CHAPTER 17 – PROVISION OF LOCAL EXCHANGE AND EXCHANGE ACCESS COMPETITION

R17-01 Definitions

The following words and terms, when used in these rules, shall have the following meanings unless the context clearly indicates otherwise:

(a) Basic Local Exchange Service. -- The telephone service comprised of an access line, dialtone, the availability of touchtone, and usage provided to the premises of residential customers or business customers within a local exchange area.

(b) Certificate. -- A certificate of public convenience and necessity to provide local exchange and/or exchange access service as a public utility as defined in G.S. 62-3(23)a.6.

(d) Competing Local Provider or CLP. -- Any person applying for or granted a certificate to provide local exchange or exchange access services in competition with a local exchange company.

(e) Exchange Access Service. -- Switched or special access service provided by a LEC or CLP to a customer which facilitates a connection between an end-user and an interexchange carrier.

(f) FCC – The Federal Communications Commission.

(g) Local Exchange Service Area. -- The geographic area within which a CLP or LEC is authorized to provide local exchange or exchange access service.

(h) Local Exchange Company or LEC. -- Any person, holding on January 1, 1995, a certificate to provide local exchange services or exchange access services, excluding telephone membership corporations.

(i) Local Exchange Service. -- Switched service offered by a CLP or LEC, without the payment of long distance charges; or dedicated service connecting two or more points within an exchange as defined on an exchange service area map of a LEC or CLP.

(j) Notice -- A document filed with the Commission pursuant to Rule R17-8 which includes the following: (1) The name, address of the principal headquarters, and telephone and facsimile numbers for each of the parties to the Section 214 License Transfer or Pro forma Transaction and any changes in the Name and Contacts information provided in the non-dominant CLP's original Competing Local Provider Application; (2) A statement setting forth a description of the Section 214 License Transfer or Pro forma Transaction; (3) A copy of the application for a domestic Section 214 License Transfer, or in the case of a Pro forma Transaction the notification letter, filed with the FCC; and (4) A copy of the FCC's Public Notice of the Section 214 License Transfer or Pro forma Transaction.

(k) Number Portability. -- The technical capability to allow customers to retain their telephone numbers when they change providers of local exchange service but do not change locations.

(l) Prepaid local exchange service. -- Local exchange service for which payment is typically required in advance. Prepaid service usually does not allow the customer to dial or use local or long distance directory assistance or operator services, to place long distance calls through standard dialing patterns (including 1+ and 0+ calls), or to place calls to the expanded local calling areas using standard dialing patterns.

(m) Pro forma Transaction – Any corporate restructuring, reorganization or liquidation of internal business operations that does not result in a change in ultimate ownership or control of the carrier's lines or authorization to operate.

(n) Section 214 License Transfer – A transfer of control of lines or authorization to operate pursuant to section 214 of the Communications Act of 1934 subject to the streamlining procedures for domestic transfer of control applications in 47 C.F.R. § 63.03.

(o) Universal Service. -- The provision of affordable basic local exchange service, part of which may be subsidized through a universal service fund.

(p) USDOJ – The United States Department of Justice.

(NCUC Docket No. P-100, Sub 133, 7/19/95; 2/23/96; 3/5/96; 9/21/00; NCUC Docket No. P-100, Sub 163, 8/24/06; 8/28/06.)