVISION (A) OF THIS SECTION.

(D) THE ELECTING CARRIER MAY CHARGE DIFFERENT RATES OR CHARGES FOR PRIMARY BASIC LOCAL EXCHANGE SERVICE WITHIN ANY PORTION OF ITS LOCAL SERVICE AREA, PROVIDED ANY SUCH DIFFERENT RATES OR CHARGES DO NOT EXCEED THE MAXIMUM RATES OR CHARGES SET FORTH IN THE SCHEDULE FILED AND IN EFFECT UNDER DIVISION (A), (B), OR (C) OF THIS SECTION AS APPLICABLE, AND PROVIDED ANY SUCH DIFFERENT RATES OR CHARGES FOR RESIDENTIAL PRIMARY BASIC LOCAL EXCHANGE SERVICE IN ANY AREA DO NOT EXCEED THE RATES AND CHARGES FOR NONRESIDENTIAL PRIMARY BASIC LOCAL EXCHANGE SERVICE SET FORTH IN THOSE SCHEDULES WITHIN THE SAME AREA IN WHICH THE CARRIER PROVIDES THOSE SERVICES.

Sec. 4927.12. (A) UPON THE EXPIRATION OF THE TWO-YEAR PERIOD SPECIFIED IN SECTION 4927.11 of the Revised Code, ALL OF THE FOLLOWING APPLY TO THE RATES AND CHARGES FOR NONRESIDENTIAL PRIMARY BASIC LOCAL EXCHANGE SERVICE IN A PARTICULAR WIRE CENTER OF THE ELECTING CARRIER FOR AS LONG AS NONRESIDENTIAL BASIC LOCAL EXCHANGE SERVICE IN THE WIRE CENTER IS NOT SUBJECT TO FACILITIES-BASED COMPETITION AS DETERMINED PURSUANT TO DIVISION (C) OF THIS SECTION, OR APPLY TO RESIDENTIAL PRIMARY BASIC LOCAL EXCHANGE IN A PARTICULAR WIRE CENTER OF THE ELECTING CARRIER FOR AS LONG AS RESIDENTIAL BASIC LOCAL EXCHANGE SERVICE IN THE WIRE CENTER IS NOT SUBJECT TO FACILITIES-BASED COMPETITION AS SO DETERMINED:

(1) THE MAXIMUM RATES AND CHARGES FOR THAT SERVICE OF THE ELECTING CARRIER IN THE WIRE CENTER SHALL BE THE MAXIMUM RATES AND CHARGES OF THE CARRIER THAT ARE SET FORTH IN THE CARRIER'S SCHEDULE FILED IN ACCORDANCE WITH DIVISION (A), (B), OR (C) OF SECTION 4927.11 of the Revised Code AND THAT ARE IN EFFECT ON THAT EXPIRATION DATE, INCREASED BY FIVE PER CENT. THE ELECTING CARRIER SHALL FILE A SCHEDULE UNDER SECTION 4905.30 of the Revised Code SETTING FORTH THE MAXIMUM RATES AND CHARGES FOR THE SERVICE AS AUTHORIZED BY DIVISION (A)(1) OF THIS SECTION AND ITS ACTUAL RATES AND CHARGES FOR THE SERVICE, WHICH ACTUAL RATES AND CHARGES SHALL NOT EXCEED THE MAXIMUM RATES AND CHARGES AUTHORIZED BY DIVISION (A)(1) OF THIS SECTION.

(2) ON EACH ANNUAL ANNIVERSARY FOLLOWING THE EXPIRATION DATE OF THE TWO-YEAR PERIOD, THE MAXIMUM RATES AND CHARGES PRESCRIBED IN DIVISION (A)(1) OF THIS SECTION SHALL BE INCREASED BY FIVE PER CENT. THE ELECTING CARRIER SHALL FILE A SCHEDULE UNDER SECTION 4905.30 of the Revised Code SETTING FORTH THE MAXIMUM RATES AND CHARGES FOR THE SERVICE AS AUTHORIZED BY DIVISION (A)(2) OF THIS SECTION AND ITS ACTUAL RATES AND CHARGES FOR THE SERVICE, WHICH ACTUAL RATES AND CHARGES SHALL NOT EXCEED THE MAXIMUM RATES AND CHARGES AUTHORIZED BY DIVISION (A)(2) OF THIS SECTION.

