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 407-293-4 - ABANDONMENT OF ALL SERVICE AND TERMINATION OF AUTHORITY WHEN A COMPETITIVE TELECOMMUNICATIONS CARRIER HAS NO CUSTOMERS

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 all customers or that
				it requests the Commission to terminate its authority to provide service and it
				states that it has no local or intrastate interexchange customers in Maine, no
				approval by the Commission is required except as provided in Section
				4(B). The abandonment
				of service and termination of authority to provide service 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.
Exceptions
1.
Pending Proceedings
. If any
				Commission proceedings or consumer complaints before the Consumer Assistance
				Division are pending against the competitive telecommunications carrier, the
				Commission must approve the abandonment of service and termination of
				authority. No approval will be granted until the proceedings are final and the
				complaints are resolved and the competitive telecommunications 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. Nothing in this
				subparagraph prohibits the Commission from temporarily or permanently
				terminating the authority of a competitive telecommunications 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, but upon
				investigation or inquiry to the carrier 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 and this Chapter, the carrier must
				obtain approval from the Commission to abandon service and for termination of
				its authority, notwithstanding Section
				4(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 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
				competitive telecommunications carrier to provide service as permitted by
				law.
3.
Money Owed to
				Commission or to Funds Administered by the Commission
. The
				Administrative Director, in consultation with the Director of Finance, shall
				determine whether the competitive telecommunications carrier seeking
				termination of its authority to provide service has failed to pay any
				assessments from the Commission, including those pursuant to
				 35-A M.R.S.A.
				§116, from the Maine Universal Service
				Fund pursuant to
				 35-A M.R.S.A.
				§7104 and Chapter 288 of the
				Commission's Rules, and from the Maine Telecommunications Education Access Fund
				pursuant to
				 35-A M.R.S.A.
				§7104-B. If the carrier owes money to
				the Commission or to either of the Funds, the Administrative Director shall
				notify the Commission, which shall decide whether to delay the termination of
				authority and approval of abandonment of service until after the collection of
				any outstanding amounts.