002.01General 002.01A An exchange carrier shall have the authority, through its Certificate of Public Convenience and Necessity, within its Certificated service area to 002.01A1 Provide local exchange or access line service.002.01A2 Provide radio common carrier service, including paging and mobile telephone service. Such radio common carrier service shall be subject to the provisions of Chapter 6 of these rules and regulations.002.01A3 Provide the resale of access line service as may be defined in the exchange carriers' tariffs.002.01B 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.002.02Adequacy of Service002.02A Each exchange carrier shall provide adequate access line service. In determining whether the access line service provided by an exchange carrier is adequate, the Commission's consideration will include, but shall not be limited to, the adequacy of the carrier's plant and equipment, the number and nature of service interruptions, trouble reports, customer complaints and held applications, the nature of access line service offered by the carrier and the nature of the access line services desired by the public served.002.02B Adequate service shall include not subjecting any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage in the provisioning of service by means of blocking, choking, reducing or restricting traffic in any way, or otherwise engaging in unjust or unreasonable conduct with regard to intrastate telecommunications service prohibited by Nebraska law or the rules and regulations of the Commission.002.02C In the event of a dispute between a subscriber or subscribers and an exchange carrier regarding the adequacy of the access line service provided, the carrier shall make such investigations as required by the particular case, and report the results to the subscriber. In the event the dispute is not reconciled, the exchange carrier, or the subscriber affected, may make application to the Commission for a determination of the dispute.002.02D Each exchange carrier shall employ appropriate engineering and administrative procedures to determine the adequacy of access line service being provided to its customers.002.02E Traffic studies shall be made and records thereof maintained to the extent and frequency necessary to determine that sufficient equipment and adequate operating forces are provided.002.02F Each exchange carrier shall employ adequate procedures for assignment of facilities. The assignment record shall be kept up-to-date and checked periodically to determine whether adjustments are necessary to maintain proper balance in all trunk and equipment groups.002.02G Local access line service furnished by means of line concentrators or subscriber carrier equipment at a given exchange shall be substantially equivalent to that furnished other subscribers at that exchange served by means of normal physical loops.002.02H Each exchange carrier shall continually review its operations to assure that the access line service provided is adequate.002.02I No exchange carrier shall engage in any practice, including blocking, choking, reducing, or otherwise restricting telecommunications traffic to particular locations in an unjust or unreasonable manner, that has the effect of degrading service to a particular location, including for purposes of avoiding any applicable rate, charge, or fee. This shall not apply if traffic restriction is caused by a force majeure event that is beyond the reasonable control of the exchange carrier. Each exchange carrier shall be responsible for the acts, omissions, or failures of their officers, agents or other persons acting for or employed by the carrier, acting within the scope of their employment, including but not limited to third parties contracted by carriers to assist in the provision of service.002.03Interruptions of Service002.03A Each exchange carrier shall make all reasonable efforts to prevent interruptions of access line service. When interruptions occur, the exchange carrier shall re-establish access line service with the shortest possible delay consistent with the physical conditions encountered, the available work forces and with normal safety practices.002.03B Each exchange carrier shall keep a record of all access line service interruptions or acute irregularities of access line service whenever reported to it or whenever the duration of a found access line service interruption exceeds twenty-four (24) hours. The record shall include appropriate identification of the customer or access line service affected, the date, time, duration, extent and cause of the interruption. The carrier shall furnish reports to the Commission upon request and shall inform the Commission as soon as possible of any occurrence of an unusual nature which apparently will result in prolonged and serious interruption of access line service to a large number of customers.002.03C In the event the customer's access line service is interrupted other than by the negligence or willful act of the customer and it remains interrupted for a period in excess of twenty-four (24) hours after being reported or found to be interrupted, the carrier shall, upon request, or pursuant to direction of the Commission, refund the pro rata portion of the month's charge for the period of days during which such access line service was interrupted. Provided, however, if access line service is interrupted as the result of widespread disaster, and other than by the negligence or willful act of the exchange carrier, no refund shall be required unless the access line service remains interrupted for a period in excess of seven (7) days. No exchange carrier shall charge or collect any further rates for such service that was affected during the interruption of service. An exchange carrier may, in its discretion, refund such sum without request or Commission direction and for a lesser period of access line interruption. This refund may be accomplished by a credit on a subsequent bill for local exchange service.002.04Trouble Reports002.04A Each exchange carrier shall receive or provide a reasonable means for receipt of customer and/or access line trouble reports daily on a twenty-four (24) hour basis.002.04B Each exchange carrier shall keep a record of trouble reports made by its customers. This record shall include appropriate identification of the customers or access line service affected, the time, date and nature of the report, the action taken, the date and time of trouble clearance or other disposition and the identification of the person making final disposition. The carrier shall furnish reports to the Commission upon request.002.04C It shall be the objective to so maintain access line service that the average rate of all access line trouble reports in an exchange is no greater than six (6) per one hundred (100) access lines per month, based on a six (6) month period. In the event this average trouble rate reaches eight (8) per month, in a particular exchange, it shall be the responsibility of the exchange carrier serving that exchange to develop a plan to improve service in the exchange with the objective being to reduce trouble reports to acceptable levels.002.04D In the case of access line service interruptions, each exchange carrier shall provide repair service daily consistent with the bona fide needs of the customer and the personal safety of exchange carrier personnel.002.05Emergency Operations and Power 002.05A Each exchange carrier shall make reasonable provisions to meet emergencies resulting from failures of lighting or power service, sudden and prolonged increases in local calls or similar emergencies and each exchange carrier shall inform its employees as to procedures to be followed in the event of emergency in order to prevent or mitigate interruption or impairment of access line service.002.05B It is essential that all central offices have reasonably adequate provisions for emergency power. For offices without permanently installed emergency power facilities, there shall be a mobile power unit available which can be delivered on reasonably short notice and which can be readily connected.002.05CEach central office shall contain, as a minimum, three (3) hours of battery reserve.002.06Public Telephone ServiceIn each municipality served by an exchange carrier where public convenience requires it, the exchange carrier shall supply at least one public pay station that will be available to the public on a 24-hour basis. The requirement for this facility may be waived by the Commission for reasons such as: abusive vandalism or damage, excessive cost of maintaining the pay station, or lack of use.
002.07InterceptCentral office equipment shall be equipped to provide adequate operator or recorded announcement intercept to cover changed numbers, vacant numbers and vacant levels.
002.08Maintenance Program002.08A Each exchange carrier shall adopt and pursue an adequate maintenance program, which includes provision for periodic tests, inspections and preventive maintenance for the purpose of insuring rendition of adequate service at all times.002.08B Maintenance shall include keeping all plant and equipment in a good state of repair consistent with safety and adequate service performance. Broken, damaged or deteriorated parts which are no longer serviceable shall be repaired or replaced. Adjustable apparatus and equipment shall be readjusted as necessary when found by preventive routines or fault location tests to be in unsatisfactory operating condition. Electrical faults, such as leakage or poor insulation, noise induction, cross-talk or poor transmission characteristics, shall be corrected to the extent practicable within the design capability of the plant affected.002.08C The maintenance program shall also include definite procedures designed to keep the central office equipment rooms clean and the humidity and temperature at satisfactory levels. These rooms should not ordinarily be used for storage of general supplies nor for a general workshop.002.09Operator Rules002.09A Suitable practices shall be adopted by each exchange carrier concerning the operating methods to be employed by operators with the objective of providing efficient and pleasing service to the customers.002.09B Operators shall be instructed to be courteous, considerate and efficient in the handling of all calls.002.09C All operator handled calls shall be carefully supervised and disconnections made promptly.002.09D If a customer reaches a wrong number on a direct dialed call and notifies the operator, reasonable action shall be taken to make certain that the customer is not charged for the call.002.10TestsEach exchange carrier shall provide or have access to test facilities which will enable it to determine the operating and transmission capabilities of circuit and switching equipment, both for routine maintenance and for fault location.
