392.461. Exemption from certain rules, telecommunications companies.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

392.461. Exemption from certain rules, telecommunications companies. — A telecommunications company may, upon written notice to the commission, elect to be exempt from certain retail rules relating to:

(1)The provision of telecommunications service to retail customers and established by the commission which include provisions already mandated by the Federal Communications Commission, including, but not limited to, federal rules regarding customer proprietary network information, verification of orders for changing telecommunications service providers (slamming), submission or inclusion of charges on customer bills (cramming); or

(2)The installation, provisioning, or termination of retail service.

Notwithstanding any other provision of this section, a telecommunications company shall not be exempt from any commission rule established under authority delegated to the state commission pursuant to federal statute, rule or order, including, but not limited to, universal service funds, number pooling and conservation efforts, or any authority delegated to the state commission to facilitate or enforce any interconnection obligation or other intercarrier issue, including, but not limited to, intercarrier compensation, network configuration or other such matters.

Notwithstanding other provisions of this chapter or chapter 386 , a telecommunications company may, upon written notice to the commission, elect to be exempt from any requirement to file or maintain with the commission any tariff or schedule of rates, rentals, charges, privileges, facilities, rules, regulations, or forms of contract, whether in whole or in part, for telecommunications services offered or provided to residential or business retail end-user customers and instead shall publish generally available retail prices for those services available to the public by posting such prices on a publicly accessible website.

A telecommunications company may include in a tariff filed with the commission any, all, or none of the rates, terms, or conditions for any, all, or none of its retail telecommunications services. Nothing in this section shall affect the rights and obligations of any entity, including the commission, established pursuant to federal law, including 47 U.S.C. Sections 251 and 252, any state law, rule, regulation, or order related to wholesale rights and obligations, or any tariff or schedule that is filed with and maintained by the commission.

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(L. 2011 H.B. 338, A.L. 2013 H.B. 331, A.L. 2014 S.B. 651)