Kentucky Statutes 278.542 – Effect of KRS 278.541 to 278.544 on commission’s jurisdiction — Filing by telephone utilities required
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(1) Nothing in KRS § 278.541 to KRS § 278.544 shall affect the commission’s jurisdiction with respect to:
(a) Any agreement or arrangement between or among ILECs;
(b) Any agreement or arrangement between or among ILECs and other local exchange carriers;
(c) Consumer complaints as to compliance with basic local exchange service obligations, and the quality of basic voice-grade service transmission for basic and nonbasic services, consistent with accepted industry standards for telecommunications services;
(d) The 911 emergency service as set forth in KRS § 65.750 to KRS § 65.760 or wireless enhanced emergency 911 systems as set forth in KRS § 65.7621 to KRS § 65.7643;
(e) Accuracy of billing for telecommunications services, in accordance with the truth-in-billing regulations prescribed by the Federal Communications Commission;
(f) Assessments as set forth in KRS § 278.130, 278.140, and 278.150;
(g) Unauthorized change of telecommunications providers or “slamming” under
KRS § 278.535;
(h) Billing of telecommunications services not ordered by or on behalf of the consumer or “cramming” to the extent that such services do not comply with the truth-in-billing regulations prescribed by the Federal Communications Commission;
(i) The federal Universal Service Fund and Lifeline Services Program and any
Kentucky state counterpart;
(j) Any special telephone service programs as set forth in KRS § 278.547 to
278.5499;
(k) Tariffs, except as expressly provided for in KRS § 278.541 to KRS § 278.544;
(l) Setting objectives for performance as to basic local exchange service; except that the objectives shall not exceed existing commission standards or associated penalties as of July 12, 2006;
(m) Prohibiting price differences among retail telecommunications customers to the extent that such differences are attributable to race, creed, color, religion, sex, or national origin; or
(n) Ensuring that a telephone utility furnishes safe, adequate, and reasonable basic local exchange service to customers within that utility’s service area.
(2) Telephone utilities operating pursuant to KRS § 278.541 to KRS § 278.544 shall file with the commission a form containing:
(a) The complete name of the telephone utility;
(b) The physical address of its principal office; and
(c) The name, title, and telephone number of the person responsible for answering
consumer complaints on behalf of the telephone utility.
(3) No telephone utility shall engage in predatory pricing as defined by the United States Supreme Court in Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209 (1993).
(4) Nothing in KRS § 278.541 to KRS § 278.544 shall affect the alternative regulation process for small telephone utilities as set forth in KRS § 278.516.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 111, sec. 27, effective July 15, 2016. — Created
2006 Ky. Acts ch. 239, sec. 2, effective July 12, 2006.
(a) Any agreement or arrangement between or among ILECs;
Terms Used In Kentucky Statutes 278.542
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) Any agreement or arrangement between or among ILECs and other local exchange carriers;
(c) Consumer complaints as to compliance with basic local exchange service obligations, and the quality of basic voice-grade service transmission for basic and nonbasic services, consistent with accepted industry standards for telecommunications services;
(d) The 911 emergency service as set forth in KRS § 65.750 to KRS § 65.760 or wireless enhanced emergency 911 systems as set forth in KRS § 65.7621 to KRS § 65.7643;
(e) Accuracy of billing for telecommunications services, in accordance with the truth-in-billing regulations prescribed by the Federal Communications Commission;
(f) Assessments as set forth in KRS § 278.130, 278.140, and 278.150;
(g) Unauthorized change of telecommunications providers or “slamming” under
KRS § 278.535;
(h) Billing of telecommunications services not ordered by or on behalf of the consumer or “cramming” to the extent that such services do not comply with the truth-in-billing regulations prescribed by the Federal Communications Commission;
(i) The federal Universal Service Fund and Lifeline Services Program and any
Kentucky state counterpart;
(j) Any special telephone service programs as set forth in KRS § 278.547 to
278.5499;
(k) Tariffs, except as expressly provided for in KRS § 278.541 to KRS § 278.544;
(l) Setting objectives for performance as to basic local exchange service; except that the objectives shall not exceed existing commission standards or associated penalties as of July 12, 2006;
(m) Prohibiting price differences among retail telecommunications customers to the extent that such differences are attributable to race, creed, color, religion, sex, or national origin; or
(n) Ensuring that a telephone utility furnishes safe, adequate, and reasonable basic local exchange service to customers within that utility’s service area.
(2) Telephone utilities operating pursuant to KRS § 278.541 to KRS § 278.544 shall file with the commission a form containing:
(a) The complete name of the telephone utility;
(b) The physical address of its principal office; and
(c) The name, title, and telephone number of the person responsible for answering
consumer complaints on behalf of the telephone utility.
(3) No telephone utility shall engage in predatory pricing as defined by the United States Supreme Court in Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209 (1993).
(4) Nothing in KRS § 278.541 to KRS § 278.544 shall affect the alternative regulation process for small telephone utilities as set forth in KRS § 278.516.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 111, sec. 27, effective July 15, 2016. — Created
2006 Ky. Acts ch. 239, sec. 2, effective July 12, 2006.