Section 278.542 - Effect of KRS 278.541 to 278.544 on commission's jurisdiction - Filing by telephone utilities required(1) Nothing in KRS 278.541 to 278.544 shall affect the commission's jurisdiction with respect to:(a) Any agreement or arrangement between or among ILECs;(b) Any agreement or arrangement between or among ILECs and other local exchange carriers;(c) Consumer complaints as to compliance with basic local exchange service obligations, and the quality of basic voice-grade service transmission for basic and nonbasic services, consistent with accepted industry standards for telecommunications services;(d) The 911 emergency service as set forth in KRS 65.750 to 65.760 or wireless enhanced emergency 911 systems as set forth in KRS 65.7621 to 65.7643;(e) Accuracy of billing for telecommunications services, in accordance with the truth-in-billing regulations prescribed by the Federal Communications Commission;(f) Assessments as set forth in KRS 278.130, 278.140, and 278.150;(g) Unauthorized change of telecommunications providers or "slamming" under KRS 278.535;(h) Billing of telecommunications services not ordered by or on behalf of the consumer or "cramming" to the extent that such services do not comply with the truth-in-billing regulations prescribed by the Federal Communications Commission;(i) The federal Universal Service Fund and Lifeline Services Program and any Kentucky state counterpart;(j) Any special telephone service programs as set forth in KRS 278.547 to 278.5499;(k) Tariffs, except as expressly provided for in KRS 278.541 to 278.544;(l) Setting objectives for performance as to basic local exchange service; except that the objectives shall not exceed existing commission standards or associated penalties as of July 12, 2006;(m) Prohibiting price differences among retail telecommunications customers to the extent that such differences are attributable to race, creed, color, religion, sex, or national origin; or(n) Ensuring that a telephone utility furnishes safe, adequate, and reasonable basic local exchange service to customers within that utility's service area.(2) Telephone utilities operating pursuant to KRS 278.541 to 278.544 shall file with the commission a form containing: (a) The complete name of the telephone utility;(b) The physical address of its principal office; and(c) The name, title, and telephone number of the person responsible for answering consumer complaints on behalf of the telephone utility.(3) No telephone utility shall engage in predatory pricing as defined by the United States Supreme Court in Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209 (1993).(4) Nothing in KRS 278.541 to 278.544 shall affect the alternative regulation process for small telephone utilities as set forth in KRS 278.516.Amended by 2016 Ky. Acts ch. 111,§ 27, eff. 7/14/2016.Effective:7/12/2006
Created 2006, Ky. Acts ch. 239, sec. 2, effective7/12/2006.