(3) THE ELECTING CARRIER MAY DECREASE ITS ACTUAL RATES AND CHARGES FOR THE SERVICE IN THE WIRE CENTER BY FILING WITH THE COMMISSION UNDER SECTION 4905.30 of the Revised Code A REVISED SCHEDULE SETTING FORTH THE MAXIMUM RATES AND CHARGES FOR THE SERVICE AS AUTHORIZED BY DIVISION (A)(1) OR (2) OF THIS SECTION AND THE DECREASED ACTUAL RATES AND CHARGES FOR THE SERVICE.

(4) SUBSEQUENT TO ANY DECREASE UNDER DIVISION (A)(3) OF THIS SECTION, THE ELECTING CARRIER MAY INCREASE ITS ACTUAL RATES AND CHARGES FOR THE SERVICE IN THE WIRE CENTER BY FILING WITH THE COMMISSION UNDER SECTION 4905.30 of the Revised Code A REVISED SCHEDULE SETTING FORTH THE MAXIMUM RATES AND CHARGES FOR THE SERVICE AS AUTHORIZED BY DIVISION (A)(1) OR (2) OF THIS SECTION AND THE INCREASED ACTUAL RATES AND CHARGES FOR THE SERVICE, PROVIDED THAT THE INCREASED RATES AND CHARGES DO NOT EXCEED THE MAXIMUM RATES AND CHARGES SET FORTH IN THE SCHEDULE FILED UNDER DIVISION (A)(1) OR (2) OF THIS SECTION.

(5) THE ELECTING CARRIER MAY CHARGE DIFFERENT ACTUAL RATES AND CHARGES FOR THE SERVICE WITHIN ANY PORTION OF ITS LOCAL SERVICE AREA, PROVIDED ANY SUCH DIFFERENT RATES OR CHARGES DO NOT EXCEED THE RATES OR CHARGES SET FORTH IN THE SCHEDULE FILED AND IN EFFECT UNDER DIVISION (A)(1), (2), (3), OR (4) OF THIS SECTION AS APPLICABLE, AND PROVIDED ANY SUCH DIFFERENT ACTUAL RATES OR CHARGES FOR RESIDENTIAL PRIMARY BASIC LOCAL EXCHANGE SERVICE DO NOT EXCEED THE ACTUAL RATES AND CHARGES FOR NONRESIDENTIAL PRIMARY BASIC LOCAL EXCHANGE SERVICE SET FORTH IN THOSE SCHEDULES WITHIN ANY AREA IN WHICH THE CARRIER PROVIDES THOSE SERVICES.

(B)(1) ON AND AFTER THE EXPIRATION OF THE TWO-YEAR PERIOD SPECIFIED IN SECTION 4927.11 of the Revised Code AND ONCE THE NONRESIDENTIAL BASIC LOCAL EXCHANGE SERVICE IN A PARTICULAR WIRE CENTER OF THE ELECTING CARRIER IS SUBJECT TO FACILITIES-BASED COMPETITION AS DETERMINED PURSUANT TO DIVISION (C) OF THIS SECTION, THE RATES AND CHARGES OF THE ELECTING CARRIER FOR NONRESIDENTIAL PRIMARY BASIC LOCAL EXCHANGE SERVICE IN THE WIRE CENTER SHALL BE ESTABLISHED PURSUANT TO SECTION 4927.14 of the Revised Code ONLY AND SHALL NOT BE SUBJECT TO REGULATION BY THIS STATE.

