Current through September 24, 2024
(1) Definitions:
(a) "Access code" means a sequence of numbers
that, when dialed, connect the caller to the provider of operator services
associated with that sequence.
(b)
"Aggregator" means any person that, in the ordinary course of its operations,
makes telephones available to the public or to transient users of its premises,
for intrastate telephone calls using a provider of operator services.
(c) "Call Splashing" means the transfer of a
telephone call from one provider of operator services to another such provider
in such a manner that the subsequent provider is unable or unwilling to
determine the location of the origination of the call.
(d) "Consumer" means a person initiating any
intrastate telephone call using operator service.
(e) "Equal access" has the meaning given that
term in Appendix B of the Modification of Final Judgment entered by the United
States District Court in United States v. Western Electric, 569 F. Supp. 990
(D.C.D.C.; 1983).
(f) "Reseller" is
a common carrier of telephone services other than a facilities-based carrier.
The term reseller includes, but is not limited to, operator service
providers.
(2) Resellers
shall not provide intrastate telecommunications services in Tennessee without a
certificate of convenience and necessity awarded by the Authority pursuant to
state law and these rules. In determining whether or not to award a
certificate, the Authority shall consider whether granting the certificate will
service the present or future public convenience and necessity. The Authority
may also consider the applicant's financial ability, character, and proposed
rates, as well as such other matters as the Authority finds relevant.
(3) Local exchange carriers (LECs) shall
provide intrastate access or intrastate billing and collection only to
resellers that have been granted a certificate by the Authority.
(4) All resellers providing intrastate
service at the time the rule becomes effective shall have ninety (90) days to
submit an application for a certificate of convenience and necessity. Resellers
providing intrastate service on the date this rule becomes effective shall not
be required to discontinue service pending the outcome of their
applications.
(5) APPLICATIONS FOR
AUTHORITY. An application for a certificate of convenience and necessity,
submitted by a reseller shall include the following information which must be
certified as true and correct:
(a) the name of
the reseller, the address of the reseller's corporate headquarters, and the
names and addresses of the reseller's principal corporate officers;
(b) if different than above, the name and
address of all officers and corporate officers located in Tennessee and the
name(s) and address(es) of employee(s) responsible for Tennessee
operations;
(c) a certified
statement from a principal corporate officer that the reseller is operating in
compliance with all applicable federal and state laws and all FCC and Authority
rules. If the reseller is an operator service provider, the statement must
specifically reference T.C.A. §
65-5-106;
(d) information about the structure of the
business organization and, where applicable, a copy of any articles of
incorporation, partnership agreement or by laws of the resellers and any entity
owning or controlling interest in the reseller, and a copy of a license to do
business in Tennessee;
(e) an
up-to-date balance sheet and income statement;
(f) the name, address, and telephone number
of a Tennessee contact person responsible for and knowledgeable about the
reseller's operations;
(g) repair
and maintenance information including the name, local address, and telephone
number of the individual responsible for servicing customers and supplying
refunds;
(h) for operator service
providers, a proposed tariff containing all operator service rates, tolls,
charges, classifications and rules in compliance with Rules 1220-4-1-.01 and
1220-4-1-.02;
(i) a list of other
states where the reseller is authorized to operate and a list of those states
which have denied the requested authority;
(j) a description of company procedures used
to verify customer-ordered changes in preferred interexchange
carriers;
(k) a fifty dollar ($50)
registration fee; and
(l) such
other information as the Authority may require.
(6) The Authority may grant or deny
certificates based on the certified application subject to the right of any
party to request a hearing. Falsification of, or failure to disclose, any
information required in the application shall be grounds for denial or
revocation of a reseller's certificate.
(7) Rates and Tariffs:
(a) Any operator service provider whose rates
are equal to or less than the maximum rates of the predominant LEC or IXC for
an equivalent call, as defined in T.C.A. §§
65-5-106(1) and
(2), shall be deemed just and reasonable. Any
operator service provider that desires to charge a higher rate or utilize a
different pricing method than the predominant LEC or IXC shall file appropriate
cost justification for the proposed charge.
