003.01GeneralAn interexchange carrier shall have the authority, through its certificate of public convenience and necessity or permit granted by the Commission, to provide interexchange telecommunications services subject to the provisions in this section.
003.01A The Commission shall maintain safeguards for the protection of proprietary information, included but not limited to, protective orders and limited distribution of the proprietary information.003.01B The Commission may exempt an interexchange carrier or interexchange service from any provisions of this chapter when the Commission determines that the interexchange carrier or interexchange service is subject to competition. The Commission shall continue to exercise oversight authority over all interexchange carriers and services, and may reimpose or strengthen to the extent necessary, regulation over such services or carriers when the Commission determines such regulation is warranted.003.01C The following subsections of the preceding section in this chapter shall apply to interexchange carriers with the terms "exchange carrier", "access line service", and "central office" replaced by "interexchange carrier", "interexchange service", and "switching office" respectively if the service is provided as a common carrier. If the interexchange service is provided as a contract carrier, the contract shall govern the terms and conditions, if any, of the subsections below apply: | 002.02 | Adequacy of Service |
| 002.03 | Interruptions of Service |
| 002.05 | Emergency Operations and Power |
| 002.08 | Maintenance Program |
| 002.09 | Operator Rules |
| 002.11 | Answering Time Objectives |
| 002.15 | Application for Service |
| 002.16 | Refusal of Service and Disconnection |
| 002.17 | Customer Billing |
| 002.19 | Rules Governing Credit and Deposits |
| 002.23 | Records |
| 002.27 | Transfer of Ownership of Exchange Carriers of their Properties |
| 002.31 | Rate Regulation |
003.01D Common carriers providing interexchange service shall comply with Sections 003.02 through 003.11C. Contract carriers providing interexchange service pursuant to contract authority shall comply with Sections 003.02 through 003.11C unless the terms of their respective contracts provide for some alternative.003.02Trouble Reports003.02A All interexchange carriers shall comply with the provisions of Subsection 002.04 of this chapter regarding trouble reports. 003.02A1 The trouble index objectives found in part 002.04C shall not apply to interexchange carriers.003.03Information003.03A Each interexchange carrier shall, upon request, provide its customers with such information and assistance as is necessary so that they may secure the most desirable grades of service.003.03B Each interexchange carrier shall provide customer line verification in emergencies where possible.003.04TestsEach interexchange carrier shall provide or contract for test facilities which will enable determination of operating and transmission capabilities of circuit and switching equipment, either for routine maintenance or for fault location.
003.05Trunk and Access Circuit Service Objectives003.05A On toll connecting trunks, a goal of sufficient quantities of trunks to be provided so that ninety-nine percent (99%) of all telephone calls offered to any trunk group will not encounter an all trunks busy condition.003.05B Trunks shall be provided in sufficient quantities so that ninety-five percent (95%) of all toll manual calls will be completed without an all trunks busy condition.003.05C Ninety-five percent (95%) of Direct Distance Dialed (DDD) calls, assuming they are properly dialed, shall receive a ring back signal, line busy signal or intercept facility on the first attempt after completion of dialing.003.05D Interexchange carriers shall provide access circuits in sufficient quantities so that at least ninety-five percent (95%) of all calls offered to the interexchange carrier will not encounter an all circuits busy condition.003.06Transmission RequirementsInterexchange carriers shall furnish and maintain adequate plant, equipment, and facilities to provide satisfactory transmission of telecommunications. Transmission shall be at adequate volume levels and free of excessive distortion. Levels of noise and cross-talk shall be such as not to impair telecommunications.
003.07Minimum Transmission ObjectivesThe transmission objectives set forth herein are based upon the use of standard telephone sets connected to a 48-volt dial central office. This does not preclude future designs based on new instruments or voltages other than 48 volts, provided that equivalent or better transmission is obtained.
