2014 Kentucky Revised Statutes CHAPTER 278 - PUBLIC SERVICE COMMISSION 278.542 Effect of KRS 278.541 to 278.544 on commission's jurisdiction -- Filing by telephone utilities required.
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278.542 Effect of KRS 278.541 to 278.544 on commission's jurisdiction -Filing by telephone utilities required.
(1)
(2)
Nothing in KRS 278.541 to 278.544 shall affect the commission's jurisdiction
with respect to:
(a) Any agreement or arrangement between or among ILECs;
(b) Any agreement or arrangement between or among ILECs and other local
exchange carriers;
(c) Consumer complaints as to compliance with basic local exchange service
obligations, and the quality of basic voice-grade service transmission for
basic and nonbasic services, consistent with accepted industry standards
for telecommunications services;
(d) The emergency 911 telephone service as set forth in KRS 65.750 to
65.760 or wireless enhanced emergency 911 systems as set forth in KRS
65.7621 to 65.7643;
(e) Accuracy of billing for telecommunications services, in accordance with
the truth-in-billing regulations prescribed by the Federal Communications
Commission;
(f) Assessments as set forth in KRS 278.130, 278.140, and 278.150;
(g) Unauthorized change of telecommunications providers or "slamming"
under KRS 278.535;
(h) Billing of telecommunications services not ordered by or on behalf of the
consumer or "cramming" to the extent that such services do not comply
with the truth-in-billing regulations prescribed by the Federal
Communications Commission;
(i) The federal Universal Service Fund and Lifeline Services Program and
any Kentucky state counterpart;
(j) Any special telephone service programs as set forth in KRS 278.547 to
278.5499;
(k) Tariffs, except as expressly provided for in KRS 278.541 to 278.544;
(l) Setting objectives for performance as to basic local exchange service;
except that the objectives shall not exceed existing commission standards
or associated penalties as of July 12, 2006;
(m) Prohibiting price differences among retail telecommunications customers
to the extent that such differences are attributable to race, creed, color,
religion, sex, or national origin; or
(n) Ensuring that a telephone utility furnishes safe, adequate, and reasonable
basic local exchange service to customers within that utilitys service
area.
Telephone utilities operating pursuant to KRS 278.541 to 278.544 shall file with
the commission a form containing:
(a) The complete name of the telephone utility;
(b) The physical address of its principal office; and
(c) The name, title, and telephone number of the person responsible for
answering consumer complaints on behalf of the telephone utility.
(3)
(4)
No telephone utility shall engage in predatory pricing as defined by the United
States Supreme Court in Brooke Group Ltd. v. Brown & Williamson Tobacco
Corp., 509 U.S. 209 (1993).
Nothing in KRS 278.541 to 278.544 shall affect the alternative regulation
process for small telephone utilities as set forth in KRS 278.516.
Effective:July 12, 2006
History: Created 2006 Ky. Acts ch. 239, sec. 2, effective July 12, 2006.
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