Ohio § 4927.11

§ 4927.11.

(A) Except as otherwise provided in this section and section 4927.10 of the Revised Code , an incumbent local exchange carrier shall provide basic local exchange service to

all persons or entities in its service area requesting that service, and that service

shall be provided on a reasonable and nondiscriminatory basis. (B)(1) An incumbent local exchange carrier is not obligated to construct facilities and

provide basic local exchange service, or any other telecommunications service, to

the occupants of multitenant real estate, including, but not limited to, apartments,

condominiums, subdivisions, office buildings, or office parks, if the owner, operator,

or developer of the multitenant real estate does any of the following to the benefit

of any other telecommunications service provider: (a) Permits only one provider of telecommunications service to install the company's

facilities or equipment during the construction or development phase of the multitenant

real estate; (b) Accepts or agrees to accept incentives or rewards that are offered by a telecommunications

service provider to the owner, operator, developer, or occupants of the multitenant

real estate and are contingent on the provision of telecommunications service by that

provider to the occupants, to the exclusion of services provided by other telecommunications

service providers; (c) Collects from the occupants of the multitenant real estate any charges for the provision

of telecommunications service to the occupants, including charges collected through

rents, fees, or dues. (2) A carrier not obligated to construct facilities and provide basic local exchange

service pursuant to division (B)(1) of this section shall notify the public utilities

commission of that fact within one hundred twenty days of receiving knowledge thereof. (3) The commission by rule may establish a process for determining a necessary successor

telephone company to provide service to real estate described in division (B)(1) of

this section when the circumstances described in that division cease to exist. (4) An incumbent local exchange carrier that receives a request from any person or entity

to provide service under the circumstances described in division (B)(1) of this section

shall, within fifteen days of such receipt, provide notice to the person or entity

specifying whether the carrier will provide the requested service.  If the carrier provides notice that it will not serve the person or entity, the

notice shall describe the person's or entity's right to file a complaint with the

commission under section 4927.21 of the Revised Code within thirty days after receipt of the notice.  In resolving any such complaint, the commission's determination shall be limited

to whether any circumstance described in divisions (B)(1)(a) to (c) of this section

exists.  Upon a finding by the commission that such a circumstance exists, the complaint

shall be dismissed.  Upon a finding that such circumstances do not exist, the person's or entity's sole

remedy shall be provision by the carrier of the requested service within a reasonable

time. (C) An incumbent local exchange carrier may apply to the commission for a waiver from

compliance with division (A) of this section.  The application shall include, at a minimum, the reason for the requested waiver,

the number of persons or entities who would be impacted by the waiver, and the alternatives

that would be available to those persons or entities if the waiver were granted.  The incumbent local exchange carrier applying for the waiver shall publish notice

of the waiver application one time in a newspaper of general circulation throughout

the service area identified in the application and shall provide additional notice

to affected persons or entities as required by the commission in rules adopted under

this division.  The commission's rules shall define “affected” for purposes of this division.  The commission shall afford such persons or entities a reasonable opportunity to

comment to the commission on the application.  This opportunity shall include a public hearing conducted in accordance with rules

adopted under this division and conducted in the service area identified in the application.  After a reasonable opportunity to comment has been provided, but not later than

one hundred twenty days after the application is filed, the commission either shall

issue an order granting the waiver if, upon investigation, it finds the waiver to

be just, reasonable, and not contrary to the public interest, and that the applicant

demonstrates a financial hardship or an unusual technical limitation, or shall issue

an order denying the waiver based on a failure to meet those standards and specifying

the reasons for the denial.  The commission shall adopt rules to implement division (C) of this section.