003.07A Transmission loss as set forth herein means the loss that occurs in a telephone connection, measured in decibels (db) at one thousand (1000) hertz per second, exclusive of test pads, impedance matching coils used for measurement, and similar devices.003.07B The maximum overall transmission loss objective, including the loss of terminating equipment, for toll terminating trunks shall be four (4) db. The maximum loss objective of intertoll trunks shall be consistent with the requirements of a nationwide switching plan.003.07C Noise, as set forth herein, means noise expressed in db above reference level, with the standard C-message weighting (dbrnC) at applicable circuitry impedances. Reference level is defined as -90 dbm (minimum 90 decibels referred to one milliwatt).003.07D The maximum noise objectives for trunks, with both terminals located within the State of Nebraska, shall be as follows 003.07D1 Trunks of 50 miles or less in length, thirty-two (32) dbrnC. 003.07D2 Trunks between 50 and 100 miles in length, thirty-six (36) dbrnC. 003.07D3 Trunks exceeding 100 miles in length, forty (40) dbrnC.003.08Tariff to be Filed with the CommissionNo interexchange carrier shall offer a telecommunications service to the public, except pursuant to its tariff filed with the Commission. The provisions of such tariff shall be definite and so worded as to minimize ambiguity or the possibility of misinterpretation and shall include, together with such other information as may be deemed pertinent, the following
003.08A Definition of all classes of service provided.003.08B Rules governing foreign exchange service (where offered) and all other service offerings together with the corresponding rates and charges.003.09Accounting 003.09A For purposes of accounting to the Commission, each interexchange carrier shall be classified and shall keep its books and records in accordance with the Uniform System of Accounts as prescribed by the Federal Communications Commission.003.09B Each interexchange carrier shall file an annual report with the Commission on or before April 30 of the succeeding year.003.09C Each interexchange carrier filing an annual report with the Federal Communications Commission shall file a copy of same with the Commission and in addition shall file with the Commission an annual report on the form prescribed by the Commission.003.09D Interexchange carriers operating in more than one state shall file with the Commission a supplemental annual report with segregation of investment, revenue and expense accounts and miscellaneous statistics for the State of Nebraska on the form prescribed by the Commission.003.09E Interexchange carriers not filing an annual report with the Federal Communications Commission shall file with the Commission an annual report on the form prescribed by the Commission.003.10Service Area 003.10A Each interexchange carrier shall file with the Commission a map showing each originating location.003.10B Each interexchange carrier shall file with the Commission a map showing each terminating location.003.10C Each interexchange carrier must file new or revised maps when originating or terminating locations identified in 003.10A and 003.10B change.003.10D Commission acceptance or approval of a map filed pursuant to this subsection shall not preclude the Commission from thereafter determining in any appropriate proceeding the accuracy of the map filed.003.11Application for New Rates or Charges or Changes in Existing Rates or Charges003.11A New Rates: An application to establish new rates or charges or to change existing rates or charges filed pursuant to Section 75-128 R.R.S., 1943, as amended, shall be accompanied by proposed tariff sheets setting forth the proposed rates and the appropriate filing fee. An application to increase rates for interexchange service shall include the information set forth below along with such tariff sheets and filing fee. In lieu of filing proposed tariff sheets an applicant may submit a detailed rate schedule of all items to be changed including the present rate, the proposed rate, the number of units and the revenue to be produced. 003.11A1 Testimony and exhibits of all witnesses to be called in the direct case. Amendments of filed testimony and exhibits may be made only with the permission of the Commission.003.11A2 Balance sheet and income statement or, in lieu thereof, a statement of the assets and reserves which constitute the jurisdictional rate base and net earnings statement for the test year and any adjustments thereto.003.11A3 The latest available certified audit report.003.11A4 The latest annual report to stockholders.003.11A5 A summary of monthly answering time study results for the most recent 12 month period for which such information is available.003.11A6 This Rule shall not apply to rate increases of interexchange carriers if such rate increases are intended only to pass on to customers increases in payments to municipalities, such as occupation taxes, license taxes, permits or franchise fees.003.11B New Services003.11B1 New products and services identification and rate schedules will be submitted to the Commission under the proprietary information provision ten (10) days before first date of offer.003.11B2 Service discontinuances, by item, area, customer class, etc. will be submitted to the Commission thirty (30) days before withdrawal date. The Commission will adjudge the necessity of a hearing.003.11C Experimentation: Interexchange carriers will be allowed to implement market trials, and rate and service experiments upon ten (10) days notice.003.12Inter-LATA Interexchange Telecommunications Services 003.12A Applications: Applications for a certificate or permit authorizing any telecommunications company to offer