Current through all regulations passed and filed through September 16, 2024
(A) Rates for basic local exchange service
(BLES) offered by a local exchange company (LEC) are subject
to the tariff requirements and pricing constraints set forth in this
rule.
(B) BLES regulatory framework
(1) BLES can only be
offered by LECs pursuant to approved tariffs on file with the commission. A LEC
offering BLES shall maintain a complete, up-to-date tariff on file at the
offices of the commission at all times.
(2) The tariff for BLES shall contain all
rates, terms, and conditions for BLES and installation and reconnection fees
for BLES.
(3) The BLES pricing
flexibility for incumbent local exchange carriers (ILECs) set forth in this
rule will be applied to the monthly recurring rates for the
network access line component or equivalent of a single residential BLES line
or a primary small business BLES line.
(4) BLES is considered BLES for purposes of
this chapter regardless of what other a la carte services and features to which
a customer may subscribe.
(5) A
bundle or package of telecommunications services which includes telephone
exchange service is not subject to the pricing constraints contained in
paragraph (C) of this rule and section
4927.12 of the Revised Code and
may be priced at market-based rates.
(6) An ILEC offering BLES outside of its
traditional service area or a competitive local exchange carrier (CLEC)
affiliate of an ILEC offering BLES within or outside of that ILEC's traditional
service area shall follow all BLES rules in this chapter that are applicable to
CLECs offering BLES.
(C)
For-profit ILEC BLES pricing flexibility
(1)
Upon not less than thirty day's notice, pursuant to paragraph (F)(5) of this
rule, a for-profit ILEC may increase its rates for BLES:
(a) If an ILEC, within twelve months prior to
September 13, 2010, increased the ILECs' rates for BLES for the exchange area,
both of the following apply:
(i) An ILEC
during any subsequent twelve-month period, may alter the ILEC's monthly rates
for BLES downward by any amount, but not below the carrier's incremental cost,
or upward for an exchange area by not more than two dollars.
(ii) An ILEC may make multiple rate
increases, in the exchange to which the application applies, within the
twelve-month period that begins on the thirty-first day after the company files
the application, and during any subsequent twelve-month period in compliance
with paragraph (F)(5) of this rule, as long as the multiple increases do not
exceed the two dollar annual price increase cap. An ILEC does not have to
increase the carrier's monthly rates for BLES for residential and business
customers concurrently.
(b) If the ILEC did not, within twelve months
prior to September 13, 2010, increase the ILEC's rates for BLES for an exchange
area, and if the commission has made a prior determination that the exchange
area qualified for alternative regulation of BLES under Chapter 4901:1-4 of the
Administrative Code, as that chapter existed on September 13, 2010, the ILEC
during any subsequent twelve-month period, may alter the ILEC's monthly rates
for BLES downward by any amount, but not below the carrier's incremental cost,
or upward for the exchange area by not more two dollars.
(c) If the commission has not made a prior
determination that an exchange area qualified for alternative regulation of
BLES under Chapter 4901:1-4, of the Administrative Code, as that chapter
existed on September 13, 2010, an ILEC may, at any time, alter the ILEC's rate
for BLES for that exchange area downward by any amount, but not below the
carrier's incremental cost. The carrier may not alter its rates for BLES upward
for that exchange area unless the ILEC first applies to the commission and the
commission determines that the application demonstrates that two or more
alternative providers offer, in the exchange area, competing service to the
BLES offered by the ILEC in the exchange area, regardless of the technology and
facilities used by the alternative provider, the alternative provider's
location, and the extent of the alternative provider's service area within the
exchange area.
(i) Upon the filing of an
application under paragraph (C)(1)(c) of this rule pursuant to a BLS case
purpose code, the commission will be deemed to have found that the application
meets the requirements of that paragraph unless the commission, within thirty
days after the filing of an application, does either of the following:
(a) issues an order finding that the
requirements have not been met or
(b) suspends the automatic approval for good
cause shown. The commission should then act to approve or deny the application
not later than ninety-days after the date of suspension.
