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 › Appendix 407-293-A

Current through 2024-29, July 17, 2024
47 C.F.R. §64.1120(e)
Note:
47 C.F.R. §64.1120(e) is a
							 regulation of the Federal Communications Commission that governs transfers of
							 customers from one carrier to another. Sections
							 12 and
							 13 of this Chapter refer to this
							 regulation. This Chapter does not incorporate the federal regulation; by its
							 own terms it governs transfers of intrastate customers and applies regardless
							 of any provision in this Chapter. The text of the federal regulation is
							 provided here as a convenience to the reader and was current on the date this
							 Chapter became effective. The FCC could amend this regulation at any time. As
							 of the date this Chapter was adopted, the current version of the regulation was
							 available at
http://www.access.gpo.gov/nara/cfr/cfr-table-search.html
.
Text of 47 C.F.R. §64.1120(e):
(e) A telecommunications carrier may acquire, through a sale
				  or transfer, either part or all of another telecommunications carrier's
				  subscriber base without obtaining each subscriber's authorization and
				  verification in accordance with §64.1120(c), provided that the acquiring
				  carrier complies with the following streamlined procedures. A
				  telecommunications carrier may not use these streamlined procedures for any
				  fraudulent purpose, including any attempt to avoid liability for violations
				  under part 64, subpart K of the Commission rules.
(1) No later than 30 days before the planned transfer of the
				  affected subscribers from the selling or transferring carrier to the acquiring
				  carrier, the acquiring carrier shall file with the Commission's Office of the
				  Secretary a letter notification in CC Docket No. 00-257 providing the names of
				  the parties to the transaction, the types of telecommunications services to be
				  provided to the affected subscribers, and the date of the transfer of the
				  subscriber base to the acquiring carrier. In the letter notification, the
				  acquiring carrier also shall certify compliance with the requirement to provide
				  advance subscriber notice in accordance with §64.1120(e)(3), with the
				  obligations specified in that notice, and with other statutory and Commission
				  requirements that apply to this streamlined process. In addition, the acquiring
				  carrier shall attach a copy of the notice sent to the affected
				  subscribers.
(2) If, subsequent to the filing of the letter notification
				  with the Commission required by §64.1120(e)(1), any material changes to
				  the required information should develop, the acquiring carrier shall file
				  written notification of these changes with the Commission no more than 10 days
				  after the transfer date announced in the prior notification. The Commission
				  reserves the right to require the acquiring carrier to send an additional
				  notice to the affected subscribers regarding such material changes.
(3) Not later than 30 days before the transfer of the
				  affected subscribers from the selling or transferring carrier to the acquiring
				  carrier, the acquiring carrier shall provide written notice to each affected
				  subscriber of the information specified. The acquiring carrier is required to
				  fulfill the obligations set forth in the advance subscriber notice. The advance
				  subscriber notice shall be provided in a manner consistent with 47 U.S.C. 255
				  and the Commission's rules regarding accessibility to blind and
				  visually-impaired consumers,
				  47
				  CFR 6.3,
				  6.5 of this
				  chapter. The following information must be included in the advance subscriber
				  notice:
(i) The date on which the acquiring carrier will become the
				  subscriber's new provider of telecommunications service,
(ii) The rates, terms, and conditions of the service(s) to be
				  provided by the acquiring carrier upon the subscriber's transfer to the
				  acquiring carrier, and the means by which the acquiring carrier will notify the
				  subscriber of any change(s) to these rates, terms, and conditions.
(iii) The acquiring carrier will be responsible for any
				  carrier change charges associated with the transfer,
(iv) The subscriber's right to select a different preferred
				  carrier for the telecommunications service(s) at issue, if an alternative
				  carrier is available,
(v) All subscribers receiving the notice, even those who have
				  arranged preferred carrier freezes through their local service providers on the
				  service(s) involved in the transfer, will be transferred to the acquiring
				  carrier, unless they have selected a different carrier before the transfer
				  date; existing preferred carrier freezes on the service(s) involved in the
				  transfer will be lifted; and the subscribers must contact their local service
				  providers to arrange a new freeze.
(vi) Whether the acquiring carrier will be responsible for
				  handling any complaints filed, or otherwise raised, prior to or during the
				  transfer against the selling or transferring carrier, and
(vii) The toll-free customer service telephone number of the
				  acquiring carrier.