Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 880 - ATTACHMENTS TO JOINT-USE UTILITY POLES; DETERMINATION AND ALLOCATION OF COSTS; PROCEDURE › Section 407-880-3 - APPROVAL OF ATTACHING ENTITIES

Current through 2024-29, July 17, 2024
Any prospective attaching entity that is not attached to any
				  joint-use utility poles in Maine prior to the effective date of this Chapter
				  must obtain a Pole Attachment License from the Commission prior to attaching to
				  any joint-use utility pole in Maine.
A.
Application Requirements for
				Attaching Entities.
1.
Evidence
				of Financial Capability.
All applications by attaching entities must include the
				  entity's most recent financial disclosures. If an attaching entity does not
				  make financial disclosures, it must include the most recent financial
				  disclosures of its corporate parent. If the applicant is a newly formed entity
				  that is not part of another organization, the Commission may accept other
				  documentation to demonstrate financial capability.
2.
Evidence of Technical
				Capability.
All applications by attaching entities must include a
				  description of the entity's applicable industry experience, including the
				  experience, if any, of the corporate parent of the attaching entity, and the
				  experience of the individuals that will be responsible for the provision of
				  service in Maine. Industry experience includes the telecommunications industry,
				  electricity industry, pole attachments, and other experience related to pole
				  attachments.
3.
Authorization to Conduct Business in Maine.
All applications by attaching entities must include evidence
				  that demonstrates that the entity is authorized to conduct business in
				  Maine.
4.
Application
				Information.
An applicant must provide the following information:
a. Legal name and name(s) under which the
				attaching entity does or will do business in Maine;
b. Business street and mailing
				address;
c. Location and mailing
				address of any office available to the general public or Maine customers of the
				attaching entity;
d. Contact
				person, address, e-mail and telephone number for regulatory matters;
e. A list of all jurisdictions in which the
				attaching entity or any affiliated interest of the attaching entity is engaged
				or has been engaged in deploying pole attachments;
f. Whether the attaching entity or affiliated
				interest of the attaching entity has filed for bankruptcy within the past six
				years;
g. A copy of the documents
				which demonstrate the type of organization of the attaching entity (sole
				proprietor, corporation, partnership, association, or other business
				form);
h. The state(s) in which the
				attaching entity is incorporated or otherwise registered or licensed to do
				business and a copy of its registration or license number, where applicable;
				and
i. The name, business address,
				and title of each officer and director, partner, or other similar officer.
5.
Commission
				Review.
The Commission will review applications and may request
				  additional information. The Commission will issue a license, deny the
				  application, or initiate a formal investigation of the application within 30
				  calendar days of the submission of a complete application. If the Commission
				  requires additional time for the initial review, the Administrative Director,
				  the Director of Telephone and Water Industries, the Director of Consumer
				  Assistance, or the Presiding Officer assigned to a proceeding related to this
				  Chapter may extend the review period for an additional 30 calendar days. In the
				  event the Commission initiates a formal investigation, it must provide notice
				  to interested persons.
6.
Issuance Criteria.
The Commission will issue a license unless it finds that the
				  attaching entity has not complied with all applicable licensing requirements of
				  this Chapter, that the attaching entity does not have the financial and
				  technical capability to conduct its business, or that sufficient reason exists
				  to conclude that issuance of a license is not in the public interest.
7.
Term of License.
Licenses are valid until revoked by the Commission or
				  abandoned by the attaching entity.
8.
Transfer of License.
A license cannot be transferred without prior Commission
				  approval. A request for transfer of a license must be in writing accompanied by
				  a completed license application from the transferee.
9.
Abandonment of License.
A licensee cannot abandon service without providing at least
				  30 calendar days written notice to the Commission.