(2) ON AND AFTER THE EXPIRATION OF THE TWO-YEAR PERIOD SPECIFIED IN SECTION 4927.11 of the Revised Code AND ONCE THE RESIDENTIAL BASIC LOCAL EXCHANGE SERVICE IN A PARTICULAR WIRE CENTER OF THE ELECTING CARRIER IS SUBJECT TO FACILITIES-BASED COMPETITION AS DETERMINED PURSUANT TO DIVISION (C) OF THIS SECTION, THE RATES AND CHARGES OF THE ELECTING CARRIER FOR RESIDENTIAL PRIMARY BASIC LOCAL EXCHANGE SERVICE IN THE WIRE CENTER SHALL BE ESTABLISHED PURSUANT TO SECTION 4927.14 of the Revised Code ONLY AND SHALL NOT BE SUBJECT TO REGULATION BY THIS STATE, EXCEPT THAT THE RATES AND CHARGES FOR RESIDENTIAL PRIMARY BASIC LOCAL EXCHANGE SERVICE SHALL NOT EXCEED AT ANY TIME THE RATES AND CHARGES FOR NONRESIDENTIAL PRIMARY BASIC LOCAL EXCHANGE SERVICE.

(C) FOR THE PURPOSES OF DIVISIONS (A) AND (B) OF THIS SECTION, THE COMMISSION SHALL DETERMINE, WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION AND THEREAFTER ON A QUARTERLY BASIS, WHETHER THERE IS FACILITIES-BASED COMPETITION BETWEEN TWO OR MORE LOCAL EXCHANGE CARRIERS FOR NONRESIDENTIAL AND FOR RESIDENTIAL BASIC LOCAL EXCHANGE SERVICE IN EACH WIRE CENTER OF AN ELECTING CARRIER. FOR THOSE PURPOSES, EACH FACILITIES-BASED LOCAL EXCHANGE CARRIER SHALL NOTIFY THE COMMISSION, IN A FORMAT PRESCRIBED BY THE COMMISSION, OF THE WIRE CENTERS IN WHICH IT OFFERS OR PROVIDES FACILITIES-BASED BASIC LOCAL EXCHANGE SERVICE TO RESIDENTIAL CUSTOMERS OR NONRESIDENTIAL CUSTOMERS, OR BOTH. ONCE THE COMMISSION HAS DETERMINED THAT THERE IS FACILITIES-BASED COMPETITION IN A WIRE CENTER, FURTHER NOTIFICATION BY THE FACILITIES-BASED LOCAL EXCHANGE CARRIERS AS TO THAT WIRE CENTER SHALL NOT BE REQUIRED.

Sec. 4927.13. (A) PROVIDED THAT AN ELECTING CARRIER IS IN COMPLIANCE WITH SECTIONS 4927.11 AND 4927.12 of the Revised Code, RATES AND CHARGES ESTABLISHED PURSUANT TO THOSE SECTIONS ARE DEEMED JUST AND REASONABLE. A SENIOR OFFICER OF THE ELECTING CARRIER SHALL VERIFY THE CARRIER'S COMPLIANCE WITH THOSE SECTIONS AND WITH DIVISIONS (B)(7) AND (9) AND DIVISION (C) OF SECTION 4927.10 of the Revised Code IN AN ATTESTATION FILED WITH THE PUBLIC UTILITIES COMMISSION NOT LATER THAN EACH ANNUAL ANNIVERSARY OF THE DATE OF THE FILING OF ITS NOTICE OF ELECTION UNDER SECTION 4927.10 of the Revised Code.

(B) RATES AND CHARGES ESTABLISHED PURSUANT TO SECTIONS 4927.11 TO 4927.12 OF THE REVISED CODE SHALL TAKE EFFECT WITHOUT COMMISSION APPROVAL.

