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continue to be effective as binding rates, terms, and conditions until withdrawn or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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