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Summary Of The Minimum Telephone Services Standards
Adopted September 13, 2001
Case No. 00-1265-TP-ORD

4901:1-5-01 Definitions

Local Service Provider “means any incumbent or competitive telecommunications provider that provides local exchange services to consumers on a common carrier basis.”

Telecommunications Provider “means a telephone company that provides telecommunications service other than commercial mobile radio service (except fixed wireless service) under the Commission's jurisdiction.”

4901:1-5-02 General Provisions

MTSS applies to all telecommunications providers regulated by the Commission. Any tariff provision inconsistent with this rule may be deemed inoperative and suspended. If any provision of the MTSS results in unreasonable hardship, a telecommunications provider may request an exemption. Failure to comply with the MTSS does not in and of itself constitute inadequate service. A finding of inadequate service is to be determined by the Commission pursuant to Ohio Revised Code Section 4905.26.

Where an underlying local service provider has contracted to provide a service to a subscriber's local service provider, and that underlying provider fails to provide adequate support for such service which results in the need for the subscriber's local service provider to pay its own subscriber credits or waiver of charges, the subscriber's local service provider shall have recourse for the amount of any such credit or waiver.

4901:1-5-03 Records and Reports

All records required by the MTSS shall be submitted to the Commission upon request. Records shall contain sufficient detail to permit review of the company's performance and include the results pertinent service related tests and analysis of such results.

If there is an outage, facilities-based local service providers shall report the discovery of an outage within two hours to the local news media and the Commission outage coordinator. The report to the Commission coordinator must be done by voice mail message, e-mail message, or during normal business hours by faxing the outage report on a form approved by the Commission coordinator. Facilities-based carriers must also report to each county 9-1-1 public safety answering point (“PSAP”) and Commission coordinator pertinent information concerning the outage which disrupts or impairs 9-1-1 service.

4901:1-5-04 Minimum Content Requirements for Local Service Provider Tariffs

Each local service provider's tariff shall contain:

• Rules and regulation in which service is furnished, including any adjustments or credits made to a subscriber; and

• The conditions under which the company may take any of the following actions:

• Disconnection;

• Refusal to provide service;

• Deposit and/or advance payment before providing service; and

• Imposition of toll caps or credit limits.

4901:1-5-05 Handling of Consumer Complaints

For purposes of this rule, a complaint is an informal investigation conducted by the Commission's Public Interest Center (“PIC”) staff or telecommunications provider at the request of a consumer or a method for Staff to determine the telecommunications provider's compliance. The telecommunications provider shall provide a report of resolution within ten business days of the receipt of the complaint to the subscriber when the complaint is made directly to the telecommunications provider or to the subscriber and the PIC Staff when complaint originated from Staff. If the investigation is not complete within ten days, the telecommunication provider shall provide an interim report to both the subscriber and to Staff which shall include: expected date of a final resolution; current status of the complaint; and an explanation of the work or research to be completed. The telecommunications provider may inform the subscriber and the Staff of the results of the investigation either orally or in writing. If the subscriber disputes the report, the subscriber must be informed that the Staff is available for mediation. The telecommunications provider shall provide Staff with a company contact person who will respond to Commission concerns pertaining to complaints.

4901:1-5-06 Consumer Information

Upon request, the local service provider shall provide: copy of the company's tariff; map showing exchange; service and rates in pending dockets involving tariff revisions; and a copy of the Telephone Customer Bill of Rights as set forth in the rules. Each local service provider shall annually provide, free of charge, telephone directories. Three copies of the directory shall be provided to the Commission. Subparagraph B sets forth the requirements of the telephone directory.

If bills are paid in person at an authorized payment location, the service charge shall not exceed two times the cost of a first class stamp. All payments shall be credited within one business day of receipt.

4901:1-5-07 Consumer Safeguards

No telecommunications provider shall commit an unfair, deceptive, or unconscionable act or practice in connection with a consumer transaction. Deception occurs if the telecommunications service provider fails to: clearly highlight exceptions to special offers; place material exclusions within close proximity of the words stating such special offers; and clearly state exceptions to offers made through the radio or television. Deception also occurs if the telecommunications service provider advertises free when the cost of free is passed on to consumers by raising the tariffed price.

