SECTION 165:55-5-1. Tariffs and/or Terms of Service required

(a)   Except as provided in this Subchapter, a telecommunications service provider or IXC shall charge for the provisioning of regulated telecommunications services to its end-users only the rates and charges contained in its tariffs on file with and approved by the Commission or Terms of Service. No deviation from a tariff or Terms of Service shall be permitted, except as permitted by OAC 165:55-5-10.3 or unless otherwise authorized by the Commission. The provisions of each telecommunications service provider's or IXC's filed tariff and/or Terms of Service are binding upon the telecommunications service provider, IXC and the end-user as to the rates and charges for service and the terms and conditions of service. Notwithstanding the foregoing and OAC 165:55-3-3, neither a telecommunications service provider nor an IXC shall be required to file a written tariff with the Commission for any service except payphone access services, E911/911 access services, or switched access services.

(b)   A telecommunications service provider or an IXC which has a written tariff on file with the Commission may withdraw the tariff, except for payphone access services, E911/911 services, or switched access services if the telecommunications service provider or IXC:

(1)   provides written notice to the Director of Public Utility Division and the Attorney General, that it is withdrawing the tariff,

(2)   posts the Terms of Service, and

(3)   provides the Commission with the web page information where the language is posted.

(c)   The Commission maintains the same authority to review the Terms of Service, of a telecommunications service provider or IXC, as permitted by OAC 165:55-5-10.

(d)   All tariff revisions shall be deemed approved by the Commission on the day following the day the tariff revision is submitted to the Commission. Revisions to the Terms of Service on a telecommunications service provider's or IXC's website will become effective on the day following the day the revision is posted on the website, or as otherwise indicated on the website.

(e)   A data-only provider, with a CCN granted exclusively for the purpose of seeking reimbursement from the OUSF under 17 O.S. § 139.109.1(B)(4), shall maintain an informational tariff with current terms, conditions and rates applicable to the Special Universal Services it provides. Any modifications to the data-only provider's terms, conditions or rates, shall be submitted to the Director of Public Utility Division prior to the effective date of such modifications.

[Source: Amended at 13 Ok Reg 2437, eff 7-1-96; Amended at 29 Ok Reg 1549, eff 7-12-12; Added at 33 Ok Reg 645, eff 8-25-16; Amended at 34 Ok Reg 989, eff 9-11-17]