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 407-293-9 - ABANDONMENT OF ALL SERVICE TO A CUSTOMER CLASS BY A COMPETITIVE CARRIER THAT HAS CUSTOMERS IN THAT CLASS

Current through 2024-29, July 17, 2024
A.
Approval
				Generally Not Required
. Except as provided in Section
				9(D), 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 in a specified customer class, the approval of the Commission is not
				required provided that the carrier complies with the rate schedule requirements
				of Section
				9(B) and the notice
				requirements of Section
				9(C). The abandonment
				of service pursuant to this subsection shall be effective on the date stated in
				the notice to customers.
B.
Changes to Rate Schedules
. With the notice provided to the
				Commission pursuant to Section
				9(A), the competitive
				telecommunications carrier shall file any necessary changes to its rate
				schedules that will remove or modify the rates and terms and conditions for any
				services that are no longer available to the applicable customer class. The
				proposed changes shall bear a proposed effective date that is the same as the
				date of termination of service contained in the notice to customers contained
				in Section
				9(C) and shall become
				effective on that date.
C.
Notice to Customers; Copy of Customer Notice Provided to
				Commission
. 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 the customers in the affected class
				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 carrier that is abandoning local exchange service for a
				class of customers must include a warning in the notice that, if the customer
				is subscribed to long distance (toll) calling plans with a different in-state
				or interstate toll provider, 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
				9(A).
D.
Exception: Pending
				Proceedings
. If any Commission proceedings or consumer complaints
				pending before the Consumer Assistance Division are pending against the
				competitive telecommunications carrier that involve the affected customer
				class, the Commission must approve the abandonment of service. 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.