KRS 278.542: Effect of KRS 278.541 to 278.544 on commission's jurisdiction -- Filing by

telephone utilities required.

(1) Nothing in KRS 278.541 to 278.544 shall affect the commission's jurisdiction with

respect to:

(a) Any agreement or arrangement between or among ILECs;

(b) Any agreement or arrangement between or among ILECs and other local

exchange carriers;

(c) Consumer complaints as to compliance with basic local exchange service

obligations, and the quality of basic voice-grade service transmission for basic

and nonbasic services, consistent with accepted industry standards for

telecommunications services;

(d) The 911 emergency service as set forth in KRS 65.750 to 65.760 or wireless

enhanced emergency 911 systems as set forth in KRS 65.7621 to 65.7643;

(e) Accuracy of billing for telecommunications services, in accordance with the

truth-in-billing regulations prescribed by the Federal Communications

Commission;

(f) Assessments as set forth in KRS 278.130, 278.140, and 278.150;

(g) Unauthorized change of tele communications providers or "slamming" under

KRS 278.535;

(h) Billing of telecommunications services not ordered by or on behalf of the

consumer or "cramming" to the extent that such services do not comply with

the truth -in-billing regulations prescribed b y the Federal Communications

Commission;

(i) The federal Universal Service Fund and Lifeline Services Program and any

Kentucky state counterpart;

(j) Any special telephone service programs as set forth in KRS 278.547 to

278.5499;

(k) Tariffs, except as expressly provided for in KRS 278.541 to 278.544;

(l) Setting objectives for performance as to basic local exchange service; except

that the objectives shall not exceed existing commission standards or

associated penalties as of July 12, 2006;

(m) Prohibiting price differences among retail telecommunications customers to

the extent that such differences are attributable to race, creed, color, religion,

sex, or national origin; or

(n) Ensuring that a telephone utility furnishes safe, adequate, and reasonable basic

local exchange service to customers within that utility's service area.

(2) Telephone utilities operating pursuant to KRS 278.541 to 278.544 shall file with the

commission a form containing:

(a) The complete name of the telephone utility;

(b) The physical address of its principal office; and

(c) The name, title, and telephone number of the person responsible for answering

consumer complaints on behalf of the telephone utility.

(3) No telephone utility shall engage in predatory prici ng as defined by the United

States Supreme Court in Brooke Group Ltd. v. Brown & Williamson Tobacco

Corp., 509 U.S. 209 (1993).

(4) Nothing in KRS 278.541 to 278.544 shall affect the alternative regulation process

for small telephone utilities as set forth in KRS 278.516.