002.10A Each exchange carrier furnishing access line service, where local measured service is offered, shall provide the necessary facilities, instruments, and equipment for testing its metering and recording equipment.002.10B The over-all accuracy of the test equipment and test procedures shall be sufficient to enable testing of meters and recording equipment within the requirements of these rules.002.10C All meters and/or recording devices used to record data and prepare customer's bills shall be in good mechanical and electrical condition, shall be accurately read and shall not involve approximations.002.10D All meters and/or recording devices shall accurately perform the following 002.10D1 For message rate service, where timing or length of message is not involved, the meter and/or recording device shall show accurately the number of completed messages sent by the access line which it is measuring.002.10D2 For local measured and/or toll service where in addition to recording the number of messages, it is necessary to time and distance-rate the messages, the recording device shall show accurately the number of messages and the chargeable time involved in each message, applicable distance information, and the access line originating the message. 002.10D3 Where the recording equipment provides coded information that is used to automatically prepare customer bills, accurate interpretation of such coded information is required.002.10E Every billing meter and/or recording device shall be tested for accuracy, when put into service, either by the exchange carrier or a qualified organization.002.10F All meters and/or recording devices tested in accordance with these rules for routine maintenance or pursuant to complaints shall be tested in their normal operating locations and wiring modes prior to removal or adjustment.002.10G Each exchange carrier shall adopt appropriate practices for the routine testing and maintenance of its meters and/or recording devices to assure the integrity of their operation.002.10H Upon request of any customer the exchange carrier shall make a test of any metering and/or recording equipment related to the billing in question provided such request is not made more frequently than once each six (6) months.002.10I Any customer, by written application to the Commission, may have a test of metering and/or recording equipment conducted by the exchange carrier in the presence of a representative of the Commission for reasonable cause as determined by the Commission.002.10J A record of all metering and/or recording equipment tests and adjustments and data sufficient to allow checking of the results shall be recorded and retained for a period of two (2) years. Such record shall include the identifying number of the meter and/or recording device, its type, the date and kind of test, and the result found in each test.002.11Answering Time ObjectivesEach exchange carrier shall provide equipment designed and engineered on the basis of realistic forecasts of growth, and shall make all reasonable efforts to provide personnel so as to attain the following daily operator answer performance objectives under normal operating conditions
002.11A Where the performance criteria is in terms of the average interval preceding answer, the objective shall be 2.5 seconds for all toll and assistance calls and 6.3 seconds for directory assistance and intercept calls.002.11B Where the performance criteria is in terms of the percentage of calls which are answered within a specified period, the following objectives shall apply002.11B1 Ninety percent (90%) of all toll and assistance operator calls will be answered within ten (10) seconds (equivalent measurements as approved by the Commission may be used).002.11B2 Ninety percent (90%) of repair service calls, calls to the business office and other calls shall be answered within twenty (20) seconds (equivalent measurements as approved by the Commission may be used).002.11C The term "answered" as used in this subsection shall be construed to mean that the operator or exchange carrier representative is ready to render assistance and/or accept information necessary to process the call. An acknowledgment that the customer is waiting on the line shall not constitute an "answered" call.002.11D Answering time studies shall be made by exchange carriers to the extent and frequency necessary to determine compliance with the objectives outlined in this subsection. The exchange carrier shall furnish reports to the Commission upon request.002.12Dial Service ObjectivesSufficient central office capacity and equipment shall be provided to meet the following requirements during the average busy hour-busy season
002.12A Ninety-eight percent (98%) of all calls should receive dial tone within three (3) seconds.002.12B Intraoffice trunks shall be sufficient so that ninety-seven percent (97%) of all correctly dialed intra office calls can be handled without encountering an all trunks busy condition.002.12C Local interoffice trunks in multi-office exchanges shall be provided in sufficient quantities so that ninety-six percent (96%) of all correctly dialed interoffice local calls will not encounter an all trunks busy condition.002.12D Trunks for extended area service shall be provided in sufficient quantities so that at least ninety-five percent (95%) of all correctly dialed calls offered to any trunk group within the local calling area will not encounter an all trunks busy condition.002.13Loop Transmission ObjectivesExchange carriers shall furnish and maintain adequate plant, equipment, and facilities necessary 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 communications.
002.13A Local line loops shall have a loop resistance not exceeding the operating design of the associated central office equipment. Longer loops may be used by employment of long line adapters and amplifiers, or special equipment.002.13B 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. Transmission loss on local access line loops shall not exceed ten (10) db.002.13C The maximum overall transmission loss objective, including the loss of terminating equipment on local interoffice trunks, shall be seven (7) db.002.13D 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 minus ninety (-90) dbm (minus 90 decibels referred to one milliwatt). The maximum noise objective for local access line loops shall be thirty (30) dbrnC.002.13E The maximum power influence or noise-to-ground objective for local access line loops shall be ninety (90) dbrnC.002.13F The minimum loop current objective for local access lines shall be twenty (20) milliamps (ma).002.14Customer-Provided Semi-Public TelephonesCustomer-provided coin or non-coin operated telephone instruments may be connected to semi-public telephone service offered by exchange carriers under the following conditions
002.14A Customer-provided coin or non-coin operated telephones must be registered in compliance with Part 68 of the Federal Communications Commission Registration Program or be connected behind an FCC registered coupler.002.14B The customer shall be responsible for the installation, operation and maintenance of any customer-provided telephones used in connection with this service.002.14C The customer shall be responsible for payment of all exchange carrier charges for this service as well as charges for all toll messages originated or accepted at this type of service.002.14D Customer-provided coin or non-coin operated telephones must have the following operational characteristics002.14D1 Must be able to access the operator at no charge and without using a coin.002.14D2 Must be able to access 911 Emergency Service, where available, at no charge, without using a coin, and, when such instrument can only access 911 Emergency Service by use of a dialing sequence other than 911, must prominently display on such instrument, the appropriate dialing sequence to access 911 Emergency Service, where available. 002.14D3 Must be able to access all interexchange carriers unless the customer is an interexchange carrier in which case access may be limited to that carrier. 002.14D4 Must comply with all applicable federal, state, and local laws and regulations concerning the use of these telephones by disabled persons and the hearing impaired. 002.14D5 Must allow completion of both local and long distance calls from the zero (0) level.002.14E The customer shall cause to be prominently displayed on each customer-provided coin or non-coin operated semi-public telephone the name of the owner of such instrument, the procedure for reporting the service difficulties and obtaining customer refunds, and the percentage or range of percentages by which the cost of long distance service to the vendor is increased to the user of such equipment.
