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Virginia Administrative Code
Title 20. Public Utilities And Telecommunications
Agency 5. State Corporation Commission
Chapter 423. Rules Governing the Discontinuance of Local Exchange Telecommunications Services Provided by Competitive Local Exchange Carriers
11/21/2024

20VAC5-423-80. Duties of ILECs.

A. An ILEC shall not, for nonpayment of charges by the CLEC to the ILEC, disconnect services provided to a CLEC that could reasonably be expected to result in disconnection of the CLEC's customers without notification to the commission.

B. An ILEC proposing to disconnect a CLEC's resale customers shall file, if there is no pending proceeding commenced by the CLEC under this chapter, notification with the commission at least 60 days prior to the proposed date of disconnection. The ILEC shall provide a copy of this notification to the CLEC. The notification to the commission shall provide:

1. The number of CLEC resale customers to be disconnected and the proposed disconnection date;

2. The amount claimed to be owed to the ILEC by the CLEC, including the identification of any disputed amounts;

3. A description of any efforts that the ILEC and the CLEC have taken to prevent disconnection or disruption of service to the CLEC's customers;

4. Any proposal to notify or transfer the CLEC's resale customers to the ILEC or to other carriers; and

5. Copies of any written disconnection notice or notices sent to the CLEC.

C. An ILEC proposing to disconnect other service offerings (e.g., UNEs) to a CLEC shall file, if there is no pending proceeding commenced by the CLEC under this chapter, notification with the commission at least 60 days prior to the proposed date of disconnection. The ILEC shall provide a copy of this notification to the CLEC. The notification to the commission shall provide:

1. If available, a description and quantification of the service offerings to the CLEC to be disconnected;

2. The amount claimed to be owed by the CLEC to the ILEC, including the identification of any disputed amounts;

3. A description of any efforts that the ILEC and the CLEC have taken to prevent disconnection or disruption of service to the CLEC's customers; and

4. Copies of any written disconnection notice or notices sent to the CLEC.

D. The ILEC shall make every effort to assist in the expedient and timely transfer of any customer of a CLEC that is discontinuing local exchange telecommunications services to that customer's new carrier. To prevent the disruption of service to customers in such circumstances, the ILEC shall be required to implement expedited ordering procedures for the customer's new CLEC to follow.

E. The ILEC shall notify the Division of Communications within three business days of any notice of proposed suspension or disconnection of service sent to a CLEC.

Statutory Authority

§ 12.1-13 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 14, eff. March 6, 2002.

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