(ii) If an ILEC applies to the commission
under paragraph (C)(1)(c) of this rule and the application is approved or
deemed approved under paragraph (C)(1)(c)(i) of this rule, the ILEC during the
twelve-month period that begins on the thirty-first day after the application
was deemed approved or the date the commission issues an order approving an
application that was suspended, and during any subsequent twelve-month period,
may alter the carrier's monthly rates for BLES upward for the exchange area to
which the application applies by not more than two dollars.
(2) Banking
Any rate increase allowed by this rule that is not used during
a twelve-month period by a for-profit ILEC may not be used in any subsequent
year.
(D) Not-for
profit ILEC pricing flexibility.
At any time, and upon no less than thirty days' notice pursuant
to paragraph (F)(5) of this rule, a not-for-profit mutual ILEC, owned and
operated exclusively by and solely for its customers, may increase its rates
for BLES by any amount.
(E)
ILEC BLES application, process, and notice
(1)
If the commission has not made a prior determination that the exchange area
qualified for alternative regulation of BLES under Chapter 4901:1-4 of the
Administrative Code, as that chapter existed on September 13, 2010, a
for-profit ILEC must file an application seeking approval to obtain BLES
pricing flexibility as set forth in paragraph (C)(1)(c)(i) of this rule, using
the most up-to-date telecommunications filing form, under the case purpose code
TP-BLS.
(2) A for-profit ILEC shall
establish or maintain a tariffed rate cap for BLES consistent with paragraphs
(C)(1)(a)(ii), (C)(1)(b), and (C)(1)(c)(ii) of this rule. Such ILECs shall file
an updated tariff, for each exchange area with BLES pricing flexibility, at the
end of each exchange's twelve-month period, to reflect the new anniversary date
and, as necessary, the new tariffed rate cap for BLES. Such tariff
is to be
filed as a zero-day tariff amendment (ZTA).
(3) A for-profit ILEC's BLES price change(s)
below its annual tariffed cap for BLES is subject to a zero-day notice filing
under the company's tariff filing (TRF) docket.
(4) A not-for-profit ILEC's BLES rates may be
established and changed in its tariff pursuant to a zero-day notice filing
under the company's tariff filing (TRF) docket.
(5) Increases in an ILEC's BLES rates
pursuant to paragraphs (C) and (D) of this rule require customer notice,
consistent with the requirements of rule
4901:1-6-07 of the
Administrative Code, to all affected customers, including the office of the
Ohio consumers' counsel (OCC) if residential BLES is involved, not less than
thirty days prior to the rate increase. A copy of the applicable customer
notice must be provided to commission staff no later than the date it is
provided to customers by emailing the text of the customer notice to a
commission-provided electronic mailbox at:
Telecomm-Rule07@puco.ohio.gov.
(F) BLES pricing flexibility exemption for
ILECs.
Not earlier than four years after the effective date of section
4927.123 of the Revised Code as
enacted in substitute House Bill 402 of the 132nd General Assembly, an ILEC may
apply for an exemption from the requirements of paragraph (C) of this rule for
an exchange area subject to paragraph (F)(3) of this rule.
(1) A for-profit ILEC may apply for an
exemption from the requirements of paragraph (C) of this rule provided that:
(a) the ILEC shows it has experienced at
least fifty percent line loss in the exchange area since January 1, 2002 and
one of the following applies:
(i) the ILEC,
within twelve months prior to September 13, 2010, increased the ILEC's rates
for BLES for the exchange area;
(ii) the commission has made a prior
determination that the exchange area qualified for alternative regulation of
BLES under Chapter 4901:1-4 of the Administrative Code, as that chapter existed
on September 13, 2010, or;
(iii)
the ILEC filed an application for the exchange area that was approved or deemed
approved pursuant to paragraph (C)(1)(c) of this rule.
(2) Upon the filing of an
application under paragraph (F)(1) of this rule pursuant to a BEX case purpose
code, the commission will be deemed to have found that the application
meets the requirements of that paragraph unless the commission, within thirty
days after the filing of an application issues an order finding that the
requirements have not been met.
(3)
If an ILEC applies to the commission under paragraph (F)(1) of this rule and
the application is approved or deemed approved under paragraph (F)(2) of this
rule, the ILEC will be exempt from the requirements of paragraph (C)
of this rule for the exchange area to which the application applies, except the
ILEC may not alter the ILEC's BLES rate below the ILEC's incremental
cost.