002.14F Customer-provided semi-public telephones must be connected to one-party service and only one such instrument per line is allowed.002.14G Rates for local calls from customer-provided semi-public telephones shall not be regulated by the Commission. Any additional charge for long distance service must be made in accordance with 002.14E preceding.002.15Application for Service002.15A An application or applicants desiring access line service from an exchange carrier may be required to make application in writing. Forms for this purpose shall be supplied by the exchange carrier and should be accompanied by a telephone number the exchange carrier can call during normal business hours to reach the applicant and complete the application.002.15B Each exchange carrier shall keep a record of held applications by exchange, showing the name and address of each applicant for service, the date of application, the date service is desired, the class and grade of service applied for, together with the reasons for the inability to provide the new service or higher grade of service to the applicant. The exchange carrier shall furnish reports to the Commission upon request.002.16Refusal of Service and Disconnection002.16A Access line service may be refused or disconnected for any of the following reasons 002.16A1 Without notice in the event of customer use of equipment in such a manner as to adversely affect the access line service to others.002.16A2 Without notice in the event of tampering with the equipment furnished and owned by the exchange carrier.002.16A3 For violation of or non-compliance with the Commission's regulations governing access line service supplied by exchange carriers or for violation of or non-compliance with the exchange carrier's tariff on file with the Commission.002.16A4 Failure to pay for services rendered subsequent to proper notice.002.16A5 Request for service or delinquency in payment for service at an indebted household, unless a customer in the indebted household to whom service is provided and billed has made prompt payment for such service. Rule and Regulation No. 121; October 27, 1993002.16B The following shall not constitute sufficient cause for refusal of access line service to a present or prospective customer 002.16B1 Delinquency in payment for service by a previous occupant, other than a member of the same household, of the premises to be served.002.16B2 Failure to pay directory advertising charges or other unregulated charges.002.16B3 Failure to pay for operator service provider charges billed by the local exchange carrier if the charge exceeds that of AT&T Communications of the Midwest.002.16B4 Failure to pay for 900, 960 or 976 calls disputed by the customer.002.17Customer Billing 002.17A Bills to customers shall be prompt and accurate, rendered regularly consistent with the carrier's tariff and shall contain a clear listing of all charges. An itemized listing of the services being subscribed to and their monthly rates, written or upon request of the customer, electronic, where available, shall be provided as a part of the initial bill or when service is ordered and subsequently upon reasonable request of the customer. No carrier shall impose interest or late payment fees for delinquent payment less than twenty (20) days from the date of billing. 002.17A1 "Prompt and accurate" billing shall mean that any charges for telecommunications services shall not be older than one hundred and eighty (180) days prior to the date of the first monthly billing statement or invoice that reflects such charges. The requirement of prompt billing shall not operate to curtail the rights of any telecommunications provider to collect payment for telecommunications services rendered and timely billed, and shall not operate to curtail the rights of any telecommunications provider to bill and collect for services obtained by fraud or other misconduct on the part of the customer regardless of when such bills are first submitted. 002.17B Billing Adjustments: For all billing adjustments resulting in a charge to the customer, a carrier must offer a reasonable amount of time for payment.002.17C If a dispute between the customer and the exchange carrier occurs regarding any bill, an investigation will be made and the results given to the customer. During the investigation, disconnection of service will not occur provided the balance of the bill not in dispute is paid. If the investigation does prove the disputed billing is correct under the regulations of the Commission, and the customer still will not pay the amount due, the exchange carrier may then disconnect service. The customer, or the exchange carrier, may make application to the Commission for review. Their decision will be final, subject only to legal redress as the parties involved may choose to exercise. The Commission may prohibit such disconnection pending judicial review of the dispute.002.18Information 002.18A Each exchange 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.002.18B Each exchange carrier shall provide or make provisions, through tariffs, for directory assistance and information regarding customers not listed in their locally published directory, provided, however, the number of a customer who has requested that his number not be made available to the public need not be disclosed.002.18C Each exchange carrier shall provide or make provisions through tariffs, customer line verification in emergencies where possible.002.19Rules Governing Credit and Deposits002.19A Rules filed under Section 002.21G governing the establishment of credit by customers for the payment of service bills shall be subject to the following provisions 002.19A1 The amount of deposit required shall not normally exceed the bill for two (2) month's service plus estimated toll charges for two (2) months. An increase in the deposit amount may be requested if increased usage or additional services warrants it.002.19A2 Deposits shall bear simple interest at the minimum rate of seven percent (7%) per annum. No interest need be paid on deposits held less than thirty (30) days.002.19A3 In the case of residential service the deposit shall be refunded upon request of the customer after twelve (12) consecutive months of prompt payment and refunded voluntarily after twenty-four (24) consecutive months of prompt payment.002.19A4 In the case of business service, the deposits shall be refunded after thirty-six (36) consecutive months of prompt payment.002.19A5 Deposits may be refunded sooner at the exchange carrier's option.002.19A6 New and existing residential customers may be allowed to pay deposits or requests for increases in existing deposits in installments over a period of at least three (3) months.002.19A7 Each exchange carrier holding customer deposits shall render to each depositor, when such customer's deposit is applied to an unpaid bill, a statement showing the bill then due and unpaid, the amount of the deposit, together with the interest accrued thereon and the period covered thereby, and the balance due or remaining to the credit of the depositor.002.19A8 Each exchange carrier holding customer deposits shall render to each depositor, when and as such deposit is refunded, a statement showing the amount of the deposit, together with the amount of unpaid interest accrued thereon to the date of refund and the period covered thereby.002.19A9 For purposes of establishing a refund date when deposits are paid on an installment plan, the date will be the day of receipt of the final installment.002.19A10 Each exchange carrier holding deposits shall issue to every subscriber from whom a deposit may be exacted, a receipt of which a record shall remain in the possession of the exchange carrier.002.19A11 Records shall be kept by each exchange carrier showing, with respect to each deposit, the account telephone number, the name of the customer making the deposit, the address of each depositor, if known, the date of receipt of the deposit and the amount of the deposit. These deposit records shall include deductions representing sums due and unpaid to the carrier, when the depositor ceased to be a customer and the date thereof, together with such other information as any such carrier may deem necessary to make a complete record of each deposit. 002.19B Guarantors shall be accepted in lieu of deposits subject to the following 002.19B1 The guarantor shall be satisfactory to the exchange carrier.002.19B2 The guarantor shall guarantee the payment of all specific charges for access line facilities and service covered on the date the guarantee arrangement is entered into. The guarantor's liability shall not exceed the amount otherwise required as a deposit by the exchange carrier from the customer.002.19B3 The guarantor's obligation shall cease002.19B3a Upon the customer discontinuing service, or002.19B3b After twelve (12) consecutive months of prompt payment, or002.19B3c After ten (10) business days written notice by the guarantor to the exchange carrier, the customer would be subject to suspension of service unless a security deposit is received before the date the guarantor's obligation ceases.002.19B4 The exchange carrier shall have six (6) months, from the date a guarantor's obligation ceases, in which to accumulate charges incurred prior to such date for which the guarantor may be obligated.002.19B5 The exchange carrier shall provide written notification to the guarantor verifying date guarantor's obligation ceases.002.19C The exchange carrier may request an existing customer for a deposit or guarantee or an increase in a deposit or guarantee only if increased usage warrants such request or where the customer's payment record is not satisfactory.002.19D Where the customer's business is of a hazardous or temporary nature, the exchange carrier may bill such customer on other than a monthly basis with a corresponding adjustment in the deposit or guarantee requirement.002.20Complaint Handling ProceduresCustomers' complaints about access line service, deposit requests, or other service or billing problems shall first be made to the exchange carrier. The carrier shall allow complaints to be accepted and processed in a simple manner and form. Every complaint shall be promptly investigated in a fair manner and the results reported to the complainant. If the report of the investigation is made orally, the carrier shall provide the complainant, upon request, the report in writing. If the carrier fails to resolve a complaint to the satisfaction of the complainant, the carrier shall, upon request, inform same of the availability of the Commission to review the carrier's investigation, including the Commission's address and telephone number.