and provide inter-LATA interexchange telecommunications services shall: (a) be submitted in writing; (b) be subscribed to under oath by a duly authorized official of the applicant who possesses full power and authority to make binding representations on the applicant's behalf; (c) be accompanied by the filing fee established pursuant to Rules of Commission Procedure, Section 025; and, (d) include, to the extent pertinent to the applicant's form of organization, the following information003.12A1 A certified copy of applicant's articles of incorporation with all amendments.003.12A2 If applicant is a foreign corporation, a copy of its certificate of authority to transact business in Nebraska.003.12A3 If applicant is a partnership or a limited partnership, a copy of applicant's articles of partnership or limited partnership.003.12A4 If applicant is a joint venture, a copy of applicant's joint venture agreement.003.12A5 If applicant is a proprietorship, the name and business address of the proprietor.003.12A6 The names, telephone numbers, and business addresses of each of applicant's officers, directors, general and limited partners, or joint venture members.003.12A7 The names and business addresses of each of applicant's shareholders having a beneficial interest in 5% or more of applicant's voting securities.003.12A8 A listing of each state in which applicant currently transacts business and a brief description of the nature and extent of the business transacted in each such state.003.12A9 A listing of each state in which the applicant has applied for certification or a permit to provide telecommunication services; the date each such application was filed; and the disposition of each such application. 003.12A10 A detailed description of each formal complaint or other investigatory or enforcement proceeding involving the business operations of applicant or any of its officers, directors, principals, partners, proprietors, or shareholders having a beneficial interest in 5% or more of applicant's voting securities, commenced within the last two (2) years showing the state where such action was brought, the date commenced, the nature of the proceeding, the substance of the complaint or proceeding, and its disposition or current status.003.12A11 A detailed description of the services applicant proposes to offer in Nebraska, including whether advance payments and/or deposits will be required.003.12A12 A description of the geographic areas within which such services will be offered, showing originating points.003.12A13 A detailed description of the communications network applicant proposes to utilize in Nebraska. If any facilities will be purchased or leased from other providers, identify the lessor(s) or vendor(s) and provide copies of the purchase and/or lease agreements. If applicant's own facilities will be utilized, describe the facilities in detail and indicate when they will be available and how they will be maintained.003.12A14 A description of applicant's technical support staff, training and/or experience of personnel pertinent to its Nebraska operations together with such information as applicant deems appropriate to allow the Commission to make an assessment of the technical competency of such staff.003.12A15 A copy of applicant's last three annual financial statements, to include a balance sheet and profit and loss statement, and evidence of adequate financing, certified by an independent certified public accountant, together with applicant's most recent interim financial statements, certified by applicant's chief financial officer. If certified financial statements are not available, applicant shall provide such information as the Commission requires to satisfy this provision. At a minimum, financial statements shall adhere to generally accepted accounting principles (AGAAP@). For the purposes of determining evidence of adequate financing, the following minimum criteria shall be met 003.12A15a A Minimum Positive Capitalization of $200,000: Capitalization shall include all components of equity and total long and shortterm debt and can include, but is not limited to, all classes of capital stock, additional paid-in capital, treasury stock, retained earnings, accumulated deficit, preferred stock, long and short-term debt.003.12A15b Positive Working Capital: For purposes of determining working capital, working capital shall be defined as the excess of an entity=s current assets over its liabilities. 003.12A16 A copy of the latest annual report of applicant, if available.003.12A17 A schedule showing investment to be made in proposed service and estimated expenses until breakeven point.003.12A18 The name and business address of applicant's attorney, resident agent, or other representative to whom all communications regarding the application should be directed.003.12A19 The name and business address of resident agent or person to contact concerning customer complaints. 