Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 220 - REMOVAL OF PROVIDER OF LAST RESORT SERVICE OBLIGATION › Section 407-220-6 - DISCONTINUANCE, REDUCTION, OR IMPAIRMENT OF SERVICE

Current through 2024-29, July 17, 2024
A.
Commission Approval.
A Price Cap ILEC may not discontinue, reduce
				or impair the service that it provides in any municipality, or part of a
				municipality, in which it has been relieved of its obligation to provide POLR
				service unless the Commission approves the discontinuance, reduction, or
				impairment.
B.
Form of
				Request.
In filing a request under this Section, a Price Cap ILEC must
				describe with specificity the service discontinuance, reduction, or impairment
				for which it is seeking authority.
C.
Required Showing.
A Price Cap
				ILEC must provide a showing that its request is not adverse to the public
				interest nor will it harm or impede the present or future public convenience
				and necessity. Among other things, a Price Cap ILEC must specifically
				demonstrate that the discontinuance, reduction, or impairment will not preclude
				any customer from having the ability to access emergency communications
				services.
D.
Commission
				Process.
Upon the filing of a request by a Price Cap ILEC to
				discontinue, reduce, or impair service, the Commission shall commence an
				adjudicatory proceeding to consider the request.
E.
Imposition of Terms, Conditions, or
				Other Requirements.
In granting approval under this section, the
				Commission may impose such terms, conditions, or other requirements as it
				finds, in its judgment, are necessary to protect the public interest and the
				public convenience and necessity. Pursuant to
				35-AM.R.S.
				section7221(6), a Price Cap
				ILEC that abandons any or all of its plant, property, or system, or that
				discontinues, reduces, or impairs its service pursuant to authority granted by
				the Commission under this Chapter, is deemed to have waived its right to object
				to the terms, conditions, or requirements imposed by the Commission in granting
				its approval. A Price Cap ILEC need not seek further approval under
				35-A M.R.S.
				section1104 for any discontinuance approved
				under this Chapter.
F.
Abandonment Without Approval.
A discontinuance, reduction, or
				impairment of service by a Price Cap ILEC constitutes an abandonment of service
				for the purposes of this Chapter. Upon a request from the Office of the Public
				Advocate or through a ten-person complaint filed by customers pursuant to
				35-A M.R.S. section
				1302(1) within any
				municipality in which a Price Cap ILEC formerly served as the POLR service
				provider, or upon its own motion, the Commission may commence an investigation
				into whether a Price Cap ILEC has undertaken an abandonment of service without
				approval by the Commission. If the request is made through a ten-person
				complaint, the Price Cap ILEC shall have twenty days from the filing of the
				request to file a response in the form of a desire to satisfy the complaint as
				set forth in section 12(a)(2) of Chapter 110 of the Commission's Rules of
				Practice and Procedure. The Commission may accept or reject the Price Cap
				ILEC's offer of satisfaction within ninety days of the filing of the ten-person
				complaint. If the Commission does not accept the Price Cap ILEC's offer of
				satisfaction, it may conduct an investigation in accordance with Chapter 110 of
				the Commission's Rules.
Upon a finding after investigation that a Price Cap ILEC has
				  abandoned service without approval of the Commission, the Commission may order
				  the Price Cap ILEC to take appropriate action to correct the abandonment and
				  restore service to its pre-abandonment level. The Commission may also order
				  rebates or credits as compensation to customers. If the Price Cap ILEC fails to
				  comply with a Commission Order to correct an abandonment of service, the
				  Commission may order penalties pursuant to
				  35-A M.R.S. section
				  1508.