002.20A An exchange carrier shall refrain from suspending or terminating service for non-payment during the pendency of a complaint before the exchange carrier or this Commission or its authorized designee, unless otherwise provided by the Commission or its authorized designee; provided however, that as a condition of continued service during the pendency of such dispute, a customer shall pay the undisputed portions of any bill for service.002.21Tariff to be Filed with the CommissionNo exchange carrier shall offer access line 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
002.21A A list of the exchanges or a separate sheet for each exchange showing the rates and charges for local exchange access line service at those exchanges.002.21B A map or maps of each exchange showing the various rate areas.002.21C Information as to the extended area access line service furnished.002.21D Definitions of classes of access line service.002.21E Rules for extending access line service to new customers indicating what portion of the line extension or the cost thereof will be furnished by the exchange carrier.002.21F Rules governing foreign exchange access line service (where offered) and all other access line service offerings together with the corresponding rates and charges.002.21G Rules governing the establishment or re-establishment of access line service including credit requirements.002.21H Rules governing the procedures followed in disconnecting and reconnecting access line service.002.21I Rules governing the billing procedures and payment requirements.002.22Directories002.22A One exchange alphabetical directory for each access line shall be made available, without charge, to all access line customers. The listings of customers in foreign exchanges to which extended area service is provided shall also be made available to all access line customers. Where such listings are not included in the exchange directory, the exchange carrier shall inform customers how such listings may be obtained. Inclusion of all listings for the calling area within a single volume is recommended.002.22B Directories shall be revised at least annually. Exemption from this requirement may be necessary with an office conversion, or when changed listings and new listings are not sufficient in number to cause serious inconvenience. Such exemption shall be provided upon approval of this Commission. A shorter directory interval may be necessary where the number of changed listings and new listings is abnormally large.002.22C The name of the exchange covered by the directory, month and year issued, and the area code shall appear prominently. If the directory serves more than one exchange, such exchanges shall be listed in the front of the directory.002.22D Each directory shall contain a list of common governmental emergency numbers, a list of extended area service points, and the repair service number; pertinent instructions concerning the use of local and extended area service; and an alphabetical list of all customers, together with their address (unless customer requests address omission) and telephone number. The number of a subscriber who has requested that his number not be made available to the public shall not be listed subject to any existing or future tariffs that may be applicable. The emergency numbers shall appear prominently in the directory either on the inner or outer face of the front cover, or on the first page inside the cover. The opening pages of the directory shall contain a conspicuous notice advising customers that should the carrier fail to satisfactorily resolve service or billing problems, the customer may refer the problem to the Nebraska Public Service Commission, 300 The Atrium, 1200 N Street, Lincoln, NE 68508, telephone number 402-471 -3101.002.22E Upon issuance of a new directory, two copies thereof shall be filed by the exchange carrier with the Commission.002.23Records002.23A All records required by these rules, unless otherwise specified herein, shall be preserved for the period of time specified by the Federal Communications Commission's Records Retention Schedule.002.23B Each exchange carrier shall maintain records of its operations in sufficient detail as is necessary to permit review of its operation to assure the furnishing of adequate service. Such records shall be made available for inspection by the Commission upon request at any time within the period required for the retention of such records.002.23C Where an exchange carrier is operated in conjunction with any other enterprise, suitable records shall be maintained, so that the results of the exchange carrier's regulated operation may be determined within a reasonable time after notice to the exchange carrier by the Commission.002.24Accounting002.24A For purposes of accounting to the Commission, each exchange carrier shall be classified in conformance with the latest FCC rules.002.24B For the purposes of accounting to the Commission, each exchange carrier shall keep its books and records in accordance with the appropriate uniform system of accounts in conformance with the latest FCC rules.002.24C Each exchange carrier shall file an annual report with the Commission on or before April 30 of the succeeding year.002.24D Exchange carriers 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.002.24E Exchange carriers operating in more than one state shall file with the Commission a supplemental annual report with segregation of accounts and miscellaneous statistics for the State of Nebraska on the form prescribed by the Commission.002.24F Exchange 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.002.25Service Area002.25A Each exchange carrier shall file with the Commission a map for each exchange operated in the State of Nebraska. Each map shall show the exchange area of the exchange for which such map is filed. The exchange area shall be enclosed in a solid black line; a service station company area receiving switching service from the exchange shall be enclosed in a dash-dot line; any area within the exchange area boundaries which receives service from another exchange shall be shaded indicating a duplicate service area; section lines, range and township numbers and the names of counties served shall be shown; the map shall be drawn to a scale not less than 1/2 inch per mile; the map shall indicate the revision number, date of issuance, and person who authorized the revision.002.25B Any change in the service area boundary of an exchange which would result in one exchange carrier offering access line service in the exchange area of another exchange carrier or which would result, directly or indirectly, in an increase in rates charged or in a change of service offered in the area affected, shall be valid only after approved by the Commission. Each exchange carrier shall within a reasonable time after a change in its service area boundaries, file a revised map depicting the revised service area of the exchange for which such map is filed.002.25C 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 or from assisting in the settlement of any boundary dispute.002.26 Exchange Boundary Changes 002.26A For purposes of this section, advanced telecommunications capability service means high-speed, broadband telecommunications capability provided by a local exchange carrier that enables users to originate and receive high-quality voice, data, graphics, and video communications using any technology.002.26B Any person may file an application with the Commission to obtain advanced telecommunications capability service furnished by a telecommunications company in the local exchange area adjacent to the local exchange area in which the applicant resides.002.26C The Commission shall serve upon each telecommunications company directly affected by the application a copy of the application. In the event both telecommunications companies directly affected do not consent to the application, a hearing shall be scheduled and notice of the hearing shall be sent to each affected telecommunications company at least thirty (30) days prior to the hearing on the application. 002.26C1 Any telecommunications company directly affected by the application shall, within thirty (30) days of receiving notice pursuant to section 002.26C, notify the Commission in writing whether or not the telecommunications company consents to the application.002.26D If an application for the revision of an exchange service area includes more than one customer in a particular exchange, the Commission shall consider the circumstances of each customer and the impact to the obligations of any affected telecommunications company which has not consented to the application.002.26E Upon the completion of the hearing on such an application made pursuant to section 002.26C, if a hearing is required, the Commission may grant the application, in whole or in part, if the evidence establishes the following 002.26E1 That such applicant is not receiving, and will not within a reasonable time receive, reasonable advanced telecommunications capability service from the telecommunications company which furnishes telecommunications service in the local exchange area in which the applicant resides; 002.26E2 That the revision of the exchange service area required to grant the application is economically sound, will not impair the capability of any telecommunications company affected to serve the remaining subscribers in any affected exchanges, and will not impose an undue and unreasonable technological or engineering burden on any affected telecommunications company; and 002.26E3 That the applicant is willing and, unless waived by the affected telecommunications company, will pay such construction and other costs and rates as are fair and equitable and will reimburse the affected telecommunications company for any undepreciated investment in existing property as determined by the commission. 002.26E4 The amount of any payment by the applicant for construction and other costs associated with providing service to the applicant pursuant to section 002.26E3, may be negotiated between the applicant and the affected telecommunications company.002.26F In the event the Commission lawfully grants an application pursuant to section 002.26E, the telecommunications company ordered to provide the advanced telecommunications capability service shall be issued a certificate of convenience and necessity to serve that area added to its local exchange area by the Commission, if necessary.002.26G The Commission shall set the date when the service granted shall take effect and, in doing so, shall take into consideration any construction or major repair which will be required of the telecommunications company involved.002.26H If the Commission refuses to grant an application made pursuant to section 002.26B, no new application for the same advanced telecommunications capability service shall be filed or shall be considered by the Commission until one year has elapsed after the date of mailing of the Commission order.002.27 Transfer of Ownership of Exchange Carriers of their Properties002.27A No valid sale, assignment or transfer of one or more exchanges can be affected by transfer of the physical properties or the assignment of stock resulting in a change in controlling interest until a joint application requesting such change is approved by the Commission and a certificate of public convenience and necessity or permit as a contract carrier has been issued to the new owner.002.27B No two or more exchange carriers operating as a common carrier shall consolidate their properties, or any part thereof involving an exchange, into a single carrier, nor shall one or more exchange carriers acquire the whole or any part of the properties of another exchange carrier by the purchase of stock, securities or by lease or in any like manner without first filing an application with and receiving from the Commission a certificate of convenience and necessity, providing, however, this rule shall not be construed to apply to purchase and sale transactions in the usual course of business between one exchange carrier and another involving units of property less than a single exchange.002.27C After a public hearing, if the Commission finds that the proposed transfer, consolidation, acquisition or control be of advantage to persons to whom service is to be rendered and in the public interest, it shall thereupon enter an order certifying to that effect, and the applicant or applicants may thereafter proceed to consolidate, acquire or control in the manner and form specified in said application except and unless the Commission otherwise provides.002.28Extended Area Service002.28A No Extended Area Service (EAS) may be discontinued without prior approval of the Commission. All new EAS offerings must be approved by the Commission. 