{"data":{"id":"us-ky/krs-278.5435","jurisdiction":"us-ky","citation":"KRS 278.5435","heading":"Modification of price regulation plan -- Permitted and prohibited","body":"actions -- Jurisdiction of commission  -- Exemptions.\n(1) Notwithstanding any other provision of law, a telephone utility operating under\na price regulation plan pursuant to KRS  278.543 may, at any time after the\nexpiration of the applicable rate cap period set forth in that section, elect to\noperate under the modifications to that plan contained in this section. The\nelection of this modification by the utility shall become  effective upon the filing\nof a notice with the commission. The notice shall identify all exchanges served\nby  the modifying utility which, as of January 1, 2015, contained fifteen\nthousand (15,000) or more housing units based on United States Census data\ncurrent as of January 1, 2015.\n(2) As used in this section:\n(a) \"Basic local exchange  service\" has the same  meaning  as in KRS\n278.541;\n(b) \"Exchange\" means a geographical area established by a telephone utility\nfor the administration of telephone service. An exchange may embrace a\ncity, town, or village and its environs or a portion thereof, and may consist\nof one (1) or more central offices together with the associated plant used\nin furnishing communication services in that area;\n(c) \"IP-enabled service,\" as used in the context of subsection (4)(c) of this\nsection, means  any  service, capability, functionality, or application\nprovided using Internet protocol, or any successor protocol that enables\nan end user to send or receive voice communication, either separately or\nin conjunction with data communication, video communication, or both, in\nInternet protocol format, or any successor format;\n(d) \"Modifying utility\" means  a utility that makes  an election to adopt the\nmodified price regulation plan set out in this section; and\n(e) \"Voice service\" means a retail service provided through any technology or\nservice arrangement that includes the applicable functionalities described\nin 47 C.F.R. sec. 54.101(a).\n(3) In exchanges with fifteen thousand (15,000) or more housing units as of\nJanuary 1, 2015, based on United States Census data current as of January 1,\n2015, and after September 1, 2017, in all exchanges:\n(a) The commission shall not impose any requirements or otherwise regulate\nthe terms, conditions, rates, or availability of any retail service of the\nmodifying utility; and\n(b) For exchanges with fifteen thousand (15,000) or more housing units, the\ntariffs of a modifying utility which are in effect on June 24, 2015, shall\nremain binding until such tariffs are withdrawn by the utility. For all\nexchanges,  the tariffs of a modifying utility which are in effect on\nSeptember  1, 2017, shall remain binding until they are withdrawn by the\nutility.\n(4) (a) The provisions of this subsection shall apply until September 1, 2017, to\nall areas that are not described in subsection (3) of this section and in\nwhich the modifying utility is operating as an incumbent local exchange\ncarrier, as defined in 47 U.S.C. sec. 251(h), as of June 24, 2015.\n(b) In response to a request for service at a location to which the modifying\nutility or any predecessor in interest has not installed landline facilities\nnecessary to provide basic local exchange service, the modifying utility\nshall offer voice service either directly or through an affiliate. The\nmodifying utility is not obligated to offer basic local exchange service at\nthe location. The  commission shall not impose any requirements or\notherwise regulate the terms, conditions, rates, or availability of the voice\nservice.\n(c) 1. In response to all other requests for service, the modifying utility\nmay  offer the requesting customer an IP-enabled service or a\nwireless service either directly or through an affiliate.\n2. If the requesting customer does not order an IP-enabled service or a\nwireless service, the modifying utility, upon request by the customer,\nshall provide basic local exchange service at that location. The\ncommission retains the jurisdiction to enforce this obligation.\n3. If the requesting customer orders an IP-enabled service or a\nwireless service, the modifying utility shall notify the customer in\nwriting that:\na. It is providing service using an IP-enabled service or a wireless\nservice provided by the modifying utility or an affiliate; and\nb. The  customer has sixty (60) days from service initiation to\nnotify the modifying utility in writing that the customer no longer\nwants the service.\n4. If the customer gives written notice within sixty (60) days that the\nservice is no longer wanted, the modifying utility, upon request by\nthe customer, shall provide basic local exchange service at that\nlocation. The commission retains the jurisdiction to enforce this\nobligation.\n5. If the customer does not give written notice that the service is no\nlonger wanted within sixty (60) days, the modifying utility shall offer\nvoice service, either directly or through an affiliate, at the requested\nlocation. The modifying utility shall not be obligated to offer basic\nlocal exchange service at that location. The commission shall not\nimpose  any  requirements or  otherwise regulate the  terms,\nconditions, rates, or availability of the voice service.\n(5) Nothing in this section:\n(a) Shall affect the obligations of a modifying utility under federal law,\nincluding without limitation any obligation to maintain existing voice\nservice  in  compliance  with rules and  orders  of  the  Federal\nCommunications Commission; or\n(b) Diminishes or expands  the commission's jurisdiction over wholesale\nrights, duties, and obligations of carriers or over complaints regarding\nanti-competitive practices under  federal and  state law, including\nsubsequent rules and orders of the Federal Communications Commission\nthat address carrier-to-carrier issues in and applicable to this state.\nUnless otherwise directed by federal law or regulation, carrier-to-carrier\ncomplaints within the commission's jurisdiction shall be resolved by final\ncommission order within one hundred eighty (180) days of the filing of the\ncomplaint.","path":["KRS Chapter 278"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45863","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:30Z","sha256":"1edb1c7c80cab195d2e0f0d810981cf8805bb6dbd10be604045f3a2cccceb60e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-278.543","next":"us-ky/krs-278.544"},"notice":"GroundRules: Original legal text. Not legal advice."}