(C) COMPLIANCE WITH SECTIONS 4927.11 AND 4927.12 of the Revised Code IS SUBJECT TO REVIEW BY THE COMMISSION UPON ITS OWN INITIATIVE OR UPON COMPLAINT PURSUANT TO SECTION 4905.26 of the Revised Code, AND THE RATES AND CHARGES ESTABLISHED UNDER THOSE SECTIONS SHALL NOT OTHERWISE BE SUBJECT TO SUCH REVIEW.

(D) AN ELECTING CARRIER THAT IMPLEMENTS ANY RATE INCREASE OR DECREASE AUTHORIZED BY SECTION 4927.11 OR 4927.12 of the Revised Code SHALL PROVIDE ITS AFFECTED CUSTOMERS PRIOR NOTICE OF THE INCREASE OR DECREASE.

Sec. 4927.14. (A) A TELEPHONE COMPANY, AT ITS OPTION, MAY FILE A SCHEDULE WITH THE PUBLIC UTILITIES COMMISSION IN ACCORDANCE WITH SECTION 4905.30 of the Revised Code SETTING FORTH RATES, CHARGES, TERMS, OR CONDITIONS FOR ANY PUBLIC TELECOMMUNICATIONS SERVICE OTHER THAN PRIMARY BASIC LOCAL EXCHANGE SERVICE, OR FOR PRIMARY BASIC LOCAL EXCHANGE SERVICE THAT IS SUBJECT TO THIS SECTION PURSUANT TO DIVISION (B)(1) OR (2) OF SECTION 4927.12 of the Revised Code. NOTHING IN THIS TITLE AUTHORIZES THE COMMISSION TO REQUIRE THAT SUCH A SCHEDULE BE FILED.

(B) ANY RATE OR CHARGE FOR A SERVICE DESCRIBED IN DIVISION (A) OF THIS SECTION MAY BE CHANGED AT ANY TIME BY THE TELEPHONE COMPANY PROVIDING THE SERVICE AFTER REASONABLE NOTICE TO AFFECTED CUSTOMERS. THE REVISED RATE OR CHARGE SHALL BE EFFECTIVE UPON THE COMPANY'S FILING OF A NOTICE OF THE CHANGE WITH THE COMMISSION OR UPON THE FILING OF A REVISED SCHEDULE UNDER SECTION 4905.30 OF THE REVISED CODE. THE RATE OR CHARGE FOR THE SERVICE MAY BE DIFFERENT IN THE VARIOUS AREAS SERVED BY THE COMPANY.

Sec. 4927.20. (A) A TELEPHONE COMPANY MAY CLOSE TO NEW CUSTOMERS OR WHOLLY WITHDRAW ANY PUBLIC TELECOMMUNICATIONS SERVICE OTHER THAN PRIMARY BASIC LOCAL EXCHANGE SERVICE, OR MAY SO CLOSE OR WITHDRAW PRIMARY BASIC LOCAL EXCHANGE SERVICE THAT IS SUBJECT TO SECTION 4927.14 OF THE REVISED CODE PURSUANT TO DIVISION (B)(1) OR (2) OF SECTION 4927.12 of the Revised Code, WITHOUT APPROVAL OF THE PUBLIC UTILITIES COMMISSION AND, IN THE CASE OF A WITHDRAWAL OF SERVICE, ONLY AFTER PROVIDING WRITTEN NOTICE TO EACH AFFECTED CUSTOMER AT LEAST THIRTY DAYS IN ADVANCE.

(B) A TELEPHONE COMPANY MAY PACKAGE ANY SERVICE DESCRIBED IN DIVISION (A) OF THIS SECTION WITH ANY OTHER SERVICE, REGARDLESS OF WHETHER THE SERVICES ARE REGULATED BY THE COMMISSION.