002.28BSurvey Procedure; General Information002.28B1 All exchange carriers subject to the Commission's jurisdiction shall follow the EAS survey procedures set forth in the following sections: Sections 002.27C and 002.27D contain the procedures to be followed to establish EAS and Sections 002.27E and 002.27F contain the procedures to be followed to discontinue EAS.002.28B2 At all stages of this procedure, the information an exchange carrier is required to supply customers shall be brief but sufficient to explain the proposed service to the customers and shall not discourage the customers from completing the survey.002.28B3 Whenever an EAS survey is conducted, the exchange carrier shall mail to each customer account (primary service listing) a letter explaining the purpose of the survey, and a postage-paid, Commission-addressed return ballot on which the customer can indicate a preference. The Commission shall provide the exchange carrier a copy of the survey results within ten (10) days following the last date on which surveys may be returned to the Commission.002.28B3a Customers are permitted one vote per account.002.28B4 The exchange carrier shall provide a copy of the proposed text and format of the customer letter and ballot to the Commission, for its approval.002.28CRequirements for Establishing Extended Area Service (EAS) Studies002.28C1 The initiative for EAS shall be in the form of a petition presented to the Commission with evidence of support indicated by signatures of twenty-five percent (25%), or 750, of the petitioning exchange accounts, whichever is less. If the subscriber has a residential account, the petition must be signed by the subscriber or the subscriber's spouse. In the case of a business account, only a duly authorized agent or representative of the business may sign the petition. Each signer shall include an address and telephone number. The exchange carrier may also inaugurate the initiative for EAS.002.28C2 The exchange carrier shall file a list of customers in the petitioning exchange with the Commission within seven (7) working days of notification by the Commission that a petition has been filed. If the petition meets the above requirements, the Commission will assign a docket number to the EAS request.002.28C3 If the requirements of Section 002.27C1 are fulfilled, the exchange carrier shall conduct a usage study covering the most recent three month available data to determine if a sufficient community of interest exists from the petitioning exchange to the petitioned exchange. There must be an average of five (5) or more calls per customer, per month, and more than fifty percent (50%) of the customers must make at least two (2) calls per month to the petitioned exchange in at least two (2) of the three (3) months studied. The exchange carrier shall file the results of the usage study with the Commission within forty-five (45) days from the date the petition is docketed. If these basic criteria are not met, the request will be dismissed without further action.002.28C4 If the provisions of Section 002.27C3 are met, the exchange carrier shall file proposed rates for EAS and may voluntarily file an OEACP with the Commission within ninety (90) days from the date usage studies are submitted. The proposed rates shall be made a part of the record in the docket. The exchange carrier shall provide evidence supporting the proposed rate, including computations used to develop the proposed rates.002.28C5 The exchange carrier shall hold at least one informational meeting in the exchange where the EAS petition was originated within sixty (60) days from the date the proposed rates are filed. The purpose of the meeting is to inform the petitioners of the proposed rates and to assess the petitioners= interest in receiving EAS, or an OEACP if offered. 002.28C5a The exchange carrier shall publish notice of the time, date, and location of the informational meeting in the local newspaper of the affected exchange(s) at least one (1) week prior to the date of the meeting.002.28C6 Within thirty (30) days from the date of the informational meeting, the Commission shall determine whether a survey for EAS should be mailed to the affected customers. If the Commission determines that EAS is not acceptable, or if the EAS ballot fails, the Commission may require that the voluntarily offered OEACP be offered. 002.28C6a The exchange carrier shall publish the results of the Commission's decision (made pursuant to Section 002.27C6) in the local newspaper of the affected exchange(s). 002.28C7 If the Commission determines an optional enhanced area calling plan is acceptable, the exchange carrier shall establish the service not later than six (6) months from the date of the informational meeting, unless good cause is shown. 002.28C7a A petition for EAS may not be resubmitted for twelve (12) months from the date the OEACP is approved.002.28C8 When a petition fails to pass the tests in Section 002.27C3, the petitioning exchange may not initiate a similar petition for twelve (12) months from the date the petition is dismissed.002.28D Requirements for Customer Survey to Establish Extended Area Service (EAS)002.28D1 If the Commission determines EAS should be offered, the exchange carrier shall conduct a survey of the customers whose rates will be affected if the plan is adopted. The Commission may grant a waiver of this provision upon request from an affected exchange carrier and a showing of good cause.002.28D2 The survey letter shall contain the following items 002.28D2a An explanation of the purpose of the survey;002.28D2b An explanation that only one vote, per account is permitted;002.28D2c Identification of the existing rate, the amount of the rate increase, and the new rate associated with the addition of the proposed EAS;002.28D2d A statement that more than fifty percent (50%) of those voting must vote in favor of the proposal before EAS will be implemented;002.28D2e A statement indicating the proposed date when service would be established which shall not be more than one (1) year from the survey ballot date, unless a delay is granted by the Commission for good cause shown; and002.28D2f The date by which the survey ballot must be returned to be considered, as set by the Commission. Such date shall be not less than thirty (30) days, nor more than sixty (60) days, from the date on which the exchange carrier mails the survey letter. The Commission shall not count the survey ballots for three (3) days following the return date to allow all returned survey ballots to clear the post office.002.28D3 Ballot Return: The postage-paid, Commission-addressed return ballot included with the survey letter should contain the following information 002.28D3a A statement explaining the EAS proposal being voted upon as set out in the survey letter;002.28D3b A place for the customer to indicate a choice of being in favor of, or opposed to, the establishment of EAS; and002.28D3c Lines designated for the customer's signature, telephone number, and date. 002.28D4 If the customers in an exchange vote in favor of EAS to another exchange, but concurrence in EAS is not received from the second exchange, then customers in the first exchange shall be surveyed with new rates for EAS. The same basic survey procedure shall be followed as provided herein, but the survey letter shall also include information concerning lack of concurrence for EAS by the neighboring exchange and that another survey is being undertaken to determine interest in EAS at new rates. If ultimately only one exchange votes in favor of EAS, the subscribers in that exchange shall bear the total cost of the EAS offering. 002.28D5 When a petition fails to pass the requirements of Section 002.27D2d, the exchange carrier or petitioning exchange may not submit a similar petition for twelve (12) months from the date the petition is dismissed.002.28ERequirements for Discontinuing Extended Area Service (EAS)002.28E1 The initiative to discontinue EAS shall be in the form of a petition presented to the Commission with evidence of support indicated by signatures of twenty-five percent (25%), or 750, of the petitioning exchange accounts, whichever is less. If the subscriber has a residential account, the petition must be signed by the subscriber or the subscriber=s spouse. In the case of a business account, only a duly authorized agent or representative of the business may sign the petition. Each signer shall include an address and telephone number. The exchange carrier may also inaugurate the initiative to discontinue EAS.002.28E2 The exchange carrier shall file a list of customers in the petitioning exchange with the Commission within seven (7) working days of notification by the Commission that a petition has been filed. If the petition meets the above requirements, the Commission shall assign a docket number to the request to discontinue EAS. 002.28E3 The exchange carrier shall conduct customer usage, cost, and revenue studies and shall submit the results of such studies to the Commission within ninety (90) days of the docket date. The Commission shall determine the merits of proceeding with a customer survey. 002.28E4 The exchange carrier need not undertake such studies more than once in the twelve (12) month period from the date the petition is dismissed.002.28FRequirements for Customer Survey to Discontinue Extended Area Service (EAS)002.28F1 The survey letter shall contain the following items002.28F1a An explanation of the purpose of the survey;002.28F1b An explanation that only one vote, per account, is permitted;002.28F1c Identification of the existing rate, the amount of the rate decrease, if any, and the new rate associated with the proposed discontinuance of EAS; (Previously Item 2)002.28F1d A statement that more than fifty percent (50%) of those voting must vote in favor of the proposal before EAS will be discontinued;002.28F1e A statement indicating the proposed date when the service would be discontinued, which shall not be more than six (6) months from the survey ballot date; and002.28F1f The date by which the survey ballot must be returned to be considered, as set by the Commission. Such date shall be not less than thirty (30) days, nor more than sixty (60) days, from the date on which the exchange carrier mails the survey letter. The Commission shall not count the ballots for three (3) days following the return date to allow all returned survey ballots to clear the post office.002.28F2 Ballot Return: Along with the survey letter, the exchange carrier shall send each customer in the affected exchange(s) a postage-paid, Commission-addressed return ballot containing the following information 002.28F2a A statement explaining the EAS proposal being voted on as set out in the survey letter;002.28F2b A place for the customer to indicate a choice of being in favor of, or opposed to, the discontinuance of EAS; and002.28F2c Lines designated for the customer's signature, telephone number, and date. 002.28F3 A majority of those voting in each exchange surveyed must vote to discontinue EAS for the service to be withdrawn.002.28F4 The exchange carrier need not conduct a customer survey to discontinue EAS more than once in any twelve (12) month period from the date the petition is dismissed.002.28GExemption: If an exchange carrier offers, in an exchange, an optional enhanced area calling plan acceptable to the Commission, it shall be exempt from the requirements of rule 002.27B in that exchange.002.29Short Term DebtNo exchange carrier whose security issues require the approval of this Commission may issue short term or demand notes or other evidence of indebtedness in any amount exceeding twenty percent (20%) of its total plant in service without prior approval of this Commission.
