Current through all regulations passed and filed through December 11, 2023
(A) Any telephone company desiring to offer
telecommunication services in Ohio shall file an application for certification
(ACE) with the commission using the most up-to-date telecommunications filing
form available from the commission's web site. The form serves to identify the
specific types of telecommunication services the applicant wishes to offer, and
to verify the applicant's commitment to comply with all applicable commission
rules and regulations.
(B)
Paragraph (A) of this rule does not apply to any incumbent local exchange
carrier (ILEC) with respect to its geographic service area as that area existed
on September 13, 2010. An ILEC or its holding company seeking to operate
outside of its geographic service area as that area existed on September 13,
2010 shall file an application for certification.
(C) Certificate timeline
(1) Interested persons who can show good
cause why such application should not be granted may file with the
commission a written statement detailing the reasons, as well as a motion to
intervene, within fifteen calendar days after the application is docketed. The
applicant may respond to any motion to intervene no later than seven calendar
days after the filing and service of the motion.
(2) Absent full or partial suspension,
applications seeking certification as a telephone company will be approved in
accordance with the thirty-day automatic approval process described in rule
4901:1-6-05 of the
Administrative Code.
(D)
The commission's docketing division will assign a tariff filing (TRF) docket
number, if applicable, and inform the applicant of that number within fourteen
days of filing so that the applicant may finalize its tariff and price lists
prior to the automatic approval date of the ACE. Failure to file all necessary
tariff revisions requested by commission staff prior to the thirtieth day from
initial filing of the ACE application will result in suspension or dismissal of
the application. Final tariffs, where applicable, may be filed in
the ACE case as well as in the applicant's TRF docket no later than ten days
after the automatic approval date.
(E) Minimum information required to be filed
by all applicants seeking certification as a telephone company to operate in
the state of Ohio is as follows:
(1) A
certificate of good standing and a certificate to operate as an out-of-state
entity issued by the Ohio secretary of state and, if applicable, fictitious
name authorization.
(2) The
company's name and address, and if available, e-mail address and web
site.
(3) The name of a contact
person and that person's contact information.
(4) A general description and list of the
types of telecommunications service(s) proposed to be offered and a description
of the general geographic area served (maps are not required).
(5) Verification that the applicant will
follow federal communications commission (FCC) accounting requirements, if
applicable.
(6) Documentation
attesting to the applicant's satisfactory technical expertise relative to the
proposed service offering(s).
(7)
Documentation indicating the applicant's satisfactory corporate structure,
managerial expertise, and ownership.
(8) Information pertaining to any similar
operations provided by the applicant in other states.
(9) Evidence of notice to the Ohio department
of taxation, public utilities tax division, of the applicant's intent to
provide service.
(10) Any waivers
sought by the applicant, submitted pursuant to rule
4901:1-6-02 of the
Administrative Code.
(11)
Documentation attesting to the applicant's financial viability, including, at a
minimum, an actual and pro forma income statement and balance sheet.
(12) For competitive local exchange carriers
(CLECs), a notarized affidavit signed by an authorized employee and accompanied
by the bona fide request for interconnection letter sent to the ILEC that
verifies that the applicant has entered into negotiations to establish an
interconnection and/or transport and termination agreements with, at a minimum,
the ILEC(s) serving the geographic area(s) where the applicant will be
providing its services. If the agreements(s) have already been filed with the
commission for approval, the specific case numbers should be stated. To the
extent the agreements have not been filed, the applicant should state the
estimated time frame for such filing. An applicant that intends to provide
service to customers by solely reselling the retail services of an underlying
facilities-based CLEC is exempt from this requirement. Upon receiving certification,a CLEC
may
start providing service after it files with the commission, for the
commission's approval, an interconnection and/or transport and termination
agreement with the ILEC and/ or a resale agreement with another CLEC as
required pursuant to this rule.
(F) Additional requirements to be submitted
by a telephone company seeking to offer basic local exchange service (BLES) or
other services required to be tariffed under Chapter 4927. of the Revised Code
and rule
4901:1-6-11 of the
Administrative Code include:
(1) Proposed
tariffs, including a full description of proposed services and operations as
well as all relevant terms and conditions for BLES and other retail services
set forth in rule
4901:1-6-11 of the
Administrative Code if offered to customers. Tariffs may incorporate by
reference the exchanges of an ILEC if the applicant is proposing to mirror the
ILEC's local service areas in its entirety. If an applicant is a
facilities-based CLEC, it is to provide a carrier-to-carrier tariff, which at a
minimum includes an access tariff. Other wholesale services set forth in rule
4901:1-6-11 of the
Administrative Code, if offered to wholesale customers,
is to
also be tariffed in its carrier-to-carrier tariff.
(2) A list of the ILECs in whose territory
the applicant intends to serve. If the applicant is not mirroring an ILEC's
entire local service area, the CLEC has to
specifically define its local service area.
(3) Nothing precludes the staff of the
commission from requiring additional information consistent with this
chapter.
(G) Scope of
operating authority
(1) The commission
will
grant statewide operating authority to a telephone company seeking to offer
telecommunications services provided that the company meets the associated
certification requirements.
(2) A
CLEC has
to update its certification if it seeks to expand its operation within
its statewide authorization subsequent to certification. To do so, the CLEC
will file
in its TRF case a notarized affidavit signed by an authorized employee
verifying that the CLEC has an interconnection and/or transport and termination
traffic agreement with the ILEC serving the territory into which the CLEC
intends to expand and identifying the specific case numbers in which the
agreements were filed. The CLEC will also file any tariff update, if
applicable.
(H) The
commission may suspend or reject the certification application of a telephone
company if it finds, within thirty days after filing and based on the
information provided in the application, that the applicant lacks financial,
technical, or managerial ability sufficient to provide adequate service to the
public consistent with law.
(I)
Suspension or revocation of certificate
Nothing contained within these rules precludes the commission,
after reasonable notice and an opportunity to be heard, from suspending,
rescinding or conditionally rescinding the certification of a telephone company
upon a demonstration that the company has engaged in a pattern of conduct in
violation of Ohio law. This includes the failure to comply with the rules of
the commission, including the failure to file the requisite annual reports and
the failure to pay all corresponding assessments.
Effective:
8/31/2023
Five Year Review (FYR) Dates:
11/10/2023
Promulgated
Under: 111.15
Statutory Authority: 4927.03, 4901.13
Rule Amplifies: 4927.05
Prior Effective Dates:
04/08/2003, 09/18/2007, 01/20/2011,
05/24/2018
