SECTION 165:55-5-11. Type of notices

(a)   Notice. Except with respect to tariffs filed pursuant to OAC 165:55-5-10(b) or where the Commission, by order, directs otherwise, any notice of hearing on an application for approval or amendment of rates or charges for service shall be published once a week for two consecutive weeks in a newspaper(s) of general circulation within the territory served by the telecommunications service provider.

(b)   Notice of tariff revisions and new service offerings by telecommunications service providers. Telecommunications service providers shall serve proposed tariff revisions for switched access, payphone access, or E911/911 services on the Office of the Attorney General at the time of their filing with the Commission, and shall provide a copy of their proposed tariff revisions pursuant to OAC 165:55-5-10 to each IXC and telecommunications service provider that has previously requested in writing to receive such filings. Notice of tariff revisions to E911/911 services shall also be provided to the governing body of each E911/911 Public Safety Answering Point operating in the service territory of the TSP.

(c)   Notice requirements. All entities seeking to interconnect with the ILEC, including CLECs and Wireless providers, shall provide Notice of the Application to be given by mail, electronic mail or personal service to the Attorney General of the State of Oklahoma and each E911 Public Safety Answering Point within the territory of the service area affected by the proposed Agreement. Each governmental entity operating an E911 Public Safety Answering Point that wishes to receive notice of interconnection agreement approvals shall register its contact persons with the Commission.

(d)   Notice of proposed initial tariff. All entities seeking approval of an initial tariff shall serve the file-stamped Application by mail, electronic mail, or personal service to the Oklahoma Attorney General and the Director of the Public Utility Division.

(e)   End-user notice of rate increase. Prior to or concurrent with the effective date of any increased rate to an end-user, each telecommunications service provider or IXC shall provide notice to the Director of the Public Utility Division, the Office of the Attorney General and the affected end-users of the rate increase. The notice shall be provided by any of the following:

(1)   Prominent display on the end-user's bill;

(2)   Direct mailing;

(3)   Prominent display on an insert in the end-user's bill; or

(4)   Any other method approved by the Director of the Public Utility Division.

(f)   Notice of rate increase to the OCC and Attorney General. The notice required by Subsection (d) above to be given to the Director of the Public Utility Division and the Office of the Attorney General shall be given by any of the following:

(1)   Direct mailing or email;

(2)   Through a website posting of all customer notifications and Terms of Service changes; or

(3)   Identification on the website posting of the effective date of the Terms of Service.

(g)   End-user notice of service offering restrictions/limitations. Any restrictions/limitations imposed for "non-voice" minutes of use beyond a maximum identified in the provider's tariff shall be noticed under the following conditions:

(1)   Written notice of the restriction/limitation and clear and concise explanation of when the penalty is imposed will be given to the end-user(s) prior to or concurrent with the initial bill for the service offering which contains the restriction/limitation. The notice will advise the end-users of the exact restriction/limitation and the penalty assessed.

(2)   The notice shall be provided by any of the following:

(A)   Prominent display on the end-user's bill;

(B)   Direct mailing;

(C)   Fulfillment and/or welcome packages;

(D)   Prominent display on an insert in the end-user's bill; or

(E)   Any other method approved by the Director of the Public Utility Division.

(h)   Failure to provide the information required by this Section at the time of filing may result in the proposed tariff revision(s) and/or new service offering(s) being suspended pursuant to OAC 165:55-5-13 and, if suspended, the tariff revision(s) and/or new service offering(s) shall not be placed into effect under any circumstances, until further order of the Commission.

[Source: Amended at 10 Ok Reg 2651, eff 6-25-93; Amended at 13 Ok Reg 2437, eff 7-1-96; Amended at 14 Ok Reg 2847, eff 7-15-97; Amended at 16 Ok Reg 2261, eff 7-1-99; Amended at 17 Ok Reg 19, eff 9-27-99 (emergency); Amended at 17 Ok Reg 2332, eff 7-1-00; Amended at 21 Ok Reg 2101, eff 7-1-04; Amended at 22 Ok Reg 712, eff 7-1-05; Amended at 29 Ok Reg 1549, eff 7-12-12; Amended at 30 Ok Reg 1565, eff 7-11-13; Amended at 32 Ok Reg 828, eff 8-27-15; Added at 33 Ok Reg 645, eff 8-25-16]