002.30Application for New Rates or Charges, of Changes in Existing Rates or Charges for Telephone ServiceAn 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 accomplished by proposed tariff sheets setting forth the proposed rates and the appropriate filing fee. In lieu of filing 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.
002.30A The Commission will not approve any increase in rates pursuant to Section 75-128 R.R.S. 1943, as amended unless it finds 002.30A1 The increase is cost-justified and does not reflect future inflationary expectations. Said standard shall be applied subject to the following conditions 002.30A1a Application or tariff filings for rate increases must be based on data submitted for a recently concluded test year or for a test year consisting of at least six (6) months actual experience and not more than six (6) months estimated data to be subject to correction or verification during the course of the proceeding considering the proposed rate increase.002.30A1b Adjustments will be made to test year data to reflect changes in costs occurring during the test year but not reflected in test year data, known and measurable changes in costs occurring within a reasonable time subsequent to the test year. All known decreases in costs, as well as increases will be included in the adjustments made.002.30A1c Adjustments will also be made to eliminate the effects of abnormal or unrepresentative conditions reflected in test year data.002.30A1d Adjustments for changes in test year costs will not be made unless either the changes are subject to definite computation or reasonable estimation, or in exceptional circumstances, a cost adjustment is dictated by overriding considerations of public policy and should be allowed despite difficulties in estimations. In the case of adjustments falling within the latter category, the Commission may require periodic reporting or impose other protective conditions. In no case will an adjustment be made on the general predictions of future increased cost.002.30A2 The increase is the minimum required to assure continued, adequate and safe service or to provide for necessary expansion to meet future requirements. 002.30A2a Where rate increases are sought to cover future costs associated with safety, expansion of service, improvement of service, or environmental or ecological protection, the increases will not be permitted except in instances where the costs qualify as test year adjustments within the scope of 002.29A1(b), (c), and (d) preceding.002.30A3 The increase will achieve minimum rate of return or revenue needed to attract capital at reasonable costs, to maintain the integrity of the utility's investment, and not to impair its credit; such rate of return must also meet all the requirements of the Constitution and statutes of the state of Nebraska and all decisions of the Nebraska Supreme Court with reference to such matters. 002.30A3a In determining an appropriate rate of return, the Commission will consider the capital structure at or near the time the applicant's increased rates will become effective. Costs of various components of capital structure-interest on bonds, dividends on preferred stock, return on common stock-will be computed as of that date. Adjustments generally will be made in the capital structure and in the costs of various types of capital in a number of situations, as, for example, where adjustments are required to reflect new financings which are known to be imminent.002.30A3b The rate of return or operating ratio allowed by the Commission will not reflect expectations of future inflations, but only cost-justified expense increases.002.30A4 The increase takes into account expected and obtainable productivity gains, to the extent that such gains can be measured and verified.002.30A5 This Rule shall not apply to rate increases of utilities if such rate increases are 002.30A5a Intended only to pass on to customers specific payments to municipalities, such as occupation taxes, license taxes, permit or franchise fees, or002.30A5b Which do not increase the utility's aggregate annual revenue by more than one percent.002.30B An Application to increase rates shall include the information set forth below 002.30B1 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.002.30B2 Balance sheet and income statement or, in lieu thereof, a statement of the assets and revenues which constitute the jurisdictional rate base and net earnings statement for the test year and any adjustments thereto.002.30B3 The latest available certified audit report.002.30B4 The latest annual report to stockholders.002.30B5 A summary of trouble reports showing by exchange for the most recent twelve (12) month period for which such information is available, the monthly average incidence of customer access line trouble per one hundred (100) access lines.002.30B6 A summary of monthly answering time study results for the most recent twelve (12) month period for which such information is available.002.31Exemption From Rate RegulationExchange carriers which serve less than five thousand (5,000) subscribers shall not be subject to rate regulation by the Nebraska Public Service Commission pursuant to Section 75-609 R.R.S. 1943, as amended, unless
002.31A Exchange carriers eligible for exemption may elect to be regulated. If prior to any proposed rate change its Board of Directors votes to be subject to regulation, a copy of the resolution shall be filed with the application.002.31B If the proposed increase exceeds thirty percent (30%) in any one year for any subscriber's service, the proposed increase shall be subject to Commission rate regulation.002.31C Notice to the Commission shall be in writing over the signature of an officer of the exchange carrier and shall include the present and proposed rates, the effective date of the rate increase, a list of subscribers as of the first day of the month in which the notice is given and a statement that all subscribers have been notified. Notice to all affected subscribers shall be in the following form 002.31C1 Form for Notice of Proposed Rate Change (Date)
Exchange Carrier, Nebraska
NOTICE OF RATE INCREASE
All affected subscribers of the Telephone Company are hereby notified that increased rates will be effective (date) . Present and proposed rates by class of service are as follows:
Class of ServicePresent Proposed
- - -
All affected subscribers are hereby notified that said rates are not subject to approval by the Nebraska Public Service Commission unless petitions signed by five percent (5%) or more of the subscribers are received by the Commission before the effective date shown above. At the present time the company serves ______ affected subscribers. Petitions must be in the following form:
To the Nebraska Public Service Commission:
The undersigned subscribers of the _________ Telephone Company do hereby petition the Nebraska Public Service Commission to determine rates in lieu of those proposed by the telephone company.
DateSubscriber's SignatureTelephone No.
- - -
Each signature shall be dated and shall be that of the subscriber or the subscriber's spouse. If a business, the name shall be included with the signature of an officer or agent. The subscriber's telephone number shall be shown. If an unlisted number, "unlisted" may be shown. Each petition may be signed by one or more subscribers and shall be sent to the Nebraska Public Service Commission, 300 The Atrium, 1200 N Street, Lincoln, NE 68508.
002.31D The foregoing notice to subscribers may exclude the instructions concerning petitions if such information is published in the company's telephone directory and the notice contains reference thereto.002.31E The effective date of any rate increase proposed by an exchange carrier exempt from rate regulation shall not fall on a Saturday, Sunday, legal holiday or the day immediately following any of the above. Exchange carriers will be notified by the Commission by telephone as soon as petitions are filed, with a confirmation by letter, and shall likewise be notified by the effective date if fewer than five percent (5%) of the subcribers have submitted petitions.002.31F If at any time the Commission receives petitions signed by fifty-one percent (51%) or more of an exchange carrier's subscribers requesting regulation, the Commission shall declare the company subject to rate regulation.002.31F1 Petitions shall be in the following form: To the Nebraska Public Service Commission:
The undersigned subscribers of the_______________ Telephone Company hereby petition the Nebraska Public Service Commission to declare that the company shall be subject to rate regulation.