Telecommunications service providers shall use positive subscriber enrollment. Subsection (C) sets forth the requirements to be used when a consumer subscribes to a new service. When offering a bundled package, the telecommunication services provider must explain that the services may be purchased individually. When a subscriber calls to request information or report a problem, the telecommunications service provider shall not engage in sales practices until the subscriber confirms that the company has completely responded to his/her concern(s). Upon subscriber's request the sales discussion shall discontinue.

4901:1-5-08 Telecommunications Carrier Subscription/Slamming

No telecommunications service provider shall execute a change of service provider without obtaining authorization and verification from the subscriber. This rule sets forth the requirements in effectuating a change from one carrier to another. Unauthorized changes in carriers shall follow the informal complaint process prescribed by the FCC. This rules also sets forth the requirements for those telecommunications service providers offering preferred carrier freeze (“PCF”).

4901:1-5-09 Payphone Service

This rule sets forth the requirements for the offering of payphone services.

4901:1-5-10 Local Service Provider Required Service Offerings

Each local service provider shall provide nonpublished service to any subscriber upon request. Nonpublished information will not be disclosed except to: authorized local service provider agents; the subscriber's primary toll service provider for billing purposes only; appropriate authorities for inclusion in the 9-1-1 emergency services network; to authorized personnel contained within the 9-1-1 data base for the purpose of handling customer calls in times of public emergencies or outages; and as authorized by the Commission.

4901:1-5-11 Directory Assistance

This rule applies to the provision of directory assistance either furnished directly by a local service provider or indirectly by contract. Operators shall have access to all telephone numbers in the area for which they are responsible. New or changed telephone numbers shall be made available to directory assistance within two business days after the date of the change. In the event of an error or omission in the listing, the corrected information shall be placed in the files of the directory assistance and intercept operators within two business days.

4901:1-5-12 Operator Services, Intercept Service, and Busy Line Verification

Credit shall be given to a customer if the customer has either reached a wrong number, been accidentally disconnected or experienced poor transmission quality. Changes to a subscriber's local telephone number will be intercepted for not less than 90 days. The 90-day minimum intercept period does not apply where an area code has been placed in jeopardy. In the event of an error in the directory-listed telephone number, the correct telephone number shall be furnished to the calling party by intercept service until the issuance of a new directory. If a telephone number belonging to a customer is assigned to another customer, that customer shall be offered a new telephone number free of charge. Each local service provider shall provide busy line verification. If there is a charge associated with the verification, the local service provider shall notify the caller of the charge before the verification is made. If the operator interrupts a conversation in progress, at the request of the calling party, the operator shall notify the caller of any charge for the emergency interruption.

4901:1-5-13 Establishment of Service

Telecommunications service providers may require service applicants to establish financial responsibility prior to establishing service. Service cannot be denied on creditworthiness grounds unless the customer has been provided an opportunity to establish financial responsibility through every means available. If financial responsibility is a prerequisite to service, the telecommunications provider must information the customer of all available options. A deposit must be among the available options. Toll caps may be used as a method of extending limited credit to customers unable to establish creditworthiness. If a customer seeks to establish or reestablish service and has not paid for service previously provided, the telephone service provider is not obligated to deem a customer's creditworthiness. Local exchange service shall not be denied to any customer on the grounds that the customer has not paid for a type of service other than local exchange service. An unpaid bill for previous toll service can be considered as reason to deny service to a customer seeking new 1+ presubscription toll service only if the unpaid bill is owed to the same telecommunications provider with whom the customer is now seeking to establish service. A subsequent toll provider may not deny service on that basis alone but may consider the customer's unpaid debt to determine whether there is a need to assess a toll deposit.

Deposits for local service shall be calculated separately from deposits for toll service. Telephone service providers must choose from either of the following two methods: (1) “the individual service history method” which calculates the amount of the deposit based on the known or estimated service history of the customer being assessed; or (2) “the uniform statewide deposit amount method” which calculates uniform statewide average deposit amounts for each of four categories of service: residential toll service, residential local exchange, nonresidence local exchange and nonresidence toll.

