(A) As used in this section:

Terms Used In Ohio Code 4927.123

  • 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

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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

  • 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
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59

“Exchange area” has the same meaning as in section 4927.12 of the Revised Code.

“Line loss” refers to the number of access lines, whether residential or commercial, for which a customer of an incumbent local exchange carrier has terminated local exchange service.

(B) Not earlier than the date that is exactly four years after the effective date of this section , an incumbent local exchange carrier may apply to the public utilities commission for an exemption from the requirements of section 4927.12 of the Revised Code for an exchange area, subject to division (E) of this section.

(C) The commission shall approve an application under division (B) of this section if the carrier demonstrates that both of the following apply:

(1) The carrier has experienced at least fifty per cent line loss in the exchange area since January 1, 2002.

(2) One of the following applies:

(a) The carrier increased the carrier’s rates for basic local exchange service for the exchange area within the twelve months prior to September 13, 2010.

(b) The commission made a determination that the exchange area qualified for alternative regulation of basic local exchange service under Chapter 4901:1-4 of the Ohio Administrative Code as that chapter existed on September 13, 2010.

(c) The carrier filed an application for the exchange area that was approved or deemed approved under division (B)(3)(b) of section 4927.12 of the Revised Code.

(D) On the thirty-first day after the filing of an application under division (B) of this section, the commission shall be deemed to have found that the application meets the requirements of division (C) of this section unless the commission, within thirty days after the filing of the application, issues an order finding that the requirements have not been met.

(E) If an application for an exchange area is approved or deemed approved under this section, the incumbent local exchange carrier that filed the application shall be exempt from the requirements of section 4927.12 of the Revised Code for the exchange area to which the application applies, except that the carrier may not alter the carrier’s rates for basic local exchange service below the carrier’s incremental cost. “Incremental cost” has the same meaning as in section 4927.12 of the Revised Code.

(F) Nothing in this section shall be construed to impair the rights of any person to file a complaint with the commission under section 4927.21 of the Revised Code, or the rights of the commission to initiate such a complaint, against an incumbent local exchange carrier who has been granted an exemption under this section.

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