Ohio Code 4927.10 – Carrier’s withdrawal or abandonment of basic local exchange service
(A) Subject to division (B) of this section, if the federal communications commission adopts an order that allows an incumbent local exchange carrier to withdraw the interstate-access component of its basic local exchange service under 47 U.S.C. § 214, neither of the following shall apply, beginning when the order is adopted, with regard to any exchange area in which an incumbent local exchange carrier withdraws that component:
Terms Used In Ohio Code 4927.10
- Basic local exchange service: means residential-end-user access to and usage of telephone-company-provided services over a single line or small-business-end-user access to and usage of telephone-company-provided services over the primary access line of service, which in the case of residential and small-business access and usage is not part of a bundle or package of services, that does both of the following:
(a) Enables a customer to originate or receive voice communications within a local service area as that area exists on September 13, 2010, or as that area is changed with the approval of the public utilities commission;
(b) Consists of all of the following services:
(i) Local dial tone service;
(ii) For residential end users, flat-rate telephone exchange service;
(iii) Touch tone dialing service;
(iv) Access to and usage of 9-1-1 services, where such services are available;
(v) Access to operator services and directory assistance;
(vi) Provision of a telephone directory in any reasonable format, which includes, at the telephone company's option, an internet-accessible database of directory listings, for no additional charge and a listing in that directory, with reasonable accommodations made for private listings, and for a telephone company that no longer offers a printed directory, provision of reasonable customer notice of the available options to obtain directory information;
(vii) Per call, caller identification blocking services;
(viii) Access to telecommunications relay service; and
(ix) Access to toll presubscription, interexchange or toll providers or both, and networks of other telephone companies. See Ohio Code 4927.01
- Incumbent local exchange carrier: means , with respect to an area, the local exchange carrier that:
(a) On February 8, 1996, provided telephone exchange service in such area; and
(b)(i) On February 8, 1996, was deemed to be a member of the exchange carrier association pursuant to 47 C. See Ohio Code 4927.01
- Interstate-access component: means the portion of carrier access that is within the jurisdiction of the federal communications commission. See Ohio Code 4927.01
- Local exchange carrier: means any person engaged in the provision of telephone exchange service, or the offering of access to telephone exchange service or facilities for the purpose of originating or terminating telephone toll service. See Ohio Code 4927.01
- Voice service: includes all of the applicable functionalities described in 47 C. See Ohio Code 4927.01
(1) The prohibition contained in division (D) of section 4927.07 of the Revised Code against the withdrawal or abandonment of basic local exchange service by an incumbent local exchange carrier, provided that the carrier gives at least one hundred twenty days’ prior notice to the public utilities commission and to its affected customers of the withdrawal or abandonment;
(2) The requirements contained in division (A) of section 4927.11 of the Revised Code.
(B) If a residential customer to whom notice has been given under this section will be unable to obtain reasonable and comparatively priced voice service upon the carrier’s withdrawal or abandonment of basic local exchange service, the customer may file a petition with the public utilities commission not later than ninety days prior to the effective date of the withdrawal or abandonment. If a residential customer is identified by the collaborative process established under Section 749.10 of H.B. 64 of the 131st general assembly as a customer who will be unable to obtain reasonable and comparatively priced voice service upon the withdrawal or abandonment of basic local exchange service, that customer shall be treated as though the customer filed a timely petition under this division.
(1) The public utilities commission shall issue an order disposing of the petition not later than ninety days after the filing of the petition.
(a) If the public utilities commission determines after an investigation that no reasonable and comparatively priced voice service will be available to the affected customer at the customer’s residence, the public utilities commission shall attempt to identify a willing provider of a reasonable and comparatively priced voice service to serve the customer.
(b) If no willing provider is identified, the public utilities commission may order the withdrawing or abandoning carrier to provide a reasonable and comparatively priced voice service to the customer at the customer’s residence.
(c) The willing provider or the carrier, as applicable, may utilize any technology or service arrangement to provide the voice service.
(2) Except as provided in division (B)(2) of this section, an order adopted under division (B)(1)(b) of this section shall not be in effect for more than twelve months after the date that it is issued. If an order is issued under division (B)(1)(b) of this section, the public utilities commission shall evaluate, during the twelve-month period in which the order is effective, whether an alternative reasonable and comparatively priced voice service is found to exist for the affected customer. If no such voice service is available, the public utilities commission may extend the order for one additional twelve-month period. If, at the end of the second twelve-month period, no alternative reasonable and comparatively priced voice service is available, the public utilities commission may order the withdrawing or abandoning carrier to continue to provide a reasonable and comparatively priced voice service to the affected customer at the customer’s residence, utilizing any technology or service arrangement to provide the voice service.
(3) For purposes of this division, the public utilities commission shall define the term “reasonable and comparatively priced voice service” to include service that provides voice grade access to the public switched network or its functional equivalent, access to 9-1-1, and that is competitively priced, when considering all the alternatives in the marketplace and their functionalities.