Administrative Code

Virginia Administrative Code
Title 20. Public Utilities and Telecommunications
Agency 5. State Corporation Commission
1/23/2020

Chapter 423. Rules Governing the Discontinuance of Local Exchange Telecommunications Services Provided by Competitive Local Exchange Carriers

20VAC5-423-10. Definitions.

The words and terms defined in 20VAC5-400-180 A shall have application to this chapter. In addition, the following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Bankruptcy petition" is the document that initiates a bankruptcy case under Title 11 of the United States Code (11 USC § 101 et seq.) and refers to either Chapter 7 for liquidation or Chapter 11 for reorganization of the debtor. The term includes both voluntary and involuntary bankruptcy petitions.

"Certificate" is the authority granted by the commission to a telephone utility to operate in the state pursuant to § 56-265.4:4 of the Code of Virginia.

"Competitive local exchange carrier" or "CLEC" shall have the same meaning as "new entrant" as defined in accordance with the Rules Governing the Offering of Competitive Local Exchange Telephone Service (20VAC5-400-180 A).

"Discontinuance" is a permanent cessation of telephone operations by a CLEC to its customers or the termination of individual local exchange telecommunications service offerings to its customers.

"Grandfathered customers" means the continuation of service to current customers of a service or feature that has been obsoleted.

"Incumbent local exchange carrier" or "ILEC" shall have the same meaning as "incumbent local exchange telephone company" or "incumbent" as defined in accordance with the Rules Governing the Offering of Competitive Local Exchange Telephone Service (20VAC5-400-180 A).

"Obsolete a service" is the discontinuance of a service or feature to new customers.

"Partial discontinuance" is a permanent cessation or grandfathering of customers of local exchange telecommunications service or services on a geographic basis, by functional type (e.g., resale) or by class (e.g., residential) by a CLEC to its customers.

"Resale" occurs when a CLEC purchases telecommunications services on a wholesale basis from the ILEC and resells those services to its customers.

"Unbundled network element" or "UNE" includes the various physical and functional elements of an ILEC's network offered to CLECs on an unbundled basis as a requirement of the Telecommunications Act of 1996 (47 USC § 251(c)(3)).

Statutory Authority

§ 12.1-13 of the Code of Virginia.

Historical Notes

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

20VAC5-423-20. Requirements for discontinuance.

A. A CLEC intending to cease operations and discontinue the provision of all local exchange telecommunications services in Virginia shall file a formal petition for authority to do so with the commission. The petition shall provide:

1. The number of affected customers, types of service offerings provided, and serving arrangements utilized (e.g., UNE-P, resale, UNE, or facilities-based);

2. A description of customer notification efforts by the CLEC and copies of any written notice or notices sent or proposed to be sent to the CLEC's affected customers;

3. A full explanation of the reasons for the proposed discontinuance of operations, including any plan to transfer the CLEC's customers to other carriers;

4. A request for cancellation of the CLEC's intrastate tariffs; and

5. A request for cancellation of the petitioning CLEC's certificate or certificates to provide local exchange telecommunications services and, if applicable, interexchange telecommunications services upon the approval for discontinuance of the CLEC's local exchange operations. If cancellation of the certificate or certificates is not requested, a concise statement of why the commission should not cancel the certificate or certificates shall be given.

B. Customers shall be provided at least 30 days' written notice of the proposed disconnection of service.

C. At a minimum, customer notice shall include the following information:

1. Proposed date of discontinuance of service;

2. Reason for the proposed discontinuance of service;

3. Any plan to transfer customers to another carrier or carriers;

4. The customer's network information, if applicable (e.g., circuit identification information and carrier facility assignment information); and

5. A toll-free telephone number that customers may call with inquiries prior to the discontinuance of service.

D. The commission shall determine if sufficient notice has been provided to customers and shall prescribe any additional notice requirements it deems necessary.

Statutory Authority

§ 12.1-13 of the Code of Virginia.

Historical Notes

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

20VAC5-423-30. Requirements for partial discontinuance.

A. A CLEC intending to partially discontinue local exchange telecommunications services shall file a formal petition for authority to do so with the commission. The petition shall provide:

1. The number of affected customers and types of service offerings provided, including the number of any customers with term contracts and the term remaining on each;

2. Whether the service or services are being discontinued or made obsolete;

3. A full explanation of the reasons for partial discontinuance of service, including any plans to transfer the CLEC's affected customers to other services or carriers;

4. The proposed tariff revisions with a proposed effective date; and

5. A description of customer notification efforts by the CLEC and copies of any written notice or notices sent or proposed to be sent to the CLEC's affected customers.

