SECTION 165:55-17-5. Obligations of telecommunications service providers to facilitate competition

(a)   General duty of telecommunications service providers. Each telecommunications service provider has the duty:

(1)   To interconnect directly with or indirectly with the facilities and equipment of other telecommunications service providers; and,

(2)   Not to install network features, functions, or capabilities that do not comply with established guidelines and standards.

(b)   Obligations of all telecommunications service providers. Each telecommunications service provider furnishing local exchange services has the following duties:

(1)   Resale. The duty not to prohibit, and not to impose unreasonable or discriminatory conditions or limitations on, the resale of its telecommunications services.

(2)   Number portability. The duty to provide, to the extent technically feasible, number portability in accordance with requirements established by the FCC.

(3)   Dialing parity. The duty to provide dialing parity to competing providers of local exchange and long distance telecommunications services, and the duty to permit all such providers to have nondiscriminatory access to telephone numbers, operator services, directory assistance and directory listings, with no unreasonable dialing delays.

(4)   Access to rights of way. The duty to afford access to the poles, ducts, conduits, and rights-of-way of such telecommunication service provider to competing providers of telecommunications services on rates, terms and conditions that are consistent with existing laws, regulations and contract rights.

(5)   Reciprocal compensation. The duty to establish reciprocal compensation arrangements for the transport and termination of telecommunications services.

(c)   Additional obligations of incumbent LECs. In addition to the obligations described in OAC 165:55-17-5(b), each incumbent LEC and any competitive LEC that is treated as an incumbent LEC pursuant to 47 U.S.C. § 251(h), has the following duties:

(1)   Negotiations. The duty to negotiate in good faith the particular terms and conditions of agreements to fulfill the duties described in this Section. The requesting telecommunications service provider also has the duty to negotiate in good faith the terms and conditions of such agreements.

(2)   Interconnection. The duty to provide, for the facilities and equipment of any requesting telecommunications service provider, interconnection with the incumbent LEC's network as follows:

(A)   For the transmission and routing of telephone exchange service and access service;

(B)   At any technically feasible point within the incumbent LEC's network;

(C)   That is at least equal in quality to that provided by the incumbent LEC to itself or to any subsidiary, affiliate, or any other party to which the incumbent LEC provides interconnection; and,

(D)   On rates, terms, and conditions that are just, reasonable, and nondiscriminatory, in accordance with the terms and conditions of the agreement and requirements of this Section.

(3)   Unbundled access. The duty to provide, to any requesting telecommunications service provider for the provision of telecommunications services, nondiscriminatory access to network elements required by OAC 165:55-17-11 on an unbundled basis and at any technically feasible point on rates, terms, and conditions that are just, reasonable, and nondiscriminatory in accordance with the terms and conditions of the agreement and requirements of this Chapter. An incumbent LEC shall provide such unbundled network elements in a manner that allows requesting telecommunications service providers to combine such elements in order to provide such telecommunications services.

(4)   Resale. The duty to provide resale as follows:

(A)   To offer for resale at wholesale rates any telecommunications service that the incumbent LEC provides at retail to subscribers who are not telecommunications service providers; and,

(B)   Not to prohibit, and not to impose unreasonable or discriminatory conditions or limitations on, the resale of such telecommunications services, except that telecommunications service providers may resell local exchange service only to the same class of customers to which the incumbent LEC sells such services.

(5)   Notice of changes. The duty to provide reasonable public notice of changes in the information necessary for the transmission and routing of services using the incumbent LEC's facilities or networks, as well as of any other changes that would affect the interoperability of such facilities and networks.

(6)   Collocation. The duty to provide, on rates, terms and conditions that are just, reasonable, and nondiscriminatory, for physical collocation of equipment necessary for interconnection or access to unbundled network elements at the premises of the incumbent LEC, except that the incumbent LEC may provide for virtual collocation if the incumbent LEC demonstrates that physical collocation is not practical for technical reasons or because of actual space limitations.

(d)   Exemptions for rural telephone companies. OAC 165:55-17-5(c) shall not apply to a rural telephone company until:

(1)   Such company has received a bona fide request for interconnection, services, or network elements, and,

(2)   The Commission determines that such request is not unduly burdensome, is technically feasible, and is consistent with established universal service principles.

(A)   Termination of exemption. In order to terminate the exemption of a rural telephone company, the following must occur:

(i)   The telecommunications service provider making a bona fide request of a rural telephone company for interconnection, services, or network elements shall submit a notice of its request to the Commission.

(ii)   The Commission shall conduct an inquiry for the purpose of determining whether to terminate the exemption under this subsection.

(B)   Limitation on exemption. The exemption provided by this subsection shall not apply to a request under OAC 165:55-17-5(c) from a cable operator providing video programming, and seeking to provide any telecommunications service, in the area in which the rural telephone company begins providing video programming after February 8, 1996.

(e)   Suspensions and modifications for rural telephone companies. An incumbent LEC with fewer than two percent (2%) of the end-user lines installed in the aggregate within the United States may apply to the Commission for suspension or modification of any requirement of OAC 165:55-17-5(b) or OAC 165:55-17-5(c) applicable to network facilities specified in such application. The Commission will grant such application to the extent that, and for such duration as, the Commission determines that such suspension or modification:

(1)   Is necessary to:

(A)   Avoid a significant adverse economic impact on users of telecommunications services generally;

(B)   Avoid imposing a requirement that is unduly economically burdensome; or,

(C)   Avoid imposing a requirement that is technically infeasible; and,

(2)   Is consistent with the public interest, convenience and necessity.

(f)   Time for Commission review. The Commission will issue an Order regarding any application:

(1)   For termination of an exemption, pursuant to OAC 165:55-17-5(d), within one hundred twenty (120) days after the Commission receives notice of the request:

(A)   The Commission shall terminate the exemption if the request is:

(i)   Not unduly economically burdensome;

(ii)   Is technically feasible; and,

(iii)   Is consistent with established universal service principles.

(B)   Upon termination of the exemption, the Commission will establish an implementation schedule for compliance with the request.

(2)   For a suspension or modification of OAC 165:55-17-5(b) or OAC 165:55-17-5(c), within one hundred eighty (180) days after receiving such application.

(g)   Failure to act on a bona fide request. Any telecommunications service provider that makes a bona fide request for services or network elements to another telecommunications service provider, but fails to begin the necessary steps to introduce competition in the requested exchange(s) or zone(s) within twelve (12) months after satisfactory unbundling and/or interconnection agreements have been approved by the Commission, shall be liable for the reasonable expenses incurred by the requested telecommunications service provider.

(h)   Each TSP shall have the duty to comply with 47 U.S.C. §251 and §252 and 17 O.S. §139.101 et seq.

[Source: Added at 13 Ok Reg 2437, eff 7-1-96; Amended at 32 Ok Reg 828, eff 8-27-15]