4927.04 [Effective Until 9/13/2010] Applying for rate increases.
4927.04 [Effective Until 9/13/2010] Applying for rate increases.
(A)(1) In considering an application pursuant to section 4909.18 of the Revised Code, the rates and charges for any public telecommunications service for which the public utilities commission has not provided an exemption or alternative regulatory requirements under section 4927.03 of the Revised Code may be established by the commission, upon its own initiative or the request of an applicant telephone company, by a method other than that specified in section 4909.15 of the Revised Code, provided the commission finds the use of the alternative method of establishing rates and charges to be in the public interest and provided, in instances where the alternative method is proposed by the commission, the applicant consents. Alternative methods may include, but are not limited to, methods that maintain universal telephone service in the state; minimize the costs and time expended in the regulatory process; tend to assess the costs of any telecommunications service to the entity or service that causes such costs to be incurred; afford rate stability; promote and reward efficiency, quality of service, or cost containment by telephone companies; or provide sufficient flexibility and incentives to the telecommunications industry to achieve high quality, technologically advanced, and universally available telecommunications services at just and reasonable rates and charges.
(2) An application that proposes an alternative method of establishing rates and charges that could result in an increase in any rate or charge for any public telecommunications service for which the public utilities commission has not provided an exemption or alternative regulatory requirements under section 4927.03 of the Revised Code shall be deemed, without further action by the commission, to be an application for an increase in rates and charges under section 4909.18 of the Revised Code, notwithstanding whether an immediate increase in rates and charges is proposed.
(3) An application pursuant to section 4909.18 of the Revised Code that is not for an increase in rates and charges, but that proposes an alternative method of establishing rates and charges for any public telecommunications service for which the public utilities commission has not provided an exemption or alternative regulatory requirements under section 4927.03 of the Revised Code, shall include the exhibits specified in divisions (A) to (D) of section 4909.18 of the Revised Code, unless otherwise ordered by the commission. Notwithstanding any provision of section 4909.18 of the Revised Code to the contrary, after the date such application is filed, any person may file a request for hearing on the application. If it appears to the commission that the request sets forth reasonable grounds for holding a hearing, the commission shall set the matter for hearing and shall give notice of such hearing as provided in section 4909.18 of the Revised Code.
(B) Upon the application of any telephone company that is an incumbent local exchange carrier as defined in 47 U.S.C. 251(h) having fewer than fifty thousand access lines, the public utilities commission, by order, may exempt such company, with respect to any public telecommunications service it provides, from any provision of Chapter 4905. or 4909. of the Revised Code that is specified and requested in such application, except sections 4905.20, 4905.21, 4905.22, 4905.231, 4905.24, 4905.241, 4905.242, 4905.243, 4905.244, 4905.25, 4905.26, 4905.30, 4905.32, 4905.33, 4905.35, and 4905.381 of the Revised Code; or may establish alternative regulatory requirements to apply to such company and service, provided the commission finds that the alternative requirements are in the public interest.
(C) In carrying out this section, the public utilities commission may use different methods of establishing the rates and charges of different telephone companies, provided that the methods are reasonable and do not confer any undue economic, competitive, or market advantage or preference upon any telephone company.
(D) The public utilities commission shall adopt such rules as it finds necessary to carry out this section.
Repealed by 128th General Assembly File No. 43, SB 162, § 2, eff. 9/13/2010.
Effective Date: 06-18-1996; 11-04-2005
This section is set out twice. See also § 4927.04, as added by 128th General Assembly File No. 43, SB 162, § 1, eff. 9/13/2010.
4927.04 [Effective 9/13/2010] Commission’s authority under federal law
The public utilities commission has such power and jurisdiction as is reasonably necessary for it to perform the obligations authorized by or delegated to it under federal law, including federal regulations, which obligations include performing the acts of a state commission as defined in the “Communications Act of 1934,” 48 Stat. 1064, 47 U.S.C. 153, as amended, and include, but are not limited to, carrying out any of the following:
(A) Rights and obligations under the “Telecommunications Act of 1996,” 110 Stat. 56, 47 U.S.C. 251, as amended;
(B) Authority to mediate and arbitrate disputes and approve agreements under the “Telecommunications Act of 1996,” 110 Stat. 56, 47 U.S.C. 252, as amended;
(C) Administration of telephone numbers and number portability;
(D) Certification of telecommunications carriers eligible for universal-service funding under 47 U.S.C. 214(e);
(E) Administration of truth-in-billing;
(F) Administration of customer proprietary network information under 47 U.S.C. 222 and federal regulations adopted thereunder;
(G) Outage reporting consistent with federal requirements.
Except as provided in division (B) of section 4927.03 of the Revised Code, the commission has power and jurisdiction under this section over a telecommunications carrier to the extent necessary to perform the obligations described in this section. Nothing in this chapter limits the commission’s authority under the “Telecommunications Act of 1996,” 110 Stat. 56, 47 U.S.C. 151, et seq., as amended, including the commission’s authority over the provision of universal-service funding.
Added by 128th General Assembly File No. 43, SB 162, § 1, eff. 9/13/2010.
Effective Date: 06-18-1996; 11-04-2005
This section is set out twice. See also § 4927.04, effective until 9/13/2010.