Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 293 - ABANDONMENT OF SERVICE AND AUTHORITY TO PROVIDE SERVICES AND TRANSFER OF CUSTOMERS BY COMPETITIVE TELECOMMUNCATIONS CARRIERS › Section 407-293-5 - ABANDONMENT OF ALL SERVICE AND TERMINATION OF AUTHORITY FOR A SERVICE CATEGORY BY A COMPETITIVE TELECOMMUNICATIONS CARRIER THAT HAS NO CUSTOMERS IN THAT SERVICE CATEGORY

Current through 2024-29, July 17, 2024
A.
Approval
				Generally Not Required
. If a competitive telecommunications carrier
				provides notice to the Commission that it intends to abandon all service to a
				specific service category (e.g., interexchange service or local exchange
				service) and that it has no local or intrastate interexchange customers in that
				category, no approval by the Commission is required except as provided in
				Section
				5(C). The abandonment
				of service and termination of authority to provide the service category shall
				be effective 7 days after receipt of the notice by the Commission or, if a
				later date is specified in the notice, on that date.
B.
Changes to Rate Schedules
.
				With the notice provided to the Commission pursuant to Section
				5(A), the competitive
				telecommunications carrier shall file any necessary changes to its rate
				schedules that will remove any services that are no longer available. The
				proposed changes shall bear a proposed effective date that is the same as the
				date of abandonment of service and termination of authority and shall become
				effective on that date.
C.
Exceptions
1.
Pending
				Proceedings
. If any Commission proceedings or consumer complaints before
				the Consumer Assistance Division are pending against the competitive
				telecommunications carrier that involve the service category the carrier
				proposes to discontinue, the Commission must approve the abandonment of service
				and partial termination of authority. No approval will be granted until the
				proceedings are final and the complaints are resolved and the carrier has
				complied with the requirements of any orders or decisions issued by the
				Commission or the Consumer Assistance Division. In the alternative, the
				Commission may grant approval, but impose such terms, conditions or
				requirements as are necessary to protect the public interest, provided that
				jurisdiction shall continue over the competitive telecommunications carrier and
				the proceeding. Nothing in this subparagraph prohibits the Commission from
				temporarily terminating the authority of a carrier to provide service as
				permitted by law.
2.
Failure
				to Obtain Previously Required Approval
. If a competitive
				telecommunications carrier states in its notice to the Commission that it
				presently has no customers for the affected service category, but upon
				investigation or inquiry it appears that the carrier previously had customers
				in Maine and terminated those customers on its own initiative without obtaining
				the approval required by
				 35-A M.R.S.A.
				§1104, the carrier must obtain approval
				from the Commission to abandon service to that service category,
				notwithstanding Section
				5(A). Prior to
				granting approval, the Commission may initiate proceedings as permitted by law
				against the carrier for the violation of
				 35-A M.R.S.A.
				§1104. No approval will be granted until
				those proceedings are final and the carrier has complied with the requirements
				of any orders issued by the Commission. In the alternative, the Commission may
				grant approval, but impose such terms, conditions or requirements as are
				necessary to protect the public interest. Nothing in this subparagraph
				prohibits the Commission from temporarily or permanently terminating the
				authority of a carrier to provide service as permitted by law.