Under the first method the amount of the deposit for either local and/or toll service shall not exceed 230% of the estimated or, where the customer has either an existing or previous account billing history, the historic monthly average total charge for all local services provided to the customer.

Under the second method, the local service provider and toll service provider shall develop and tariff a single company-specific deposit. The amount of the deposit may not exceed 230% of the statewide average bill amount for the class and type of service involved based on a study of all customers in the state. A customer who is assessed a deposit based on a statewide average may request and receive, any time after the first three months and up to the end of the first full year, a credit for the difference between the amount of the deposit actually paid and an amount equal to 230% of the actual monthly average total bill. Any amount credited shall no longer accrue interest to be refunded with the deposit. Local service must be provided to customers who meet the deposit requirements regardless of whether the customer can meet the deposit requirements for toll service.

The assessment of separately calculated deposit for local service may appear on the same bill as any separately calculated deposit for toll service. Toll providers or local service providers acting on behalf of toll providers may block access to all toll providers for nonpayment of regulated toll charges, so long as the block customer is not denied the right to select through a presubscribed interexchange carrier (“PIC”) mechanism any subsequent 1+ toll service provider. Any subsequent toll provider may not deny establishment of 1+ presubscribed toll service on grounds that the customer has failed to establish creditworthiness. A customer, who has been universally blocked for nonpayment of toll service, selects a toll provider through the PIC mechanism; the PICed toll provider may assess a deposit in accordance with its tariff and the MTSS. The PICed toll provider may accept a lower deposit, or no deposit based upon usage, toll cap provisions or other creditworthiness.

Telecommunications providers may furnish credit information to consumer reporting agencies within the meaning of the Federal Fair Credit Reporting Act. All forms of toll blocking must be provided on a nondiscriminatory basis to all toll providers regardless of an established billing and collection agreement.

Within 60 days of the date of service, new residential customer shall be allowed, at a minimum, a one-time change of service without charge. This does preclude the company from charging the original service connection, monthly charges for the period the service was used. Within 60 days of a change in type of service, existing residential customers shall be allowed to return to their prior service without charge.

4901:1-5-14 Residential Service Guarantors

If a deposit is a prerequisite to service, the company must inform the customer of the option of providing a third-party guarantor in lieu of a deposit. If a written guarantee is provided, a customer shall be deemed creditworthy and shall not be required to make a deposit. The guarantor may terminate the guarantee after a 30-day notice. If the customer satisfies the requirements for a refund of a deposit, the company shall within 30 days, notify the guarantor in writing that the guarantor is released from further responsibility. The guarantor shall be afforded the opportunity to receive notice of disconnection.

4901:1-5-15 Subscriber Bills

All local service providers must render monthly bills unless the customer requests a different schedule. The bill must clearly state:

• the telecommunications provider's name, toll free telephone number(s) and e-mail address and/or website for customer inquiries;

• the customer's name, address, telephone and/or account number(s); date of the bill, the beginning and ending billing period, the due date of the bill;

• current month's charges, all credits, all unpaid charges from previous bills, all late payments; all charges for regulated competitive telecommunication services;

• charges for local extended area service calls (if applicable); nonrecurring, fractional or nonbasic service charges;

• all charges for nonregulated services or products that appear on the bill; all applicable taxes and surcharges, including a brief description; all 9-1-1 charges in a clearly identifiable manner;

• total amount paid, including a statement as to how and where to pay the bill; and

• explanation of codes and abbreviations used and a statement about reaching the Commission and/or the Ohio Consumers' Counsel for unresolved questions.

The bill must also include an itemization of all charges. Unless local service is part of a bundled package, the bill must list one of the following: monthly rate for local flat-rate service; base rate for local message service plus charges for any additional local message calls completed above the number of calls; or the base rate plus any usage-sensitive charges for local measured rate.

The bill shall include the details of current charges for all toll caps which shall include: date and time of placement; destination (including city and state); telephone number called; charge per call; duration and total toll charges. The bill shall include a statement that nonpayment of toll charges may result in disconnection of toll service. Detailed customer billing information shall be retained for at least 18 months.

