Tenn. Comp. R. & Regs. 1220-04-02-.57

Current through June 26, 2024

Section 1220-04-02-.57 - RULES AND REGULATIONS FOR RESELLERS OF TELECOMMUNICATION SERVICE

(1) Definitions:

(a) "Access code" means a sequence of numbers that, when dialed, connect the caller to the provider of operator services associated with that sequence.

(b) "Aggregator" means any person that, in the ordinary course of its operations, makes telephones available to the public or to transient users of its premises, for intrastate telephone calls using a provider of operator services.

(c) "Call Splashing" means the transfer of a telephone call from one provider of operator services to another such provider in such a manner that the subsequent provider is unable or unwilling to determine the location of the origination of the call.

(d) "Consumer" means a person initiating any intrastate telephone call using operator service.

(e) "Equal access" has the meaning given that term in Appendix B of the Modification of Final Judgment entered by the United States District Court in United States v. Western Electric, 569 F. Supp. 990 (D.C.D.C.; 1983).

(f) "Reseller" is a common carrier of telephone services other than a facilities-based carrier. The term reseller includes, but is not limited to, operator service providers.

(2) Resellers shall not provide intrastate telecommunications services in Tennessee without a certificate of convenience and necessity awarded by the Authority pursuant to state law and these rules. In determining whether or not to award a certificate, the Authority shall consider whether granting the certificate will service the present or future public convenience and necessity. The Authority may also consider the applicant's financial ability, character, and proposed rates, as well as such other matters as the Authority finds relevant.

(3) Local exchange carriers (LECs) shall provide intrastate access or intrastate billing and collection only to resellers that have been granted a certificate by the Authority.

(4) All resellers providing intrastate service at the time the rule becomes effective shall have ninety (90) days to submit an application for a certificate of convenience and necessity. Resellers providing intrastate service on the date this rule becomes effective shall not be required to discontinue service pending the outcome of their applications.

(5) APPLICATIONS FOR AUTHORITY. An application for a certificate of convenience and necessity, submitted by a reseller shall include the following information which must be certified as true and correct:

(a) the name of the reseller, the address of the reseller's corporate headquarters, and the names and addresses of the reseller's principal corporate officers;

(b) if different than above, the name and address of all officers and corporate officers located in Tennessee and the name(s) and address(es) of employee(s) responsible for Tennessee operations;

(c) a certified statement from a principal corporate officer that the reseller is operating in compliance with all applicable federal and state laws and all FCC and Authority rules. If the reseller is an operator service provider, the statement must specifically reference T.C.A. § 65-5-106;

(d) information about the structure of the business organization and, where applicable, a copy of any articles of incorporation, partnership agreement or by laws of the resellers and any entity owning or controlling interest in the reseller, and a copy of a license to do business in Tennessee;

(e) an up-to-date balance sheet and income statement;

(f) the name, address, and telephone number of a Tennessee contact person responsible for and knowledgeable about the reseller's operations;

(g) repair and maintenance information including the name, local address, and telephone number of the individual responsible for servicing customers and supplying refunds;

(h) for operator service providers, a proposed tariff containing all operator service rates, tolls, charges, classifications and rules in compliance with Rules 1220-4-1-.01 and 1220-4-1-.02;

(i) a list of other states where the reseller is authorized to operate and a list of those states which have denied the requested authority;

(j) a description of company procedures used to verify customer-ordered changes in preferred interexchange carriers;

(k) a fifty dollar ($50) registration fee; and

(l) such other information as the Authority may require.

(6) The Authority may grant or deny certificates based on the certified application subject to the right of any party to request a hearing. Falsification of, or failure to disclose, any information required in the application shall be grounds for denial or revocation of a reseller's certificate.

(7) Rates and Tariffs:

(a) Any operator service provider whose rates are equal to or less than the maximum rates of the predominant LEC or IXC for an equivalent call, as defined in T.C.A. §§ 65-5-106(1) and (2), shall be deemed just and reasonable. Any operator service provider that desires to charge a higher rate or utilize a different pricing method than the predominant LEC or IXC shall file appropriate cost justification for the proposed charge.

