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 407-293-6 - ABANDONMENT OF ALL SERVICE TO A CUSTOMER CLASS BY A COMPETITIVE TELECOMMUNICATIONS CARRIER THAT HAS NO CUSTOMERS IN THAT CLASS

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 customer class (e.g., residential or business
				customers) and that it has no local or intrastate interexchange customers in
				that class or category, no approval by the Commission is required except as
				provided in Section
				6(C). The abandonment
				of 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.
Changes to Rate
				Schedules
. With the notice provided to the Commission pursuant to
				Section
				6(A), the competitive
				telecommunications carrier shall file any necessary changes to its rate
				schedules that will remove or modify the rates and terms and conditions for any
				services that are no longer available to the applicable customer class. The
				proposed changes shall bear a proposed effective date that is the same as the
				date of abandonment of service 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 carrier that involve the affected customer
				class, the Commission must approve the abandonment of service. The Commission
				may decide that 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. 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 the competitive
				telecommunications carrier states in its notice to the Commission that it
				presently has no customers in the affected class, 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 class, notwithstanding Section
				6(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, 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.