(C) A TELEPHONE COMPANY MAY OFFER ANY SERVICE DESCRIBED IN DIVISION (A) OF THIS SECTION THAT IT IS NOT CURRENTLY OFFERING OR MAY OFFER ANY PUBLIC TELECOMMUNICATIONS SERVICE NEVER BEFORE OFFERED IN THIS STATE, BY PROVIDING NOTICE TO THE COMMISSION OF ITS INTENT TO OFFER THE SERVICE.

Sec. 4927.21. A LOCAL EXCHANGE CARRIER AUTHORIZED TO PROVIDE PUBLIC TELECOMMUNICATIONS SERVICES IN THIS STATE NEED NOT SEEK ADDITIONAL AUTHORITY FROM THE PUBLIC UTILITIES COMMISSION TO PROVIDE SUCH SERVICES AT ANY LOCATION IN THIS STATE, PROVIDED THE CARRIER IS NOT THE SUBJECT OF AN OUTSTANDING FINDING OF INADEQUATE SERVICE BY THE COMMISSION UNDER SECTION 4905.26 of the Revised Code.

Sec. 4927.22. THE PUBLIC UTILITIES COMMISSION MAY REGULATE WHOLESALE PUBLIC TELECOMMUNICATIONS SERVICES ONLY IN ACCORDANCE WITH RULES AND POLICIES ADOPTED BY THE FEDERAL COMMUNICATIONS COMMISSION. NOTHING IN THIS CHAPTER AFFECTS THE AUTHORITY OF THE COMMISSION UNDER 47 U.S.C.A. 252, 110 STAT. 66, TO ESTABLISH RATES AND TERMS FOR THE PROVISION OF WHOLESALE PUBLIC TELECOMMUNICATIONS SERVICES.

Sec. 4927.23. THE PUBLIC UTILITIES COMMISSION HAS NO JURISDICTION UNDER CHAPTERS 4903. TO 4909. OF THE REVISED CODE OR THIS CHAPTER REGARDING THE RATES CHARGED TO END USER CUSTOMERS FOR RETAIL COIN-OPERATED TELEPHONE SERVICE IN THIS STATE.

Sec. 4927.24. THE PUBLIC UTILITIES COMMISSION SHALL ADOPT RULES FOR THE USE OF CUSTOMER PROPRIETARY NETWORK INFORMATION. THE RULES SHALL BE CONSISTENT WITH, BUT NOT MORE EXTENSIVE THAN, RULES ADOPTED BY THE FEDERAL COMMUNICATIONS COMMISSION UNDER 47 C.F.R. 64.2001 TO 64.2009.

Sec. 4927.25. THE PUBLIC UTILITIES COMMISSION SHALL CONDUCT A STUDY OF THE NEED FOR AN INTRASTATE UNIVERSAL SERVICE FUND IN THIS STATE AND SHALL REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, INCLUDING ITS RECOMMENDATIONS CONCERNING THE IMPLEMENTATION OF SUCH A FUND. NOTHING IN THIS SECTION AUTHORIZES THE COMMISSION TO ESTABLISH AN INTRASTATE UNIVERSAL SERVICE FUND.

Sec. 4927.30. EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, NOTHING IN THIS CHAPTER AFFECTS THE COMMISSION'S AUTHORITY WITH RESPECT TO A TELEPHONE COMPANY, OR ANY OFFICER, AGENT, OR EMPLOYEE OF THE COMPANY, UNDER CHAPTERS 4903. TO 4909. of the Revised Code, INCLUDING, BUT NOT LIMITED TO, THE COMMISSION'S AUTHORITY UNDER SECTION 4905.381 of the Revised Code AND ITS AUTHORITY UNDER SECTIONS 4905.57 TO 4905.60, 4905.63, AND 4905.64 of the Revised Code TO ENFORCE SECTIONS 4905.51, 4905.55, AND 4905.71 of the Revised Code AND DIVISION (C) OF SECTION 4927.10 of the Revised Code WITH RESPECT TO AN ELECTING CARRIER OR ANY OFFICER, AGENT, OR EMPLOYEE OF AN ELECTING CARRIER.