Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 296 - SELECTION OF PRIMARY INTEREXCHANGE AND LOCAL EXCHANGE CARRIERS › Section 407-296-5 - Liability and Reimbursement Procedures for an Unauthorized Change

Current through 2024-29, July 17, 2024
A.
Carrier Liability
In addition to other penalties provided by law, a submitting
				  telecommunications carrier who initiates an unauthorized change shall be liable
				  to the customer's authorized carrier in an amount equal to charges paid to the
				  unauthorized telecommunications carrier by such customer after such violation,
				  as well as for additional amounts as prescribed in this section. The
				  unauthorized carrier shall also be liable to the customer for any charge
				  required to return the customer to his or her authorized carrier.
B.
Customer
				Liability
1.
Charges
				Incurred Within 30 Days Of Unauthorized Change Where the Customer Has Not Paid
				Charges to the Unauthorized Carrier
. Any customer whose preferred
				telecommunications carrier is changed without authorization verified in
				accordance with section 3(B)is absolved of liability for charges imposed by the
				unauthorized carrier for service provided during the first 30 days after the
				unauthorized change if the customer has not already paid charges to the
				authorized carrier. Upon being informed by a customer that an unauthorized
				change has occurred, the authorized carrier, the unauthorized carrier, and the
				executing carrier shall inform the customer of this 30-day absolution
				period.
2.
Charges
				Incurred Beyond 30 Days Of Unauthorized Change
Where
				the Customer Has Not Paid Charges to the Unauthorized Carrier
. Any
				charges imposed by the unauthorized carrier on the customer after this 30-day
				period shall be paid by the customer to the authorized carrier at the rates the
				customer was paying to the authorized carrier at the time of the unauthorized
				change. Upon the customer's return to the authorized carrier, the customer
				shall forward to the authorized carrier a copy of any bill that contains
				charges imposed by the unauthorized carrier after the 30-day period of
				absolution. The authorized carrier may re-rate charges incurred subsequent to
				the 30-day absolution period to reflect its own rates and the customer shall be
				liable for paying such re-rated charges to the authorized carrier. The
				authorized carrier may also absolve the customer of the entire bill if in the
				authorized carrier's judgment the revenue to be recovered from the customer is
				less than the cost of re-rating the charges.
3.
Customer Has Paid Charges to
				Unauthorized Carrier
. If the customer has already paid charges to
				the unauthorized carrier, and the authorized carrier recovers such charges as
				provided in section 5(A), the authorized carrier shall refund or credit to the
				customer any charges recovered from the unauthorized carrier in excess of what
				the customer would have paid the authorized carrier for the same service had
				the unauthorized change not occurred, in accordance with the procedures set
				forth in this section.