003.12B Standards for Determination: The Commission will base its decision to approve or deny the application upon its assessment of the financial resources and the managerial and technical competency of the applicant. The Commission will deny the application of any applicant which 003.12B1 Does not provide the information required by Rule 003.12A.003.12B2 Fails to file any performance bond required by the Commission in accordance with the provisions of Rule 003.12E.003.12B3 Does not possess adequate financial resources to provide the proposed service; or003.12B4 Does not possess adequate managerial and technical competency to provide the proposed service.003.12C Notice: The Commission shall take action to approve or issue a notice of hearing concerning any application for certification or for a permit within 30 days after receiving the application. The Commission may approve an application with or with- out a hearing. The Commission may deny an application only after a hearing.003.12C1 Notice of the filing of the application will be in accordance with the provisions of Rules of Commission Procedure 011.06 and 011.08.003.12D Protests Against Applications; When Filed: Except as provided in Rule 014.05, and unless otherwise provided in statute, a protest against the granting of an application for a certificate or permit authorizing inter-LATA interexchange telecommunications service shall be filed with the Commission within ten (10) days from the date of publication of said notice. A copy of the protest shall be served upon all adverse parties of record, or upon their attorney or attorneys of record.003.12E Performance Bonds003.12E1 The Commission may, if it finds that such action is in the public interest, require an applicant, as a condition precedent to the granting of an application for a certificate or permit authorizing the offering and providing of inter-LATA interexchange telecommunications services, to file with the Commission a bond in such sum as the Commission may require. Such bond shall run to the State of Nebraska and be for the benefit of003.12E1a Other telecommunications companies providing access to the local exchange networks for the applicant.003.12E1b All customers of the applicant.003.12E2 The minimum bond must be sufficient to protect any advances or deposits the telecommunications company may collect from its customers. 003.12E3 The Commission may, for good cause shown, require such increases in the amount of such bond, from time to time, as it may deem necessary for the protection of the public. The surety on such bond must be a corporate surety company holding a certificate of the Department of Insurance of the State of Nebraska authorizing it to execute the same.003.12F Escrow or Advance Deposits: The Commission may require that any deposit the applicant telecommunications company collects from its customers or any advances made by the customer be held in escrow or trust in a federally insured financial institution.003.12G Rules 003.13 through 003.16D apply only to common carriers. Contract carriers providing services within the purview of these rules will provide for the terms of their service pursuant to the terms of the contract between the carrier and their customer.003.13Notice of a Change in a Rate List other than for Basic Local Exchange ServiceAny change in a rate list under Neb. Rev. Stat. ' 86-803(1)(Reissue 1999) shall be effective after ten days notice to the Commission.
003.14Effective Notice to Customers In addition to the notice to the Commission, each telecommunications company shall notify the customers affected by an increase in a rate list. Notice to affected customers may be in any of the following forms
003.14A Publication in a statewide or local newspaper in the area.003.14B Included in the latest Bill.003.14C Separate letters notifying customers of increases.003.15Statement to CommissionWithin thirty days after the effective date of an increase in a rate list, the telecommunications company shall present the Commission with a signed, written statement that affected customers have been notified or are being notified and the method of notification. In the case where customers are still being notified, the statement shall include the date when notification shall be final, not to exceed sixty days after the effective date of an increase.
003.16Operator ServiceOperator service providers as defined in Section 001.01AA shall comply with all provisions of these rules applicable to interexchange carriers including, but not limited to those dealing with certification, complaints and quality of service.
003.16A Identification: All operator service providers shall identify themselves in the course of the transaction of an operator assisted call in sufficient time for a caller to terminate the call without incurring a charge.003.16B Customer Notification: Operator service providers contracting with hotels, motels, hospitals, private pay phone owners or other such businesses are required to cause to be posted and displayed in a prominent fashion, a notice that their rates are not regulated and instructions for registering a complaint with the operator service provider. The notice shall include the carrier name, detailed complaint procedure and procedure to access another company's operator. Rates of the operator service provider shall be available to the caller upon request.003.16C Public Safety: All operator service providers must provide adequate emergency service to callers dialing zero (0-). Absent the ability of an operator service provider to process emergency calls itself or to reroute emergency calls at all locations back to the originating local network in a timely fashion at no charge, then all 0- calls shall be directed to the local exchange carrier.003.16D Access to Other Carriers: In order for proper billing of calls and that access to alternate long distance carriers not be denied to the end user, operator service providers must insure that a caller is able to use his or her carrier of choice for long distance service, where available. Operator service providers shall also have procedures for transferring callers on request to other carriers or instructing such callers to follow dialing procedures previously provided to the caller by the carrier of choice. Such transfer may be made only to an operator center serving the originating telephone.003.17Permit RequiredBefore any person may offer any telecommunications services as a contract carrier, such carrier must first obtain from the Commission a permit pursuant to the rules set forth herein.