B. Customers shall be provided at least 30 days' written notice of the proposed partial discontinuation of service.

C. At a minimum, customer notice shall include the following information:

1. Proposed date of discontinuance of service or proposed date service will be made obsolete and the existing customers grandfathered;

2. Reason for the proposed discontinuance of service or the grandfathering of existing customers;

3. Any plan to transfer customers to another carrier or carriers, or if the service is being made obsolete and the existing customers grandfathered a description of any restrictions pertaining to those customers' ability to retain that service;

4. The customer's network information, if applicable (e.g., circuit identification information and carrier facility assignment information); and

5. A toll-free telephone number that customers may call with inquiries prior to the partial discontinuance.

D. The commission shall determine if sufficient notice has been provided to customers and shall prescribe any additional notice requirements it deems necessary.

Statutory Authority

§ 12.1-13 of the Code of Virginia.

Historical Notes

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

20VAC5-423-40. Requirements to withdraw a tariffed service offering.

A. A CLEC intending to withdraw a tariffed service offering currently provided to existing customers shall file its proposed tariff revisions with the Division of Communications at least 30 days prior to the proposed effective date. In addition, the CLEC shall provide with its proposed tariff revisions the following information:

1. The number of affected customers including the number of any customers with term contracts and the term remaining on each;

2. A description of customer notification efforts by the CLEC and copies of any written notice or notices sent or proposed to be sent to the CLEC's affected customers; and

3. A full explanation of the reasons the CLEC proposes to withdraw the service offering, including a description of any alternative service offerings available from the CLEC.

B. Customers shall be provided at least 30 days' written notice prior to the proposed effective date of the withdrawal of service.

C. At a minimum, customer notice shall include the following information:

1. Proposed date for withdrawal of the service;

2. Reason for the proposed withdrawal of the service;

3. A description of any alternate service offerings available from the CLEC; and

4. A toll-free telephone number that customers may call with inquiries.

D. A CLEC intending to withdraw a tariffed service offering not currently provided to any existing customers shall provide an attestation with its proposed tariff that it has no customers currently subscribing to the service offering.

E. The commission may require a CLEC to obtain approval to withdraw a tariffed service offering filed in accordance with this section if it determines that notice was not adequate or that approval is required to protect the public interest.

F. Authority to withdraw a tariffed service offering under this section does not apply to a service or services that are provided to any customer exclusively through a contract arrangement with the 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.

20VAC5-423-50. Requirements to obsolete a tariffed service offering.

A. A CLEC intending to obsolete a tariffed service offering and to grandfather it to its current customers shall file its proposed tariff revisions with the Division of Communications at least 30 days prior to the proposed effective date. In addition, the CLEC shall provide with its proposed tariff revisions the following information:

1. The number of affected customers, including the number of any customers with term contracts and the term remaining on each;

2. A description of customer notification efforts by the CLEC and copies of any written notice or notices sent or proposed to be sent to the CLEC's affected customers; and

3. A full explanation of the reasons the CLEC proposes to obsolete the service and grandfather the existing customers, including a description of any alternative service offerings available from the CLEC.

B. Existing customers of the service being obsoleted shall be provided at least 30 days' written notice prior to the proposed effective date of the service being made obsolete.

C. At a minimum, customer notice shall include the following information:

1. Proposed date service will be made obsolete;

2. A description of any restrictions on the grandfathered customer's ability to retain the obsoleted service; and

3. A toll-free telephone number that customers may call with inquiries.

D. The commission may require a CLEC to obtain approval to obsolete a tariffed service offering filed in accordance with this section if it determines that notice to customers was not adequate or that approval is required to protect the public interest.

Statutory Authority

§ 12.1-13 of the Code of Virginia.

Historical Notes

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

20VAC5-423-60. Administrative cancellation of certificates.

A CLEC that is found to have ceased providing local exchange telecommunications services to its customers in Virginia without complying with the requirements of 20VAC5-423-20 shall be in violation of this chapter, and each of its operating certificates may be administratively cancelled.

Statutory Authority

§ 12.1-13 of the Code of Virginia.

Historical Notes

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

20VAC5-423-70. Bankruptcy requirements.

A CLEC that is the subject of a bankruptcy petition shall provide to the commission a complete copy of the bankruptcy petition and any reorganization plan filed under Chapter 11 of the Bankruptcy Code. Within seven days of a bankruptcy petition being filed by or against a CLEC or its corporate parent, the CLEC shall provide written notice of such bankruptcy petition to the commission. The written notice shall include the following information and be updated as necessary:

1. Whether the CLEC currently provides service offerings to customers in Virginia and the number of its customers and types of services provided; and

2. The name, address, and telephone number of any trustee in bankruptcy.

Statutory Authority

§ 12.1-13 of the Code of Virginia.

Historical Notes

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

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.

20VAC5-423-90. Commission authority.

The commission may, in its discretion, waive or grant exceptions to any of the provisions of this chapter.

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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