DateSubscriber's SignatureTelephone No.
- - -
Each signature shall be dated and shall be that of the subscriber or the subscriber's spouse. If a business, the name shall be included with the signature of an officer or agent. The subscriber's telephone number shall be shown. If unlisted, "unlisted" may be shown. Each petition may be signed by one or more subscribers and shall be sent to the Nebraska Public Service Commission, 300 The Atrium, 1200 N Street, Lincoln, NE 68508.
002.31F2 Upon receipt of said petitions, the Commission shall notify the exchange carrier and shall obtain a list of current subscribers.002.31F3 Companies subject to rate regulation by virtue of petitions by fifty-one percent (51%) of their subscribers may be exempted from regulation upon the filing with the Commission of petitions signed by fifty-one percent (51%) of the subscribers requesting deregulation in like form as previously set forth in this section.002.31F4 When any proposed rate increase is subjected to Commission regulation, whether by petition or otherwise, a proper application shall be filed with the Commission and all provisions of the Commission's Rules and Regulations as to applications shall apply.002.32Rate RegulationPursuant to Section 86-803 R.R.S. 1943, as amended, telecommunications companies shall not be subject to basic local exchange service rate regulation by the Nebraska Public Service Commission, except as follows:
002.32A A telecommunications company may file an application with the Commission requesting the Commission to prescribe fair and reasonable rates for the company.002.32B Except as provided in Section 75-609.01 R.R.S. 1943, as amended and Commission Rule 002.30, the Commission may on its own motion review basic local exchange rates of any telecommunications company if the company has increased such rates for its local service area by more than 10% within any consecutive 12-month period.002.32C The Commission shall review a telecommunications company's basic local exchange rates if a valid petition is filed with the Commission within sixty days from the date notice is sent to affected subscribers and is signed by: 002.32C1 5% of all affected subscribers if the company has up to 50,000 access lines in service.002.32C2 3% of all affected subscribers if the company has 50,000 but not more than 250,000, access lines in service.002.32C3 2% of all affected subscribers if the company has more than 250,000 access lines in service.002.33Notice of Rate ChangeAll subscribers shall be notified in writing of any change in the monthly basic local exchange rates sixty days prior to the effective date. A notice of this change shall include but not be limited to:
002.33A The reasons for the rate increase002.33B A description of the affected service002.33C An explanation of the right of the subscriber to petition the commission for a public hearing on the rate increase002.33D A list of exchanges which are affected by the proposed rate increase002.33E The dates, times, and places for the public informational meetings required by this section.002.33F A statement of the number of affected subscribers served and the number and percentage of signatures required for a hearing to be held, and002.33G A statement that the complaint must be signed by the subscriber or subscriber's spouse, be dated and include a telephone number. If a business subscriber, the name of the business with a signature of an officer or an agent. The subscriber's telephone number should be shown to aid in verifying the subscriber. If an unlisted number, "unlisted" may be shown.002.34Local Exchange Service Petition NoticeThe notice to subscribers required by subsection (2) of Section 86-803 shall include a statement that a sample petition may be obtained by writing or calling the Nebraska Public Service Commission, 300 The Atrium, 1200 N Street, Lincoln, NE 68508, 402-471 -3101.
002.35Information Meeting(s) At least one informational meeting shall be held in an affected exchange of each Commission district in which an exchange carrier provides basic local exchange service prior to the effective date of the rate increase. The exchange carrier shall explain the proposed rate increases, the reasons for the increases and respond to questions by members of the public. At the exchange carrier's informational meetings, the notice must be made available for the subscribers.
002.36Filing with the CommissionAt the time notice of a rate change is sent to the subscribers, a copy of the notice shall be filed with the Commission along with a list of current subscribers.
002.37Effective DateSufficient notice shall be given prior to the effective date of a rate increase by an exchange carrier so that if the sixtieth day following the notice falls on a Saturday, Sunday, or legal holiday the notice period shall be extended to the next business day.
002.38Notify and Validate The Commission shall validate the required number of petitions necessary to trigger a hearing and shall not be required to validate all petitions received. Notification shall be made to the exchange carrier by the effective date if fewer than the required subscribers submitted valid petitions. Upon receipt of the required number of valid subscriber petitions, the Commission shall notify the telecommunications company.
002.39Valid Petition SignaturesEach signature shall be dated and if a residential subscriber, be that of the subscriber or the subscriber's spouse. If a business subscriber, the name of the business shall be included with the signature of an officer or agent. Only one signature per business subscriber or per residential subscriber will be counted. The subscriber's telephone number shall be shown to aid in verifying the subscriber. If an unlisted number, "unlisted" may be shown. Each formal complaint may be signed by one or more subscribers and shall be sent to the Nebraska Public Service Commission, 300 The Atrium, 1200 "N" Street, Lincoln, NE 68508.
002.40Suspended Rates and ChargesIf a proper complaint is presented to the Commission within sixty days from the date notice of the rate change was sent to subscribers, the Commission shall accept and file the complaint, and, upon proper notice, may suspend the rates and charges at issue during the pendency of the proceedings and reinstate the rates and charges previously in effect. The exchange carrier shall be notified in writing as to the time and place of a hearing to review the rates.
002.41Burden of Proof In a complaint proceeding pursuant to a rate change, the applicant for a rate change has the burden of going forward with presentation of evidence unless otherwise ordered by the Commission.
002.42Review by the CommissionIf a proper complaint is presented to the Commission under Nebraska Revised Statute ' 86-803 (1986 Supp) the Commission may, within sixty days after close of the hearing, enter an order adjusting the basic local exchange rates and charges at issue, except that the commission may not set any rate or charge below the actual cost of providing such service as established by the evidence received at the hearing.
002.43Actual CostThe phrase actual cost as used in Section 86-803 (1986 Supp.) shall mean those costs that are attributable to the provision of basic local exchange service. These costs may include, but shall not be limited to, a telecommunications company's cost for the local distribution facilities, the applicable central office equipment, billing and collecting, directory listing, intercept service and usage on the local switched network if usage is included in the flat monthly charge for basic local exchange service. Such cost may include cost of money as well as expenses specified by the Uniform System of Accounts such as depreciation, all applicable taxes, operating expenses and directly attributable administrative expenses. A telecommunications company may establish these costs at a hearing through one of the following cost studies adjusted to reflect expected future changes: a long-run incremental cost study, a fully allocated separations cost study, or any other cost study acceptable to the Commission. No matter which study a telecommunications company elects to use, it shall also include within actual cost a ratable portion of administrative expenses and overhead incurred by the telecommunications company in its operations and any appropriate amortization of previously deferred accounting costs. A telecommunications company shall make available to the Commission all workpapers, analyses and data used to prepare the cost study. This definition is only for the purposes of Section 86-803 (1986 Supp.) and the rules pertaining to that section.
002.44Order of Presenting EvidenceAt evidentiary hearings upon basic local exchange rates the telecommunications company changing its rates shall open and close the presentation of evidence. The Hearing Officer may direct departures from the foregoing order of procedure for efficiency and justice.
002.45ServiceThe Commission shall retain quality of service regulation over the services provided by all telecommunications companies and shall investigate and resolve subscriber complaints concerning quality of telecommunications service, subscriber deposits, and disconnection of service.
002.45A At a hearing affecting basic local exchange rates, the Commission may consider testimony regarding service presented by an affected subscriber, the commission staff or the telecommunications company.002.45B The Commission may by order in accordance with the Commission's rules and regulations render its decision granting or denying service relief as is reasonable based on the evidence presented to the commission at the hearing. Any such order of the commission may be enforced against any telecommunications company as provided in Sections 75-140 to 75-145 and may be appealed.002.46Notice of a Change in a Rate List other than for Basic Local Exchange ServiceAny change in a rate list under Nebraska Revised Statute ' 86-803(1)(1986 Supp.) shall be effective after ten days notice to the Commission.