The local service provider must provide, on an annual basis (free of charge), the following information to all residential and single access line customers: itemized listing of the basic and optional services subscribed to; monthly rate of each service; and the amount of any security deposit (including interest) being held by the company. All telecommunications service providers shall clearly highlight on the bill any new presubscribed service provider including name, toll free number for customer inquiries and a brief description of the type of service and associated charges. When a bill contains charges for two or more carriers, service providers must separate the charges. The bill must list the name of each service provider and a toll free telephone number for customer inquiries.

4901:1-5-16 Subscriber Billing Adjustments for Local Exchange Service

Adjustments shall be made to subscriber bills whenever service is interrupted and remains out service for more than 24 consecutive hours after being reported. The length of the service interruption must be computed on a continuous basis including Saturday, Sunday and holidays. This rule does not apply if the out-of-service condition occurs as a result of: negligent or willful conduct on part of the customer; a malfunction of customer-owned telephone equipment or inside wire; military action, war, insurrection, riot or strike; or the customer missing a repair appoint. Any of the aforementioned exceptions must be documented.

Credits for out-of-service conditions include:

• 24 hours but less than 48 hours, the credit shall be for at least the pro rata portion of the monthly charge(s) for all regulated local services rendered inoperative.

• 48 hours but less than 72 hours a credit equal to at least 1/3 of on month's charges for any regulated local services rendered inoperative;

• 72 hours but less than 96 hours a credit equal to at least 2/3 on month's charges for any regulated local services rendered inoperative;

• 96 hours and above a credit equal to at least one month's charges for any regulated local exchange service rendered inoperative.

A local service provider may apply for a waiver of this rule in the event of a verifiable act of God. One copy of the waiver request shall be filed with the Commission in the MTSS docket, one copy submitted to the Commission outage coordinator within two business days of the claimed act of God. The waiver request shall state the specific nature of the act of God, the extent and location of the damaged facilities, and the number of customers affected. The Commission may take action within two business days. If the exception is applied, the provision of this rule will not apply until 48 hours after the onset of the verified act of God. Accordingly 48 hours shall be added to each of the time frames established in this rule for purposes of determining credits.

If the local service provider fails to install new access line service within five business days of receiving the request, the provider must waiver at least 1/2 of all regulated nonrecurring charges. If installation does not occur within ten business days of the request, all regulated nonrecurring installation charges shall be waived. Such credits shall not be required where: special equipment is involved (cable pairs are not deemed to be special equipment for purposes of this rule); the customer has not met pertinent tariff requirements; the installation cannot be completed as a result of military action, war, insurrection riot, or strike; or the installation cannot be completed due to a customer missing an appointment.

If the local service provider fails to meet a scheduled installation appointment, 1/2 of the regulated nonrecurring installation charges shall be waived. If the local service provider fails to meet a repair appointment or repair commitment, the customer shall receive a credit of 1/2 of one months' charges. The credits do not apply when the local service provider provides the customer 24-hour notice of its inability to meet an installation appointment or when the effects of a natural disaster prohibit the company from providing such notice.

If a customer's name is omitted from the white pages of the telephone directory or incorrectly listed, the customer shall receive a credit equivalent of not less than three months' regulated local service charges. The credit shall not apply where the customer has provided such listing information after the deadline for directory publication. The customer shall be given the option of taking the credit or pursuing other remedies.

When it is confirmed that a customer has either been undercharged or overcharged due to an error in billing under the service provider's control: the maximum portion of the undercharge may be recovered from the customer in any billing month by dividing the amount of the undercharge by the number of months of undercharged or unbilled service unless the customer agrees to alternative payment plans. The local service provider shall state the amount to be collected for an undercharge by the second bill mailed after such collection is discovered. No service or billing fee shall be recovered and no customer may be disconnected to collect an undercharge except for nonpayment of the amount lawfully billed under this rule. Overcharges shall accrue interest at a rate of at least 5% per annum. The overcharge and accrued interest shall be reimbursed to the customer within two billing periods. The adjustment for an overcharge shall be in the form of either a direct payment or a credit to the customer's account within the next two billing periods.

