Current through all regulations passed and filed through September 16, 2024
[Comment: For dates of references to a section of either the
United States Code or a regulation in the code of federal regulations, see rule
4901:1-6-02 of
the Administrative Code.]
(A) Every
telephone company shall update its certification authority if there is any
change in its operations as identified in this rule.
(B) Procedures for notifying the commission
of updates to certification authority and certain changes in operations by a
local exchange carrier (LEC) providing basic local exchange service (BLES).
(1) A LEC providing BLES shall file a
telecommunications filing form pursuant to paragraph (A) of rule
4901:1-6-04
of the Administrative Code and the required attachments as set forth on that
form for an application notifying the commission of the following changes in
its operations in the appropriate application listed in this paragraph:
(a) ATC - An application to transfer a
certificate to a preselected transferee.
(b) ATR - An application to conduct a
transaction involving one or more LECs providing BLES for the purchase, sale,
or lease of property, plant, or business which may affect the operating
authority of a party to the transaction.
(c) ACN - An application to change the name
of a LEC providing BLES.
(2) All applications filed pursuant to
paragraph (B)(1) of this rule are subject to a thirty-day automatic approval
process as described in rule
4901:1-6-05
of the Administrative Code.
(C) Procedures for notifying the commission
of updates to certification authority and certain changes in operations by
telephone companies.
(1) All telephone
companies, except LECs providing BLES subject to the
exception set forth in paragraph (E)(2) of this rule, shall file a
telecommunications filing form pursuant to paragraph (A) of rule
4901:1-6-04
of the Administrative Code and the required attachments as set forth on that
form when notifying the commission of the following changes in operations
(CIO):
(a) For any change in ownership which
is transparent to customers.
(b)
For an application to transfer a certificate and/or conduct a sale or lease of
property, plant, customer base, or business which may affect the operating
authority of a party(ies) to the transaction.
(c) For an application by two or more
telephone companies to merge.
(d)
For an application to change the name of a telephone company.
(2) A CIO application is subject
to a zero-day notice filing process as described in rule
4901:1-6-05
of the Administrative Code.
(D) Customer notification
A telephone company shall provide to its affected customers, in
accordance with rule
4901:1-6-07
of the Administrative Code, at least fifteen days' advance notice (e.g., direct
mail, bill insert, or bill notation) of any change in the company's operations
identified by this rule that is not transparent to its customers and may impact
service, and file a copy of such notice with the commission concurrent with the
filing of an application under this rule. In the alternative, a telephone
company subject to the notification procedures set forth in
47
C.F.R. 63.71, may submit evidence of a
customer notice already provided for the purpose of informing subscribers of a
change in operations consistent with the requirements of the federal
communications commission.
(E) Procedures for merger and change in
control applications of a LEC providing BLES
(1)
A LEC providing
BLES shall obtain the prior approval of the commission for a change in control
(ACO) or approval of a merger with another telephone company (AMT) under
section 4905.402 of the Revised Code. An
applicant shall file with the commission a telecommunications filing form
pursuant to rule
4901:1-6-04
of the Administrative Code and the required attachments as set forth on that
form. An AMT and/or ACO application must demonstrate that the change in control
or merger will promote public convenience and result in the provision of
adequate service for a reasonable rate, rental, toll, or charge. If the
commission considers a hearing necessary, it may fix a time and place for
hearing. If, after review of the application, and after any necessary hearing,
the commission is satisfied that approval of the application will promote
public convenience and result in the provision of adequate service for a
reasonable rate, rental, toll, or charge, the commission shall approve the
application and make such order as it considers proper. If the commission fails
to issue an order within thirty days of the filing of the application, or
within twenty days of the conclusion of a hearing, if one is held, the
application shall be deemed approved.
(2)
Paragraph (E)(1)
of this rule does not apply in any instance where there is a pending
application with the federal communications commission (FCC) regarding either
the acquisition of control of a domestic telephone company or a holding company
controlling a domestic telephone company or a merger of a domestic telephone
company. A domestic telephone company or a holding company controlling a
domestic telephone company that files an application with the FCC seeking
authority for a transfer of control or merger shall file, on the same day that
the domestic telephone company or a holding company controlling a domestic
telephone company files its application with the FCC, a telecommunications
filing form pursuant to paragraph (A) of rule
4901:1-6-04
of the Administrative Code for a change in operations (CIO). Such notice shall
include an internet link to the FCC application. A CIO application is subject
to a zero-day notice filing process as described in rule
4901:1-6-05
of the Administrative Code.
Effective:
2/17/2020
Five Year Review (FYR) Dates:
5/14/2023
Promulgated Under:
111.15
Statutory
Authority: R.C. 4901.13,
4905.402,
4927.03
Rule
Amplifies: R.C. 4905.402,
4927.05
Prior
Effective Dates: 01/20/2011, 05/24/2018
