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 407-293-7 - ABANDONMENT OF ALL SERVICE AND TERMINATION OF AUTHORITY BY A COMPETITIVE TELECOMMUNICATIONS CARRIER THAT HAS CUSTOMERS

Current through 2024-29, July 17, 2024
A.
Approval Generally Not Required
. Except as provided in Section
				7(C), if a
				competitive telecommunications carrier that has intrastate customers in Maine
				provides notice to the Commission that it intends to abandon all service to all
				customers or it requests the Commission to terminate its authority to provide
				service, the approval of the Commission is not required provided that the
				carrier complies with the notice requirement of Section
				7(B). The abandonment
				of service and termination of authority to provide service pursuant to this
				subsection shall be effective upon the date stated in the notice to
				customers.
B.
Notice to
				Customers
. A competitive telecommunications carrier that is abandoning
				service pursuant to this section, except for a carrier that is transferring
				customers to another carrier pursuant to Section
				12 and 47 C. F.R. §1120(e)(3),
				must provide written notice by mail to its customers stating that it will no
				longer provide service to them. The notice shall state the date that service
				will be terminated, which shall be no earlier than 30 days after providing the
				notice to the customer. The carrier shall be in compliance with this time
				requirement if it mails the notice 35 days prior to the transfer date. A CLEC
				must include a warning in the notice that, if the customer is subscribed to
				long distance (toll) calling plans with separate in-state or interstate toll
				providers, the customer may lose those plans when the customer selects a new
				local exchange carrier and may revert to higher-priced non-calling plan rates.
				The warning shall advise the customer that to ensure continued subscription to
				any toll calling plans the customer should call the customer's in-state and
				interstate toll providers. The carrier shall provide a copy of its proposed
				notice to customers with the notice filed with the Commission pursuant to
				Section
				7(A).
C.
Exceptions
1.
Pending Proceedings
. If any
				Commission proceedings or consumer complaints before the Consumer Assistance
				Division are pending against the competitive telecommunications carrier, the
				Commission must approve the abandonment of service and termination of
				authority. 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, 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.
2.
Money Owed to Commission or to Funds
				Administered by the Commission
. The Administrative Director, in
				consultation with the Director of Finance, shall determine whether the
				competitive telecommunications carrier seeking termination of its authority to
				provide service has failed to pay any assessments from the Commission,
				including those pursuant to
				 35-A M.R.S.A.
				§116, from the Maine Universal Service
				Fund pursuant to
				 35-A M.R.S.A.
				§7104 and Chapter 288 of the
				Commission's Rules, and from the Maine Telecommunications Education Access Fund
				pursuant to
				 35-A M.R.S.A.
				§7104-B and Chapter 285 of the
				Commission's Rules. If the carrier owes money to the Commission or to either of
				the Funds, the Administrative Director shall notify the Commission, which shall
				decide whether to delay the termination of authority and approval of
				abandonment of service until after the collection of any outstanding
				amounts.