Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 230 - INSTALLATION, MAINTENANCE AND OWNERSHIP OF CUSTOMER PREMISES WIRE › Section 407-230-5 - Maintenance of Customer Premises Wire

Current through 2024-29, July 17, 2024
A.
Disaggregation of Maintenance Charges from Basic Rates.
The
				customer or premises owner has the financial responsibility for maintenance of
				customer premises wire. Charges for the maintenance of customer premises wire
				that have been included in the basic exchange rate shall be disaggregated from
				the basic exchange rate, which shall be correspondingly reduced. Charges for
				optional maintenance performed by the local exchange carrier shall be as
				provided in subsections C and D.
B.
Maintenance by Customers or Premises Owners.
A customer or the
				premises owner, or a third party hired by a customer or premises owner, may
				maintain or repair customer premises wire, including customer premises wire
				that was installed by local exchange carrier. Maintenance performed by the
				customer shall comply with any reasonable notice to the carrier and testing
				requirements and with any applicable technical specifications. Customers or
				third parties hired by customers shall not be permitted access to the
				protector.
C.
Maintenance by
				the Local Exchange Carrier.
Each local exchange carrier that offers
				services for the maintenance of customer premises wire at per-visit or a time
				and materials rate shall include those rates in its schedule of rates. The rate
				may be the same as that provided in the carrier's schedule of rates for other
				premises work. The-rate established by an incumbent local exchange carrier that
				is subject to rate-of-return regulation shall be based on cost. The rate
				established by an incumbent local exchange carrier that is subject to an
				alternative form of regulation (as defined in 35-A M.R.S.A. §§9101-03
				) or by a competitive local exchange carrier shall be set at no less than
				cost.
D.
Installation of
				Network Interface Device at Time of Diagnosis or Maintenance.
When a
				local exchange carrier, upon the request of a customer, performs any diagnosis
				at the customer's premises to determine the location or nature of a problem, or
				performs maintenance at the customer's premises, including any service
				performed on the carrier's side of the demarcation point, and there is no
				network interface device at the premises, the carrier shall not charge for the
				diagnostic service and shall install a network interface device at no charge to
				the customer. Pursuant to Section
				4, this section, and its own terms and
				conditions, the local exchange carrier shall charge for maintenance or
				installation of new customer premises wire, if the customer requests those
				services. If the terms and conditions of the local exchange carrier are
				inconsistent with the requirements of this paragraph, the carrier shall file a
				revision to its terms and conditions to comply with this subsection within 60
				days of the effective date of this subsection.
E.
Optional Wire Maintenance
				Plans.
1.
Participation.
No local exchange carrier is required to offer an optional
				  wire maintenance plan. If a local exchange carrier does offer an optional wire
				  maintenance plan, a customer shall be a participant in the plan only if that
				  customer has positively indicated a desire to participate.
2.
Exclusions.
A local exchange
				carrier in its terms and conditions may required that customer-installed
				premises wire must meet company or National Electric Code specifications in
				order to be covered by the optional wire maintenance plan or may impose other
				reasonable conditions or exclusions of coverage. All such requirements or
				exclusions shall be stated in the local exchange carrier's terms and conditions
				approved by the Commission. For any such requirement or exclusion, a telephone
				utility shall provide prominent written notice of the requirement or exclusion
				to each subscriber prior to the time of subscription or within 30 days
				thereafter. The contents of the notice shall be included in the local exchange
				carrier's terms and conditions approved by the Commission.
3.
Inapplicability of Requirements or
				Exclusions.
No requirements or exclusion described in paragraph 2 shall
				apply if (a) the requirement is not contained in the local exchange carrier's
				approved terms and conditions; (b) the contents of the notice of the
				requirement or exclusion is not contained in the local exchange carrier's
				approved terms and conditions; or (c) the local exchange carrier failed to
				provide notice to the customer in compliance with the requirements of paragraph
				2. In any dispute concerning whether prominent written notice was reasonable or
				was provided, the telephone utility offering the plan shall have the burden of
				proof.