003.18Applicable Rules for Local Exchange Contract CarriersThe following subsections of Rule 002 in this chapter shall apply to contract carriers seeking to provide local telecommunications services unless the parties have agreed to different quality of service standards in their contract. Only those quality of service standards applicable to the type of service offered will be applicable. Voice grade quality standards will not be applicable to data transmission.
| 002.01 | General |
| 002.02 | Adequacy of Service |
| 002.03 | Interruptions of Service |
| 002.04 | Trouble Reports |
| 002.05 | Emergency Operations and Power |
| 002.07 | Intercept |
| 002.08 | Maintenance Program |
| 002.09 | Operator Rules |
| 002.10 | Tests |
| 002.11 | Answering Time Objectives |
| 002.12 | Dial Service Objectives |
| 002.13 | Loop Transmission Objectives |
| 002.16 | Refusal of Service and Disconnection |
| 002.22 | Directories |
| 002.23 | Records |
| 002.24 | Accounting |
| 002.26 | Transfer of Ownership of Exchange Carriers of their Properties |
| 002.28 | Short Term Debt |
| 002.44 | Service |
| 002.49 | Certification and Permitting of Competitive Local Exchange Carrier (CLEC) except that subsections 002.49D1 through 002.49D3 shall not apply. |
003.19Applicable Rules for Interexchange Contract CarriersThe following subsections of Rule 003 shall apply to contract carriers providing or seeking to provide interexchange telecommunications services unless the parties have agreed by contractual terms to different quality of service standards. Only those quality of service standards applicable to the type of service offered will be applicable. Voice grade quality standards will not be applicable to data transmission.
| 003.01 | General |
| 003.02 | Trouble Reports |
| 003.03 | Information |
| 003.04 | Tests |
| 003.05 | Trunk and Access Circuit Service Objectives |
| 003.06 | Transmission Requirements |
| 003.07 | Minimum Transmission Objectives |
| 003.09 | Accounting |
| 003.12 | Inter-LATA Interexchange Telecommunications Services |
except that subsections 003.12E and 003.12F shall not apply 003.16 Operator Service
003.20Other Applicable SectionsIn addition to the requirements otherwise identified in this Rule, all contract carriers must comply with all universal service, Lifeline, 911 and E911, wireless 911, enhanced wireless E-911 and telecommunications relay service requirements as directed by the Commission.
003.21Application of Rules If a common carrier is providing common carrier service, the rules applicable to common carriers shall apply. If a common carrier is providing contract service, the rules applicable to contract carriers shall apply. The service provided by each carrier shall be governed by the rules applicable to that class of carrier.
003.22Single Permit Any person wishing to provide telecommunications services as a contract carrier may obtain from the Commission a single permit to serve multiple customers. The permit will identify the type of service and the geographic area in which the service is to be provided. Common carriers which provide contract carrier service may provide contract carrier service to no more than twenty-five percent (25%) of the total customers it serves as a common carrier. Carriers which hold only a contract carrier permit may serve no more than five (5) customers as a contract carrier.
003.23Certification of Contract Each contract carrier shall file a certification of contract for each customer with whom it signs a contract to provide service. A certification shall be in such form as the Commission may direct and include, but not be limited to:
(a) the date the certification was filed; (b) the name of the permit holder; (c) the permit number assigned by the Commission; (d) the type of services that will be provided under the contract; (e) the name of the customer; (f) the customer(s address; (g) the primary telephone number of the customer;(h) the term of the contract; and,(i) the signature of an authorized representative of the carrier holding the permit.291 Neb. Admin. Code, ch. 5, § 003