Ohio Administrative Code
Title 4901:1 - Utilities
Chapter 4901:1-6 - Retail Telecommunication Services
Section 4901:1-6-27 - Carrier of last resort (COLR)
Current through all regulations passed and filed through March 18, 2024
(A) Except as otherwise provided in this rule, or rule 4901:1-6-21 of the Administrative Code, an incumbent local exchange carrier (ILEC) shall provide basic local exchange service (BLES) to all persons or entities in its service area requesting that service on a reasonable and nondiscriminatory basis.
(B) An ILEC is not obligated to construct facilities and provide BLES, or any other telecommunications service, to the occupants of multitenant real estate, including, but not limited to, apartments, condominiums, subdivisions, office buildings, or office parks, if the owner, operator, or developer of the multitenant real estate does any of the following to the benefit of any other provider of telecommunications service:
(C) An ILEC not obligated to construct facilities and provide BLES pursuant to paragraph (B) of this rule shall notify the commission of that fact within one hundred twenty days of receiving knowledge thereof. Such notification is to be filed in a zero day notice under a ZTA case caption including, where applicable, any necessary tariff revisions outlining the geographic boundaries of the ILEC's service area to which the notification would apply. In addition, the notice shall specify the circumstances under which the company qualifies to invoke paragraph (B) of this rule.
(D) An ILEC that receives a request from any person or entity to provide BLES under the circumstances described in paragraph (B) of this rule shall provide, notice to the requesting person or entity in accordance with division (B)(4) of section 4927.11 Revised Code.
(E) In resolving any complaint under paragraph (D) of this rule, the commission's determination will be limited to whether any circumstance described in paragraphs (B)(1) to (B)(3) of this rule exists. Upon a finding by the commission that such a circumstance exists, the complaint will be dismissed. Upon a finding that such circumstances do not exist, the person's or entity's sole remedy will be provision by the ILEC of the requested service within a reasonable time, as determined by the commission.
(F) When the circumstances described in paragraph (B) of this rule cease to exist, and a person or entity subsequently requests that the ILEC provide BLES, the ILEC will be required to provide BLES to such real estate, unless the ILEC files with the commission a request for waiver pursuant to paragraph (G) of this rule and such request is granted. In the event that the commission determines that the ILEC should not be required to provide BLES, the commission will initiate a commission proceeding for determining a successor telephone company.
(G) An ILEC may apply to the commission for a waiver from compliance with paragraph (A) of this rule in circumstances other than those listed in paragraph (B) of this rule, through an application for waiver (WVR) filing in accordance with division (D) of section 4927.11 Revised Code.
(H) A waiver application filed under paragraph (G) of this rule that does not contain all of the information required by paragraph (G)(1) of this rule will be considered deficient and will not trigger the one hundred twenty-day review period in paragraph (G)(4) of this rule until the date that a complete application has been filed by the applicant. The commission, the legal director, or an attorney examiner has the authority to issue an entry either dismissing the application or establishing the date that the application is complete and begin the one hundred twenty-day review period.
Replaces: 4901:1-6-27