Current through Register Vol. 63, No. 9, September 1, 2024
(1) The purpose of this rule is to provide
for an exchange of information, in order to ensure that a requesting Local
Service Provider (LSP) has enough customer information from the current LSP, so
a customer can migrate local exchange service from one LSP to another in a
seamless and timely manner, without delays or unnecessary procedures. This rule
does not relieve carriers of any requirements imposed by either the Federal
Communications Commission (FCC) regarding Customer Proprietary Network
Information in 47 Code of Federal Regulations (CFR), Part 64, § 64.2001
through § 64.2009, or by Section 222 of the Communications Act of 1934, as
amended (47 USC
222).
(2) This rule:
(a) Applies to telecommunications carriers
without an approved interconnection agreement with the requesting LSP that
addresses requirements covered by this rule.
(b) Does not apply to telecommunication
cooperatives.
(c) Does not apply to
telecommunications carriers with an interconnection agreement with the
requesting LSP, which is approved pursuant to OAR 860-016-0020 through
860-016-0030, that addresses requirements covered by this rule.
(3) For purposes of this rule, the
following definitions apply:
(a) "Carrier" or
"telecommunications carrier" means any provider of intrastate
telecommunications service as defined in ORS
759.005(1).
"Carrier" or "telecommunications carrier" includes competitive providers and
telecommunications utilities.
(b)
"Circuit ID" means circuit identification number of a loop.
(c) "Commission" means the Public Utility
Commission of Oregon.
(d)
"Competitive local exchange carrier" or "CLEC" means a competitive provider as
defined in OAR 860-032-0001 that provides local exchange service.
(e) "Customer" means a subscriber, end-user,
or consumer of local exchange services or an applicant for local exchange
services.
(f) "Customer service
record" or "CSR" means the customer's account information, which includes the
customer's address, features, services, and equipment.
(g) "Customer proprietary network
information" or "CPNI" has the meaning given in OAR 860-032-0510.
(h) "Current LSP" means the LSP from whom a
customer receives local exchange service prior to migrating to another LSP.
After migration occurs, the current LSP becomes the customer's old
LSP.
(i) "Local exchange service"
has the meaning given in OAR 860-032-0001.
(j) "Local service provider" or "LSP" means
the carrier that interacts directly with the customer and provides local
exchange service to that customer. Based on the service configuration, an LSP
can also be the NSP. In some cases, the following more specific designations
may be used:
(A) "New local service provider"
or "new LSP" means the new local service provider after service migration
occurs.
(B) "Old local service
provider" or "old LSP" means the old local service provider after service
migration occurs.
(k)
"Local service request" or "LSR" means the industry standard forms and
supporting documentation for ordering local exchange services.
(l) "Network service provider" or "NSP" means
the company whose network carries the dial tone, switched services and loop(s)
to the customer. Based on the service configuration, a NSP can also be the LSP.
In some cases the following more specific designations may be used:
(A) "Network service provider-switch" or
"NSP-switch" means the provider that provides the dial tone and switched
services.
(B) "Network service
provider-loop" or NSP-loop" means the provider of the local loop to the end
user premises or other mutually agreed upon point.
(C) "New network service provider" or "new
NSP" means the new network service provider after service migration
occurs.
(D) "Old network service
provider" or "old NSP" means the old network service provider after service
migration occurs.
(m)
"Requesting LSP" means the LSP whom a customers has authorized to view his/her
customer service information. After migration occurs, the requesting LSP
becomes the customer's new LSP.
(n)
"Resale" means the sale of a local exchange telecommunications service by a
CLEC to a customer by purchasing that service from another carrier.
(o) "Transition information" means network
information (e.g., circuit ID), identity of the current network service
providers (e.g., loop and switch providers), and identity of other providers of
services (e.g., E-911 provider, directory service provider) associated with a
customer's telecommunications service.
(p) "UNE" means unbundled network element.
The following more specific designations may be used.
(A) "UNE-loop" or "UNE-L" means unbundled
network element loop.
(B)
"UNE-platform" or "UNE-P" means unbundled network element platform.
(4) An LSP may request
CSR information for a specific customer from the customer's current LSP. Before
requesting a CSR for a specific customer, the requesting LSP must have on file
one of the following verifiable forms of customer authorization:
(a) Letter of authorization from the customer
to review his/her account;
(b)
Third party verification of the customer's consent;
(c) Recording verifying consent from the
customer to review his/her account; or
(d) Record of oral authorization given by the
customer, which clearly gives the customer's consent to review his/her
account.