(4) Increases in an ILEC's
BLES rates, after the application is approved or deemed approved under
paragraph (F)(2) of this rule require customer notice, consistent with the
requirements of rule
4901:1-6-07 of the
Administrative Code, to the commission and all affected customers, including
the office of the Ohio consumers' counsel (OCC) if residential BLES is
involved, not less than thirty days prior to the rate increase. A copy of the
applicable customer notice is to be provided to commission staff no later than
the date it is provided to customers by emailing the text of the customer
notice to a commission-provided electronic mailbox at:
Telecomm-Rule07@puco.ohio.gov.
(5)
Subsequent rate alterations to BLES rates, in exchanges approved or deemed
approved under paragraph (F)(2) of this rule, shall be changed in its tariff
pursuant to a zero-day notice filing under the company's tariff filing (TRF)
docket.
(6) The granting of an
exemption does not impair the rights of any person to file a complaint pursuant
to section 4927.21 of the Revised Code or
restrict the rights of the commission to initiate such a complaint.
(G) A decrease in BLES rates by a
for-profit ILEC, under paragraph (C), (D) or (F) of this rule, shall be changed
in the company's tariff pursuant to a zero-day notice filing under the
company's tariff filing (TRF) docket and include an affidavit attesting that
the decreased rate is not below the ILEC's incremental cost. A decrease in an
ILEC's BLES rate is presumptively deemed above the carrier's incremental cost,
subject to rebuttal, if the rate decrease is not more than twenty per cent of
the ILEC's BLES rate at the time of the decrease.
(H) CLEC BLES pricing flexibility, process,
and notice:
(1) CLECs may establish the
tariffed rate(s) for any BLES offerings based on the marketplace.
(2) A CLEC's BLES rate change(s) is subject
to a zero-day notice filing under the company's tariff filing (TRF)
docket.
(3) A CLEC may increase its
BLES rates on no less than thirty days' written notice to affected customers,
including OCC if residential BLES is involved. Such increases require customer
notice consistent with the requirements of rule
4901:1-6-07 of the
Administrative Code. A copy of the applicable customer notice must be provided
to commission staff no later than the date it is provided to customers by
emailing the text of the customer notice to a commission-provided electronic
mailbox at: Telecomm-Rule07@puco.ohio.gov.
(I) New services, change in terms and
conditions and expansion of local service area
(1) In order to introduce BLES or for an
expansion of a local service area, a LEC must docket a zero-day notice filing
(ZTA) with the commission to amend its tariff, in accordance with the process
set forth in rule
4901:1-6-04 of the
Administrative Code. The ZTA will take effect in accordance with paragraph (B)
of rule
4901:1-6-05 of the
Administrative Code.
(2) Material
changes in terms and conditions of an existing BLES by a LEC, including the
introduction of a nonrecurring service charge, surcharge or fee to BLES by a
CLEC, are
to be filed through a thirty-day application for tariff amendment (ATA)
filing. A standard of reasonableness will be applied to these charges
including, but not limited to, a comparison with similar charges previously
approved by the commission and similar charges assessed by other providers.
Such application requires a customer notice to be filed in accordance with rule
4901:1-6-07 of the
Administrative Code.
(J)
BLES late payment charges
Late payment charges for BLES may be introduced or increased
through a thirty-day ATA filing. A standard of reasonableness will be applied
to late payment charges including, but not limited to, a comparison with
similar charges previously approved by the commission and similar charges
assessed by non-regulated providers. Such application requires a customer
notice to be filed in accordance with rule
4901:1-6-07 of the
Administrative Code.
(K)
BLES installation and reconnection fees
Any ILEC nonrecurring service charges for installation and
reconnection of a single residential or primary business BLES line
are to
be included in the BLES tariff and may be increased through a thirty-day
application for tariff amendment (ATA) filing. A standard of reasonableness
will be applied to nonrecurring service charges for installation and
reconnection. Applications for increases to nonrecurring reconnection charges
requires a customer notice to be filed in accordance with rule
4901:1-6-07 of the
Administrative Code.
