278.542 Effect of KRS 278.541 to 278.544 on commission's jurisdiction -- Filing by
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/ky/278-542A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
telephone utilities required.
(1)Nothing in KRS 278.541 to 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 65.760 or wireless
enhanced emergency 911 systems as set forth in KRS 65.7621 to 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 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 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 278.544 shall affect the alternative regulation process
for small telephone utilities as set forth in KRS 278.516.