(5) Every
requesting LSP shall retain the customer authorization on file for one year
from the date it received such authorization.
(6) A customer's current LSP may not require
a copy of the end user's authorization from the requesting LSP prior to
releasing the requested CSR. In the event the customer complains or other
reasonable grounds exist, the current LSP may request verification of the
customer's authorization from the requesting LSP. The parties must attempt to
resolve any dispute concerning the validity of the customer's authorization
prior to filing a formal complaint with the Commission.
(7) When requesting a CSR, a requesting LSP:
(a) Shall include, at a minimum, the
following information:
(A) Customer's
telephone number(s);
(B) An
indication of customer consent to review the CSR;
(C) How to respond with the CSR
information;
(D) The name of the
requesting LSP, with contact name and telephone number, for questions about the
request;
(E) Date and time the
request was sent;
(F) Indication
whether circuit ID is requested for UNE-L reuse; and
(G) Indication whether listing information is
requested.
(b) May
include the following information:
(A)
Customer service address;
(B)
Customer name;
(C) Tracking number
for the request; or
(D) Other
applicable information.
(8) Requesting LSPs may transmit CSR requests
via facsimile, electronic mail, regular mail, or other agreed-upon means. All
carriers must, at a minimum, allow for reception of CSR requests via
facsimile.
(9) All carriers should
reuse existing UNE-L facilities in lieu of ordering a new UNE-L. A UNE-L shall
be considered reusable when the existing circuit or facilities are no longer
needed by the old LSP to provide service to the migrating customer or any
customer that is currently using those facilities. When requested and reuse of
the UNE-L facility is available the current LSP must provide the circuit ID for
the requested UNE-L facility to the requesting LSP as part of the CSR response
or transition information. Authorization is not required from the old LSP for
the new LSP to reuse portions of the network that were provided to the old LSP
by a NSP(s), and the old LSP shall not prohibit such reuse. To order the reuse
of a UNE-L facility, the new LSP shall furnish the circuit ID on the LSR issued
to the existing or new NSP-L.
(10)
When responding to a CSR request the current LSP shall provide, at a minimum,
the following:
(a) Account level information,
including the following:
(A) Billing telephone
number and/or account number;
(B)
Complete customer billing name and address;
(C) Directory listing information including
address and listing type, when requested;
(D) Complete service address (including
floor, suite, unit); and
(E)
Requesting LSP's tracking number when provided on the CSR request.
(b) Line level information,
including the following:
(A) Working telephone
number(s);
(B) Current preferred
interexchange carrier(s) (PIC) for interLATA and intraLATA toll, including PIC
freeze status;
(C) Local freeze
status;
(D) All vertical features
(e.g., custom calling, hunting) identified in a manner that clearly designates
the products and services to which the customer subscribes;
(E) Options (e.g., Lifeline, 900 blocking,
toll blocking, remote call forwarding, off-premises extensions), if
applicable;
(F) Service
configuration information (e.g., resale, UNE-L, UNE-P);
(G) Identification of the NSPs and/or LSPs,
when different from the LSP providing the response. This is considered
transition information;
(H)
Identification of data services or any other services on the customer's line
utilizing that UNE-L (e.g., alarm services); and
(I) Circuit ID to be provided when requested
and the UNE-L is not being used for other services. This is considered
transition information.
(11) If requested, and not provided with the
CSR response, the current LSP shall provide transition information, and
identify the current provider(s) of various service components to the customer
(e.g., loop, directory service) if different from the current LSP. Circuit ID
should only be provided by the current LSP when the UNE-L is
reusable.
(12) Current LSPs
responding to CSR requests may transmit the CSR information by facsimile,
electronic mail, electronic data interchange, or by other agreed-upon means.
All carriers must, at a minimum, allow for transmission of responses to CSR
requests by facsimile. Regular mail may be used if the response is 50 or more
pages or if the CSR request was transmitted by regular mail.
(13) Upon the effective date of this rule,
current LSPs shall respond to CSR requests within two business days of when the
request was received. Six months after the effective date of this rule, current
LSPs shall respond to CSR requests within one business day of when the request
was received. If the current LSP cannot meet the response requirement for any
legitimate reason, such as complex services, the current LSP shall notify the
requesting LSP within 24 hours of when the request was received. The
notification shall include a legitimate reason for the delay. The current LSP
and the requesting LSP shall negotiate in good faith to establish a reasonable
time for the current LSP to respond to the request.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
756.040,
759.015 &
759.036
