Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 289 - REQUIREMENTS AND TERMS FOR BUNDLED SERVICES OFFERED BY INCUMBENT LOCAL EXCHANGE CARRIERS › Section 407-289-17 - WAIVER

Current through 2024-29, July 17, 2024
A.
General waiver
. Upon the
				request of any person subject to this Chapter or upon its own motion, the
				Commission may, for good cause, waive any requirement of this Chapter that is
				not required by statute. The waiver may not be inconsistent with the purposes
				of this Chapter or Title 35-A. The Commission, the Director of the Consumer
				Assistance Division, or the Hearing Examiner assigned to a proceeding related
				to this Chapter may grant the waiver.
B.
Individual customer exemption
1.
Request requirements
. An ILEC
				may request that the Consumer Assistance Division grant an exemption from any
				provision of this Chapter in any case involving an individual customer whose
				conduct and known financial condition pose a clear danger of substantial losses
				to the ILEC. A request for exemption under this section must be made to the
				Consumer Assistance Division. The request may be written or oral, but an oral
				request must be followed promptly by a written confirmation. The written
				request or confirmation must include a detailed statement of the facts alleged
				by the ILEC in support of the request. The ILEC shall immediately notify, in
				writing, the individual customer whose service would be affected by the
				proposed exemption, describing the nature and effect of the exemption requested
				and the facts alleged in support of the request.
2.
Consumer Assistance Division
				investigation
. The Consumer Assistance Division may reject, without
				investigation, any request that does not present facts that satisfy the
				standard of section
				1 above. Before granting any
				exemption, the Consumer Assistance Division shall informally investigate the
				matter.
3.
Decision
.
				When the Consumer Assistance Division completes its investigation or summarily
				rejects the request, it shall issue a decision granting, denying, or granting
				in part the requested exemption. When the Consumer Assistance Division
				determines that an exemption is required to avoid a clear danger of substantial
				losses to the ILEC, it shall notify the customer and the ILEC of the decision.
				The notification may be made orally, but the Consumer Assistance Division shall
				promptly issue a written confirmation of the decision. The decision or written
				confirmation shall:
a. describe the nature and
				effect of the exemption;
b. explain
				why the exemption was granted or denied; and
c. inform the customer and the ILEC of the
				right to appeal the Consumer Assistance Division's decision to the Commission,
				as provided in section
				4 below.
4.
Appeal to Commission
. By
				following the procedures in section
				13(F), a party may
				appeal a decision by the Consumer Assistance Division granting or denying, in
				whole or in part, a request for an exemption. If the Consumer Assistance
				Division grants an exemption, the ILEC may not act on the exemption until the
				appeal period expires.