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278.544 Provisions applicable to all telephone utilities.
The following provisions of this section shall apply and be enforced equally to all
telephone utilities, unless otherwise specifically stated in this section.
(1) Telephone utilities may file with the commission schedules or tariffs reflecting
the rates, terms, and conditions for nonbasic services that are generally
available to all subscribers qualifying for the rates, terms, and conditions. The
rates, terms, and conditions for basic and nonbasic services shall be valid upon
the effective date stated in the schedule. Tariffs for nonbasic services in effect
on July 12, 2006, shall continue to be effective as binding rates, terms, and
conditions until withdrawn or modified by the telephone utility.
(2) A telephone utility offering a package that includes any optional telephone
features tariffed as of February 1, 2006, shall maintain schedules or tariffs on
file with the commission for each such optional telephone feature available on
a stand-alone basis to residential customers who purchase basic local
exchange service from that telephone utility.
(3) Notwithstanding the terms of any adopted regulation plan or any provision of
law to the contrary, telephone utilities may provide nonbasic services pursuant
to terms and conditions provided to the customer. Telephone utilities shall not
be required to file nonbasic contracts with the commission. Telephone utilities
shall permit a residential customer with nonbasic service to purchase basic
local exchange service and any optional telephone feature on file in a schedule
or tariff at the commission at the current rates, terms, and conditions without
incurring termination charges, unless the customer has entered into an
agreement containing termination charges and the customer is given thirty (30)
days from receipt of the terms and conditions to cancel the agreement. If a
customer cancels the agreement within thirty (30) days from receipt of the
terms and conditions, termination charges are limited to the price of unreturned
equipment or services, including installation, received at that point. Telephone
utilities that provide services pursuant to this subsection shall provide
customers with notice, as part of the terms and conditions of such services,
that basic local exchange service and any optional telephone feature on file in
a schedule or tariff with the commission may be purchased separately at the
price posted on the company's Web site or on file with the commission.
(4) Notwithstanding any provision of law to the contrary, nonbasic services offered
pursuant to the provisions of this section shall be set by the marketplace and
are not governed by KRS 278.030 and administrative regulations promulgated
thereunder. The nonbasic services are exempt from action or review by the
commission under KRS 278.160, 278.170, 278.180, 278.190, 278.192,
278.200, 278.230(3), 278.250, 278.255, 278.260, 278.270, 278.280, 278.290,
and 278.300 and administrative regulations promulgated thereunder, except as
specifically stated in KRS 278.541 to 278.544.
Effective:July 12, 2006
History: Created 2006 Ky. Acts ch. 239, sec. 4, effective July 12, 2006.
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