4901:1-5-17 Denial or Disconnection of Local and Toll Service

Local service may only be disconnected for nonpayment of charges for local services regulated by the Commission. Local service is defined as “every regulated service provided by the local service provider other than toll service, 900 and 976-line services.”

Toll service may be disconnected for nonpayment of toll service subject to the following conditions: toll disconnection procedures shall comport with all applicable billing, notice, credit/deposit and disconnection standards set forth in the MTSS and shall be tariffed; a local service provider which also provides toll service, may enforce the Commission-approved disconnection procedures of a separate toll service provider pursuant to a contract between the local service provider and the separate toll service provider.

Partial payments applied to any past due amount on a bill or disconnection notice must be apportioned to past due regulated local service charges, then to any current local charges, before being applied to any toll or nonregulated charges unless the customer pays the entire amount past due. Any amount paid over the amount past due shall be applied first to current local charges.

The telecommunications provider must notify or attempt to notify a customer before service is refused or disconnected when the following conditions exist: violation or noncompliance with the telecommunications provider's rules or tariffs; failure to comply with municipal ordinances or other laws pertaining to telecommunications service; or customer refusal to permit access to its facilities.

The telecommunications provider must notify the customer before service is disconnected when the customer has committed a fraudulent act. A customer may not be disconnected if the total amount due (or an agreed upon amount) is paid by the close of business on the disconnection date listed on the disconnection notice.

No disconnection notice is required when: an emergency may threaten the health or safety of a person or the local service provider's system; if the customer's use of the equipment adversely affects the company's equipment, its service to others or the safety of the company's employees or subscribers; or a customer tampers with facilities or equipment owned by the company.

When offering extended payment arrangements, local service providers must consider a demonstration that disconnection would be dangerous to a customer's health regardless of the credit class. If local service is disconnected, a warm line connection shall be maintained for at least 14 days. Local service may not be refused or serviced disconnected for any of the following reasons: failure to pay for service furnished to a former customer unless the former customer and the new customer continue to be in the same household; nonresidential service may not be disconnected for failure to pay residential account; failure to pay any amount which is in bona fide dispute; and failure to pay an nonregulated service charges.

A customer's bill shall not be due earlier than 14 days from the date of the postmark on the bill. If the bill is not paid by the due date then it becomes past due. Disconnection shall not be sooner than 14 days after the bill and without sending a written notice of disconnection. Disconnection may be done during normal business hours; however no disconnections for past due bills may occur after 12:30 p.m. on the day preceding a day that all services necessary for reconnection are not available.

The disconnection notice shall state:

• failure to pay the amount required; the earliest date when disconnection will occur; the reason(s) for disconnection and any action necessary to avoid disconnection;

• total amount due to avoid disconnection; total amount due for toll charges and a statement that failure to pay will result in disconnection of toll service; total amount due for nonregulated charges and a statement that nonpayment of such charges cannot result in disconnection of local service;

• the address and telephone number of the telecommunications service provider; and

• the following statement “If your questions are not resolved after you have called (name of utility), customers may call the Public Utilities Commission of Ohio (PUCO), toll free at 1-800-686-7826 or 1-614-466-3292 or for TDD/TYY toll free at 1-800-686-1570 or 1-614-466-8180 from 8:00 a.m. to 5:00 p.m. weekdays, or visit the PUCO website at www.puco.ohio.gov.”

Unless prevented by conditions beyond the company's control or otherwise agreed to, reconnection must be done by 5:00 p.m. the next business day following either: receipt of the full amount in arrears; or agreement by the company and the subscriber on a deferred payment plan. Restoration of service cannot be conditioned upon payment of any amount that has not been included on a notice of disconnection.

4901:1-5-18 Construction and Maintenance of Plant and Equipment The inside and outside of each local service provider plant shall be designed, operated and maintained in accordance with the nationally recognized standards. Upon request, all local service providers must specify the standard utilized.

