Chapter 409. Rules Governing the Sharing or Resale of Local Exchange Service (Shared Tenant Service)
20VAC5-409-10. Shared tenant service permissible.
A. The tariffs of Virginia local exchange companies shall not prohibit any persons from subscribing to local exchange business telecommunications services and facilities and privately reoffering those communication services and facilities to persons or entities occupying buildings or facilities that are within specifically identified contiguous property areas (even if the contiguous area is intersected by public thoroughfares or rights-of-way) and are either: (i) under common ownership, which is either the same owners, common general partners, or common principal equity investor; or (ii) within a common development which is either an office or commercial complex, a shopping center, an apartment or condominium or cooperative complex, an airport, a hotel or motel, a college or university, or a complex consisting of mixed uses of the types described above, but not to include residential subdivisions consisting of single-family detached dwellings.
B. Such private reoffering shall be referred to as "shared tenant service."
Statutory Authority
§ 12.1-13 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 4, eff. October 17, 2001.
20VAC5-409-20. Applicability.
A. This chapter shall apply only to those shared tenant service systems sharing more than 16 access lines or more than 32 stations.
B. Sharing of smaller systems shall not be prohibited by local exchange companies and shall be governed by joint user tariffs where in effect.
Statutory Authority
§ 12.1-13 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 4, eff. October 17, 2001.
20VAC5-409-30. Waiver of requirements.
A. To the extent that a shared tenant service system would not meet the requirements of 20VAC5-409-10, the person or persons desiring to provide the shared tenant service system shall have the right to petition the commission to obtain a waiver of 20VAC5-409-10.
B. Notice of this waiver petition shall be given to local exchange telephone companies serving the area proposed to be affected by the proposal and to other persons as may be designated by the commission.
C. The commission may grant a waiver petition upon finding that the public interest would be served.
Statutory Authority
§ 12.1-13 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 4, eff. October 17, 2001.
20VAC5-409-40. Local exchange carrier obligations.
A. Local exchange companies providing service to shared tenant service providers may charge for the resale of local business service based upon the number of calls to the extent permitted by the terms of § 56-241.2 of the Code of Virginia.
B. Nothing in this chapter shall be construed to authorize or to preclude treatment by local exchange companies of shared tenant service providers as a separate class of customers for the purpose of establishing rates and regulations of service.
C. Where tariffs providing for charges based on the number of calls are not in effect at the time service is applied for, local exchange companies shall provide service to shared tenant service providers for the resale of local business service at the flat rates that apply to other business PBX (Private Branch Exchange) customers.
Statutory Authority
§ 12.1-13 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 4, eff. October 17, 2001.
20VAC5-409-50. Shared tenant service provider obligations.
A. Shared tenant service shall not be offered to the general public other than the offering of properly tariffed coin service.
B. Providers of shared tenant service are business customers. On behalf of their residential and business end users, such providers may subscribe to residential and business directory listings, respectively, at the rates established for such additional listings by the local exchange carrier.
C. Providers of shared tenant service need not partition switches to allocate trunks among tenants or subscribers.
D. Shared tenant service providers receiving service under joint user tariffs of local exchange companies as of October 7, 1986, may continue to receive such joint user service at existing locations as long as each location remains with that same provider.
Statutory Authority
§ 12.1-13 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 4, eff. October 17, 2001.
20VAC5-409-60. Right to request and right to serve.
A. Local exchange companies shall have both the right and the obligation to serve any requesting subscriber located within their certificated service territory.
B. Any end user within a shared tenant service building or facility has the right to subscribe to service directly from the certificated local exchange carrier.
Statutory Authority
§ 12.1-13 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 4, eff. October 17, 2001.
20VAC5-409-70. Rates and charges.
All rates and charges in connection with shared tenant service, and all repairs and rearrangements behind the minimum point of entry of the local exchange carrier's facilities or behind the interface between company owned and customer owned equipment and including the shared tenant service provider's switch, will be the responsibility of the person owning or controlling the facilities behind the minimum point of entry or interface and are not regulated by the State Corporation Commission.
Statutory Authority
§ 12.1-13 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 4, eff. October 17, 2001.