(b) Within ten (10) days of a request from the Authority or its Staff, a reseller shall provide a tariff containing requested rates, tolls, charges, classifications, and rules.

(8) All resellers shall recognize and give effect to customer-ordered requests made to the customers local exchange carrier that certain types of calls, such as collect, third party, and/or "900 calls, be blocked.

(9) CONSUMER INFORMATION:

(a) Each provider of operator services shall:

1. identify itself, audibly and distinctly, to the consumer at the beginning of each telephone call and before the consumer incurs any charge for the call;

2. permit the consumer to terminate the telephone call at no charge before the call is connected; and

3. disclose immediately to the consumer, upon request and at no charge to the consumer:

(i) a quotation of its rates or charges for the call;

(ii) the methods by which such rates or charges will be collected; and

(iii) the methods by which complaints concerning such rates, charges or collection practices will be resolved.

(b) Each aggregator shall post on or near the telephone instrument, in plain view of the consumers:

1. The name, address, and toll-free telephone number of the provider of operator services.

2. A written disclosure that the rates for all operator-assisted calls are available on request, and that consumers have a right to obtain access to the intrastate common carrier of their choice and may contact their preferred intrastate common carrier for information on accessing that carrier's service using that telephone, and

3. The name and address of the Tennessee Regulatory Authority, 460 James Robertson Parkway, Nashville, Tennessee 37243-0505, to which the consumer may direct complaints regarding operator services.

(10) CALL BLOCKING PROHIBITED

(a) Each aggregator shall ensure that each of its telephones prescribed to a provider of operator services allows the consumer to use "800" and "950" access code numbers to obtain access to the provider of operator services desired by the consumer.

(b) Each provider of operator services shall:

1. ensure, by contract or tariff, that each aggregator for which such provider is the prescribed provider of operator services, is in compliance with the requirements of sub-paragraphs (a) and (c) of this paragraph; and

2. withhold payment (on a location-by-location basis) of any compensation, including commissions, to aggregators if such provider reasonably believes that the aggregator is blocking access to intrastate common carriers in violation of sub-paragraph (a) and (c) of this paragraph.

(c) Each aggregator shall ensure that any of its equipment prescribed to a provider of operator services allows the consumer to use equal access codes to obtain access to the consumer's desired provider of operator services consistent with the unlocking schedule set forth in 47 C.F.R. Section 64.704.

(11) In instances in which the Authority has ordered facilities-based carriers to provide toll-free service, all resellers shall also provide toll-free service.

(12) All resellers shall provide a toll-free number for customers to call regarding questions and complaints.

(13) All resellers shall pay an inspection, control and supervision fee as required by T.C.A. § 65-4-301.

(14) All resellers shall comply with Rule 1220-4-2-.13 regarding customer complaints.

(15) All resellers shall file ad valorem tax reports pursuant to T.C.A. § 67-5-1301et seq.

(16) Violation of state law or the Authority's rules may constitute grounds for fines or revocation of a reseller's certificate as described below:

(a) If the Chief of the Consumer Services Division has cause to believe that a reseller is in violation of an Authority rule or state law, he/she shall notify the reseller of the alleged violation. The notice shall include copies of any documentation indicating that the reseller is in violation of the rule or statute.

(b) The reseller shall have thirty (30) days to provide a written response to the notice. Failure to respond to the notice shall be considered grounds for summary revocation of the reseller certificate.

(c) After reviewing the response the Chief may recommend to the Authority the issuance of a show cause order pursuant to T.C.A. § 65-2-106.

(d) Upon a determination that a reseller is in violation of a statute or Authority rule, the Authority may impose fines, revoke the reseller's certificate or order such other remedies as provided by law.

Tenn. Comp. R. & Regs. 1220-04-02-.57

Original rule filed March 28, 1995; effective June 13, 1995. Editorial changes made by the Secretary of State pursuant to Public Chapter 305 of 1995; "Commission" and references to the "Commission" were changed to "Authority" and references to the "Authority"; effective March 28, 2003.

Authority: T.C.A. §§ 65-2-102, 65-4-115, 64-4-117, 65-4-120, 65-4-201, 65-5-102, and 65-5-206.