291 Neb. Admin. Code, ch. 5, § 001

Current through June 17, 2024

Section 291-5-001 - GENERAL

001.01Definitions

As used in this chapter unless the context otherwise requires.

001.01A Access

001.01A1 Carrier Access: The ability of interexchange carriers to utilize the facilities of the exchange carrier for the origination and termination of interexchange calls.

001. 01A2 Subscriber Access: The ability of subscribers to utilize the facilities of the exchange carrier for connection to the network.

001.01B Access Line: The facility used by the exchange carrier to provide dial tone to a subscriber from the central office through and including the Network Interface on the subscriber's premises.

001.01C Application for Service: A request made verbally or in writing for telecommunications service and shall include requests for a change in existing service.

001.01D Base Rate Area: The area in which urban access line service is furnished without mileage charges.

001.01E Billing Company: Any company rendering its own bill, or who has legally contracted with a telecommunications company to provide billing services.

001.01F Busy Hour-Busy Season: The continuous one-hour period of that day in the calendar month or period of the year (not to exceed 30 days) during which the greatest volume of traffic is handled by the central office.

001.01G Call: A customer telecommunications message attempted.

001.01H Central Office: An independent switching unit in a telecommunications system providing service to the general public, having the necessary equipment and operating arrangements for terminating and interconnecting access lines and trunks or trunks only. There may be more than one central office in a building.

001.01I Certificate: An authorization issued by the Commission to allow a person to offer telecommunications services within Nebraska as a common carrier.

001.01J Class of Service: The various categories of service generally available to customers such as business access line service.

001.01K Commission: The Nebraska Public Service Commission.

001.01L Competitive Eligible Telecommunications Carrier: A carrier that is an eligible telecommunications carrier and does not meet the definition of an incumbent local exchange carrier.

001.01M Competitive Local Exchange Carrier: A person holding a permit to offer contract carriage or a certificate to offer common carriage telecommunications services within Nebraska issued after February 8, 1996. Competitive local exchange carriers are not required to offer dial tone service or any other specific service unless authorized or required by the terms of their permit or certificate.

001.01N Customer and/or Access Line Trouble Report: Any oral or written report from a subscriber relating to a physical defect in the operation of the exchange carrier's facilities.

001.01O Customer or Subscriber: Any person, firm, partnership, corporation, limited liability company, municipality, cooperative, organization, governmental agency or any other entity provided with telecommunications service by a telephone company.

001.01P Deaf: Any hearing impairment, with or without amplification, which is so severe that the person with the impairment may have difficulty in auditorily processing spoken language without the use of an interpreter.

001.01Q Dual-Disabled: Any individuals with more than one hearing, vision or speech impairment simultaneously.

001.01R Eligible Telecommunications Carrier: A carrier designated as such by this Commission.

001.01S Exchange: A unit established by an exchange carrier for the administration of access line service in a specified area which usually embraces a city, town or village and its environs. It consists of one or more central offices together with associated plant used in furnishing access line service in the area.

001.01T Exchange Carrier: A local exchange telephone company operating under authority of a Certificate of Public Convenience and Necessity engaged in providing access line service and related telecommunications service, regulated or unregulated, to the public. An exchange carrier may provide interexchange service as authorized by this Commission.

001.01U Extended Area Service (EAS): A telecommunications service which groups two or more exchanges to allow subscribers of one exchange in the group to place and receive two (2) way switched communications to and from subscribers in one or more other exchanges in the group without an interexchange toll charge.

001.01U1 Petitioning Exchange: The exchange which petitions the Commission for EAS.

001.01U2 Petitioned Exchange(s): The exchange, or group of exchanges, to which the petitioning exchange asserts a community of interest.

001.01V Fund: The Nebraska Telecommunications Relay System Fund (NTRSF).

001.01W Grade of Access Line Service: The type of access line service furnished a customer with respect to the number of access lines which may be connected to central office lines (1-party, 2-party, 4-party and multi-party).

001.01X Hard of Hearing: A hearing loss, permanent or fluctuating, which may adversely affect the ability to understand spoken language without the use of an interpreter or auxiliary aid.

001.01Y Held Application: A firm but unfilled application which is not filled within thirty (30) days.

001.01Z Household: A family unit whose members are related by birth, marriage, or adoption and who share a common living arrangement.

001.01AA Incumbent Local Exchange Carrier: A person holding a certificate to offer local exchange telecommunications services within Nebraska issued on or before February 8, 1996. The issuance of a new certificate in conjunction with the acquisition of a certificate issued on or before February 8, 1996, gives the acquiring entity incumbent local exchange status in the pre-February 8, 1996, certificated area.

001.01BB Indebted Household: Two or more people living together at least one of whom is indebted to the telephone company for service previously rendered.

001.01CC Intercept: A means, whether automatic or manual, to permit the interception of calls to vacant levels, numbers, and codes.

001.01DD Interexchange Carrier: A telecommunications company which provides interexchange telephone service.