(b) Within ten (10) days of a request from
the Authority or its Staff, a reseller shall provide a tariff containing
requested rates, tolls, charges, classifications, and rules.
(8) All resellers shall recognize
and give effect to customer-ordered requests made to the customers local
exchange carrier that certain types of calls, such as collect, third party,
and/or "900 calls, be blocked.
(9)
CONSUMER INFORMATION:
(a) Each provider of
operator services shall:
1. identify itself,
audibly and distinctly, to the consumer at the beginning of each telephone call
and before the consumer incurs any charge for the call;
2. permit the consumer to terminate the
telephone call at no charge before the call is connected; and
3. disclose immediately to the consumer, upon
request and at no charge to the consumer:
(i)
a quotation of its rates or charges for the call;
(ii) the methods by which such rates or
charges will be collected; and
(iii) the methods by which complaints
concerning such rates, charges or collection practices will be
resolved.
(b)
Each aggregator shall post on or near the telephone instrument, in plain view
of the consumers:
1. The name, address, and
toll-free telephone number of the provider of operator services.
2. A written disclosure that the rates for
all operator-assisted calls are available on request, and that consumers have a
right to obtain access to the intrastate common carrier of their choice and may
contact their preferred intrastate common carrier for information on accessing
that carrier's service using that telephone, and
3. The name and address of the Tennessee
Regulatory Authority, 460 James Robertson Parkway, Nashville, Tennessee
37243-0505, to which the consumer may direct complaints regarding operator
services.
(10) CALL BLOCKING PROHIBITED
(a) Each aggregator shall ensure that each of
its telephones prescribed to a provider of operator services allows the
consumer to use "800" and "950" access code numbers to obtain access to the
provider of operator services desired by the consumer.
(b) Each provider of operator services shall:
1. ensure, by contract or tariff, that each
aggregator for which such provider is the prescribed provider of operator
services, is in compliance with the requirements of sub-paragraphs (a) and (c)
of this paragraph; and
2. withhold
payment (on a location-by-location basis) of any compensation, including
commissions, to aggregators if such provider reasonably believes that the
aggregator is blocking access to intrastate common carriers in violation of
sub-paragraph (a) and (c) of this paragraph.
(c) Each aggregator shall ensure that any of
its equipment prescribed to a provider of operator services allows the consumer
to use equal access codes to obtain access to the consumer's desired provider
of operator services consistent with the unlocking schedule set forth in
47 C.F.R. Section
64.704.
(11) In instances in which the Authority has
ordered facilities-based carriers to provide toll-free service, all resellers
shall also provide toll-free service.
(12) All resellers shall provide a toll-free
number for customers to call regarding questions and complaints.
(13) All resellers shall pay an inspection,
control and supervision fee as required by T.C.A. §
65-4-301.
(14) All resellers shall comply with Rule
1220-4-2-.13 regarding customer complaints.
(15) All resellers shall file ad valorem tax
reports pursuant to T.C.A. §
67-5-1301et
seq.
(16) Violation of
state law or the Authority's rules may constitute grounds for fines or
revocation of a reseller's certificate as described below:
(a) If the Chief of the Consumer Services
Division has cause to believe that a reseller is in violation of an Authority
rule or state law, he/she shall notify the reseller of the alleged violation.
The notice shall include copies of any documentation indicating that the
reseller is in violation of the rule or statute.
(b) The reseller shall have thirty (30) days
to provide a written response to the notice. Failure to respond to the notice
shall be considered grounds for summary revocation of the reseller
certificate.
(c) After reviewing
the response the Chief may recommend to the Authority the issuance of a show
cause order pursuant to T.C.A. §
65-2-106.
(d) Upon a determination that a reseller is
in violation of a statute or Authority rule, the Authority may impose fines,
revoke the reseller's certificate or order such other remedies as provided by
law.
Authority: T.C.A. §§
65-2-102,
65-4-115, 64-4-117, 65-4-120,
65-4-201, 65-5-102, and 65-5-206.
