278.5435 Modification of price regulation plan -- Permitted and prohibited
933 words·~4 min read·
/ky/278-5435A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
actions -- Jurisdiction of commission -- Exemptions.
(1)Notwithstanding any other provision of law, a telephone utility operating under
a price regulation plan pursuant to KRS 278.543 may, at any time after the
expiration of the applicable rate cap period set forth in that section, elect to
operate under the modifications to that plan contained in this section. The
election of this modification by the utility shall become effective upon the filing
of a notice with the commission. The notice shall identify all exchanges served
by the modifying utility which, as of January 1, 2015, contained fifteen
thousand (15,000) or more housing units based on United States Census data
current as of January 1, 2015.
(2)As used in this section:
(a)"Basic local exchange service" has the same meaning as in KRS
278.541;
(b)"Exchange" means a geographical area established by a telephone utility
for the administration of telephone service. An exchange may embrace a
city, town, or village and its environs or a portion thereof, and may consist
of one
(1)or more central offices together with the associated plant used
in furnishing communication services in that area;
(c)"IP-enabled service," as used in the context of subsection (4)(c) of this
section, means any service, capability, functionality, or application
provided using Internet protocol, or any successor protocol that enables
an end user to send or receive voice communication, either separately or
in conjunction with data communication, video communication, or both, in
Internet protocol format, or any successor format;
(d)"Modifying utility" means a utility that makes an election to adopt the
modified price regulation plan set out in this section; and
(e)"Voice service" means a retail service provided through any technology or
service arrangement that includes the applicable functionalities described
in 47 C.F.R. sec. 54.101(a).
(3)In exchanges with fifteen thousand (15,000) or more housing units as of
January 1, 2015, based on United States Census data current as of January 1,
2015, and after September 1, 2017, in all exchanges:
(a)The commission shall not impose any requirements or otherwise regulate
the terms, conditions, rates, or availability of any retail service of the
modifying utility; and
(b)For exchanges with fifteen thousand (15,000) or more housing units, the
tariffs of a modifying utility which are in effect on June 24, 2015, shall
remain binding until such tariffs are withdrawn by the utility. For all
exchanges, the tariffs of a modifying utility which are in effect on
September 1, 2017, shall remain binding until they are withdrawn by the
utility.
(a)The provisions of this subsection shall apply until September 1, 2017, to
all areas that are not described in subsection
(3)of this section and in
which the modifying utility is operating as an incumbent local exchange
carrier, as defined in 47 U.S.C. sec. 251(h), as of June 24, 2015.
(b)In response to a request for service at a location to which the modifying
utility or any predecessor in interest has not installed landline facilities
necessary to provide basic local exchange service, the modifying utility
shall offer voice service either directly or through an affiliate. The
modifying utility is not obligated to offer basic local exchange service at
the location. The commission shall not impose any requirements or
otherwise regulate the terms, conditions, rates, or availability of the voice
service.
(c)1. In response to all other requests for service, the modifying utility
may offer the requesting customer an IP-enabled service or a
wireless service either directly or through an affiliate.
2. If the requesting customer does not order an IP-enabled service or a
wireless service, the modifying utility, upon request by the customer,
shall provide basic local exchange service at that location. The
commission retains the jurisdiction to enforce this obligation.
3. If the requesting customer orders an IP-enabled service or a
wireless service, the modifying utility shall notify the customer in
writing that:
a. It is providing service using an IP-enabled service or a wireless
service provided by the modifying utility or an affiliate; and
b. The customer has sixty
(60)days from service initiation to
notify the modifying utility in writing that the customer no longer
wants the service.
4. If the customer gives written notice within sixty
(60)days that the
service is no longer wanted, the modifying utility, upon request by
the customer, shall provide basic local exchange service at that
location. The commission retains the jurisdiction to enforce this
obligation.
5. If the customer does not give written notice that the service is no
longer wanted within sixty
(60)days, the modifying utility shall offer
voice service, either directly or through an affiliate, at the requested
location. The modifying utility shall not be obligated to offer basic
local exchange service at that location. The commission shall not
impose any requirements or otherwise regulate the terms,
conditions, rates, or availability of the voice service.
(5)Nothing in this section:
(a)Shall affect the obligations of a modifying utility under federal law,
including without limitation any obligation to maintain existing voice
service in compliance with rules and orders of the Federal
Communications Commission; or
(b)Diminishes or expands the commission's jurisdiction over wholesale
rights, duties, and obligations of carriers or over complaints regarding
anti-competitive practices under federal and state law, including
subsequent rules and orders of the Federal Communications Commission
that address carrier-to-carrier issues in and applicable to this state.
Unless otherwise directed by federal law or regulation, carrier-to-carrier complaints within the commission's jurisdiction shall be resolved by final commission order within one hundred eighty
(180)days of the filing of the complaint.