4901:1-5-19 Emergency Operation

All telephone equipment shall have the following emergency electric power available: for 5,000 access lines or less central office and associated switching equipment shall have a permanent power-generating unit or portable generator; for equipment for more than 5,000 access lines shall have a permanently installed emergency power-generating unit; and a four-hour battery reserve for all equipment. Records shall be maintained for all central office and associated switching equipment at a centralized site and must list all maintenance performed on the batteries. Emergency generators shall be tested under load once a month with records of such tests maintained. Each local service provider shall maintain and make available for Commission inspection its current plans for emergency operation.

Each December first the local service provider shall submit to the PUCO Outage Coordinator an emergency contact report which shall contain the following: names, addresses and home telephone numbers of three emergency contact personnel; any available hotline telephone number; and fax number(s) of emergency contact personnel. The PUCO Outage Coordinator shall be promptly notified of any change in emergency contact personnel.

4901:1-5-20 Minimum Service Quality/Adequacy of Service Levels Local service provider shall investigate and correct any instances of noncompliance. Records regarding compliance shall be developed and maintained. The records shall: demonstrate the local service provider's compliance; measure the extent and severity of noncompliance; document the application of an exceptions on a customer-specific basis; and support any investigations of individual customer complaints. The records shall be provided to the Commission upon request.

“Trouble Reports” shall be accepted 24 hours a day, seven days a week and shall be classified as either out of service or service affecting. Out of service shall not be downgraded to service affecting. The company shall notify the customer if it is the customer's responsibility to correct the problem. The trouble report rate for regulated services shall not exceed three reports per 100 assigned access lines on a monthly calendar basis. The measurement shall exclude subsequent reports relating to nonregulated service.

The local service provider shall clear any out-of-service trouble of an emergency nature. Policies and procedures shall be developed regarding those subscribers who require priority treatment for out-of-service clearance. The procedures shall include a table of restoration priority, including but not limited to, police and fire stations, hospitals, key medical personnel and other utilities. Customers with medical or life-threatening conditions shall receive priority treatment in the event of an outage. In order to receive priority treatment, the customer must submit a medical certification signed by a doctor. Such certification shall include the following information: name, address and telephone number of the customer of record; name, address of the person with the medical condition and his relationship to the customer; the nature of the anticipated length of the medical condition; and the name, office address and telephone number of the certifying physician. Medical certification shall be in writing and subject to verification.

Out-of-service reports shall be cleared within 24 hours, excluding Sundays and holidays. Credits for out-of-service shall be applied to customer bills. Service-affecting trouble reports shall be cleared within 48 hours, excluding Sundays and holidays. The local service provider shall keep all repair commitments and appointments, and the company shall specify a “not later than” time for repair commitments. The date and approximate time of day, within a four-hour window, shall be specified. If an appointment cannot be met, the company shall make reasonable efforts to notify the customer of the delay and the reason. Credits must be applied to customer bills for missed repair appointments.

As long as five-business days notice is given, the local service provider shall install local service not later than the date requested. Credits shall be given to customer bills for failure to meet requested installation date. If initial access line service is not installed within 15 business days after the scheduled installation date, the company shall provide some form of alternative service (e.g. cellular, voice mail or remote call forwarding). This only applies to the installation of a first access line. All appointments for on-premise installations shall be kept. The date and approximate time within a four-hour window shall be specified. If the appointment cannot be kept, the company must notify the customer the reason for the delay and the probable date service will be installed. Credits shall be applied to customer bills for missed installation appointments.

On a monthly calendar basis and as measured company-wide calls to the local service provider shall meet the following criteria: average speed of answer for calls shall not exceed 20 seconds; the average speed of answer for directory assistance calls shall not exceed 30 seconds; the average speed of answer for repair service center calls shall not exceed 90 seconds; and the average speed of answer for calls place to the business office shall not exceed 90 seconds.

If a company uses an automated, interactive menu driven answer system, an option of being transferred to a live attendant shall be included in the initial message. At any time during the call, the customer shall be transferred to a live attendant if the customer fails to interact with the system for a time period of not more than 10 seconds.

Answer time shall be measured from the point of the first ring at the local service provider's office. With use of an automated system, answer time is measured from the time a customer begins waiting in the queue. The term “answered” shall mean more than an acknowledgment that the customer is waiting on the line. It shall mean that the operator or automated system is ready to render assistance and/or accept the information necessary to process the call.