002.47Effective Notice to CustomersIn 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
002.47A Publication in a statewide or local newspaper in the area.002.47B Included in the latest bill.002.47C Separate letters notifying customers of increases.002.48Statement 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.
002.49Blocking of 900, 960, 976Each local exchange company shall, where facilities are available and only upon request by the subscriber, on an individual numbering plan area (NPA) basis or NXX basis, provide blocking of the following two options:
(1) all 900 NPA, 960 and 976 NXX numbers; (2) all 960 and 976 NXX numbers. Such blocking shall be provided without interruption of other services. Any cost associated with the initial blocking shall not be billed separately to the subscriber.002.50 Certification and Permitting of Competitive Local Exchange Carrier (CLEC) 002.50A Certificate of Authority or Permit Required: Except as provided by Neb. Rev. Stat. ' 86-805 (Reissue 1999) or other applicable statutes, no person, firm, partnership, limited liability company, joint venture, corporation, cooperative, or association (hereinafter, applicant) shall offer any telecommunications service as defined by the Telecommunications Act of 1996, 47 U.S.C. '151 et. seq. (the Act) or shall construct new telecommunications facilities in this state outside of the applicant's certificated or permitted service area, as defined in these rules, for the purpose of providing any telecommunications service without first making an application for, and receiving from the Commission, a certificate of authority as a telecommunications common carrier or a permit as a telecommunications contract carrier after due notice and, when required, a hearing, as provided under the rules and regulations of the Commission.002.50B Standards for Granting Certification or Obtaining a Permit: Before granting a certificate of authority for an applicant as a telecommunications common carrier or a permit for a telecommunications contract carrier pursuant to Rule 002.49A, the applicant shall bear the burden of demonstrating and the Commission shall find: 002.50B1 The applicant's provision of competitive local exchange telecommunications services in the territory in which the applicant proposes to offer such service (the certificated service area) is consistent with the public interest. For purposes of this section, public interest shall include, but not be limited to 002.50B1a Preserving and advancing universal service;002.50B1b Protecting the public safety and welfare;002.50B1c Ensuring the continuous quality of telecommunications services within such territory; and,002.50B1d Safeguarding the rights of consumers.002.50B2 The applicant has sufficient financial resources to provide competitive local exchange telecommunications service in the proposed certificated or permitted service area;002.50B3 The applicant has sufficient technical competency to provide competitive local exchange telecommunications service in the proposed certificated or permitted service area;002.50B4 The applicant has sufficient managerial resources to provide competitive local exchange telecommunications service in the proposed certificated or permitted service area; and,002.50B5 The applicant has satisfactorily provided all of the information required by the Commission in its application.002.50C Information Required for CLEC Applications: Applications for a certificate or permit authorizing any applicant to offer and provide local exchange telecommunications services shall: (1) be submitted in writing; (2) be subscribed to under oath by a duly authorized official of the applicant who possesses full power and authority to make binding representations on applicant's behalf; and, (3) be accompanied by the filing fee established pursuant to Rules of Commission Procedure, Section 025. Such application shall also include the following information002.50C1 To the extent pertinent to applicant's form of organization 002.50C1a A certified copy of applicant's Articles of Incorporation with all amendments, if any.002.50C1b If applicant is a foreign corporation, a copy of its Certificate of Authority to transact business in the state of Nebraska.002.50C1c If applicant is a partnership or a limited partnership, a copy of applicant's Articles of Partnership or Limited Partnership Agreement with all amendments, if any.002.50C1d If applicant is a joint venture, a copy of applicant's Joint Venture Agreement with all amendments, if any.002.50C1e If applicant is a proprietorship, the name and business address of all proprietors.002.50C1f If applicant is a limited liability company, a copy of applicant's Articles or Certificate of Organization and Operating Agreement with all amendments, if any, and if applicant is a foreign liability company, a copy of its Certificate of Authority to transact business in the state of Nebraska.002.50C2 The names, telephone numbers, and business addresses of each of applicant's officers, directors, general and limited partners, joint venture members or managers;002.50C3 The names and business addresses of each of applicant's shareholders having a beneficial interest in 5% or more of applicant's voting securities;002.50C4 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;002.50C5 A listing of each state in which the applicant has applied for certification or a permit to provide telecommunication services; the date each pending application was filed; and the disposition of all applications;002.50C6 A detailed description of each docketed formal complaint or other investigatory or enforcement proceeding involving the business operations of applicant or any of its officers, directors, principals, partners, proprietors, shareholders, members or managers 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;002.50C7 A detailed description of the services the applicant proposes to offer in Nebraska, an indication of whether the applicant intends to offer these services as a common carrier or contract carrier, whether advance payments and/or deposits will be required;002.50C8 A description of the geographic areas within which such services will be offered;002.50C9 A description of applicant's technical support staff, training and/or experience of personnel pertinent to its Nebraska local service operations should be provided together with such information as applicant deems appropriate which will allow the Commission to make an assessment of the technical competency of such staff; 002.50C10 A copy of applicant's last three annual financial statements to include a balance sheet, profit and loss statement, and evidence of adequate financing, together with applicant's most recent interim financial statements, certified by an independent certified public accountant. 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 ((GAAP(). For purposes of determining evidence of adequate financing, the following minimum criteria shall be met 002.50C10a A minimum positive capitalization of $200,000. Capitalization shall include all components of equity and total long and short-term 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;002.50C10b 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 current liabilities. 002.50C11 A copy of the latest annual report of applicant, if available;002.50C12 The name and business address of applicant's attorney, resident agent, or other representative to whom all communications regarding the application should be directed;002.50C13 The name and business address of the resident agent and person to contact concerning customer complaints;002.50C14 A copy of the certificates or permits the applicant holds in the State of Nebraska authorizing the applicant to provide telecommunications services other than local exchange services;002.50C15 The method or methods by which the applicant proposes to provide local exchange service;002.50C16 Information concerning the applicant's plans to provide directory assistance and operator assistance services;002.50C17 Information concerning the provision of emergency 911 services;002.50C18 Information concerning the provision of Telephone Relay Service; and,002.50C19 A statement that the applicant agrees to adhere to all state laws and all Commission policies, rules, and orders. 002.50C20 A sample tariff which describes the services to be offered and which contains proposed rates, tolls, rentals, charges, classifications and rules and regulations.002.50D Performance Bonds002.50D1 The Commission may, if it finds that such action is in the public interest, require an applicant, as a condition precedent to granting a certificate or permit authorizing the offering of local exchange telecommunications services, to file with the Commission a bond in such sum as the Commission may require. Such bond shall be filed with the State of Nebraska and be for the benefit of: 002.50D1a Other telecommunications companies providing access to the local exchange networks for the applicant.002.50D1b All customers of the applicant. 002.50D2 The minimum bond should be sufficient to protect any advances or deposits the telecommunications company may collect from its customers.002.50D3 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 with the Department of Insurance of the State of Nebraska authorizing it to execute the same.002.51 In addition to information otherwise provided to or filed with the Commission, any incumbent local exchange carrier (ILEC) that provides service in the same service territory or exchange as a competitive local exchange carrier (CLEC) with which it is affiliated shall file with the Commission information specified by this rule.002.51A An ILEC shall file with the Commission all commercial agreements between the ILEC and its affiliated CLEC as they are made.002.51A1 For the purposes of this rule, commercial agreements includes but is not limited to, agreements not otherwise included in and filed with the interconnection agreement between the ILEC and its affiliated CLEC.002.51A2 For the purposes of this section, it will be sufficient if the ILEC files such agreements not later than thirty (30) days from the date such agreements are signed.002.51B An ILEC shall file with the Commission, on an annual basis, commencing April 30, 2006, the number of resale access lines provided by the ILEC to its affiliated CLEC.002.52 No incumbent local exchange carrier (ILEC) that provides service in the same service territory or exchange as a competitive local exchange carrier (CLEC) with which it is affiliated may engage in discriminatory practices to the favor of its affiliated CLEC.291 Neb. Admin. Code, ch. 5, § 002