001.01EE Interexchange Service: The telecommunications service rendered by telephone companies between points which are not both within a local calling area as established in the tariff of an exchange carrier.

001.01FF Inter-LATA Interexchange Service: Telecommunications services that originate in one and terminate in another Local Access and Transport Area.

001.01GG Intra-LATA Interexchange Service: Telecommunications services that originate and terminate in the same Local Access and Transport Area.

001.01HH Local Exchange Service: The telecommunications service provided within a local calling area in accordance with the exchange carrier's tariffs.

001.01II Map: A drawing showing the geographical location of an area in which a telephone company furnishes service.

001.01JJ Message: A completed customer telephone call.

001.01KK Nebraska Specialized Telecommunications Equipment Program (NSTEP): Program administered by the Commission that provides assistance to impaired Nebraskans in purchasing specialized telecommunications equipment.

001.01LL Nebraska Telecommunications Relay System (NTRS): The Nebraska service permitting full and simultaneous communication between deaf, hard of hearing, or speech-impaired persons using specialized telecommunications equipment and other persons using conventional telephone equipment.

001.01MM Network Interface: The point of connection between the subscriber's facilities and the exchange carrier provided access line, which is located on the subscriber's premises at a place deemed necessary to insure transmission quality, station grounding coordination and which is readily accessible to the subscriber and the exchange carrier.

001.01NN Operator Service Provider: Any person, firm, partnership or corporation engaged in furnishing operators to facilitate the completion of local and/or long distance calls and who also bills for such operator services and call completion either separately, through exchange carriers or other billing services such as credit card companies.

001.01OO Optional Enhanced Area Calling Plan (OEACP): A toll discount plan offered in lieu of EAS or for any other purpose.

001.01PP Originating Location: The geographic area served for originating interexchange telecommunications through the facilities of the exchange carrier at the originating end of the call.

001.01QQ Permit: An authorization issued by the Commission to allow a person to offer telecommunications services within Nebraska as a contract carrier.

001.01RR Person: Any individual, firm, partnership, limited liability company, joint venture, cooperative, corporation, company, association, or other entity.

001.01SS Personal Telephone Service: Telephone service located in an individual's room and the telephone service account is in the individual's name.

001.01TT Program Administrator: The person designated by the Commission for the administration of the Nebraska Telecommunications Relay System Act.

001.01UU Proprietary Information: Any information that is intended solely for the use of persons authorized by a company and not for general disclosure.

001.01VV Specialized Telecommunications Equipment (STE): Any telecommunications device enabling deaf, hard of hearing, or speech-impaired persons to communicate using conventional telephone systems, including, but not limited to, telecommunications devices for the deaf, signaling devices, and amplification devices.

001.01WW Speech-Impaired: A permanent or fluctuating loss of ability to vocalize auditory sounds which may adversely affect the ability to communicate in a spoken language without the use of an interpreter or auxiliary aid.

001.01XX Tariff: The schedule of rates, tolls, rentals, charges, classifications, rules and regulations which a carrier files with the Commission.

001.01YY Telecommunications: The transmission between or among points specified by the subscriber, of information of the subscriber's choosing, without a change in the form or content of the information as sent or received.

001.01ZZ Telecommunications Common Carrier: A person holding a certificate issued by the Commission to offer telecommunications services within Nebraska.

001.01AAA Telecommunications Contract Carrier: A person holding a permit issued by the Commission to offer telecommunications services within Nebraska.

001.01BBB Telecommunications Relay Surcharge: The surcharge set annually by the Commission to carry out the Telecommunications Relay System Act.

001.01CCC Telephone Company: Any person, firm, partnership, limited liability company, cooperative, corporation, or other entity engaged in the business of furnishing telecommunications services.

001.01DDD Terminating Location: The geographic area served for terminating interexchange telecommunications through the facilities of the exchange carrier at the terminating end of the call.

001.01EEE Text Telephone (TTY): Any machine that employs graphic communication in the transmission of coded signals through wire or radio communication system.

001.01FFF TRS Act: The Telecommunications Relay System Act.

001.01GGG Vendor: Any person, firm, partnership, limited liability company, cooperative, corporation, or other entity that sells goods or services for profit.

001.01HHH Vouchers: Written certificates issued under the Telecommunications Relay System Act to pay private vendors for all or part of the cost of equipment to qualified deaf, hard of hearing, and speech-impaired persons in Nebraska.

001.01III Wireless Service: The offering of wireless telecommunications, as defined in Neb. Rev. Stat. § 86-456.01 (Supp. 2007), for a fee.

001.02Requirement for a Certificate or Permit

Before any person offers any telecommunications service, it must first obtain from the Commission a certificate, if seeking to provide telecommunications services as a common carrier, or a permit, if seeking to provide telecommunications services as a contract carrier. No agency or political subdivision of the state may be issued a certificate of public convenience and necessity as a telecommunications common carrier or a permit as a telecommunications contract carrier.

291 Neb. Admin. Code, ch. 5, § 001