Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 296 - SELECTION OF PRIMARY INTEREXCHANGE AND LOCAL EXCHANGE CARRIERS › Section 407-296-1 - General Provisions and Definitions

Current through 2024-29, July 17, 2024
A.
Scope of Rule
This Chapter applies to local exchange carriers,
				  interexchange carriers, and resellers of both local exchange and interexchange
				  telephone service in Maine.
B.
Definitions
1.
Authorized
				Carrier
. An "authorized carrier" is: 1) any telecommunications
				carrier that submits a change, on behalf of a customer, in the customer's
				selection of a provider of telecommunications service with the customer's
				authorization verified in accordance with the procedures specified in this
				rule; or 2) any telecommunications carrier to which a customer has
				presubscribed for telecommunications service (e.g. local exchange, intrastate
				toll, interstate toll, or international toll service).
2.
Customer
. A
				"customer" is any person who has agreed to receive, been accepted and is
				receiving telecommunication service or has agreed to be billed for the same,
				including that person's spouse or legal guardian. For businesses, "customer"
				also includes a person designated as the contact person for telecommunications
				services or an officer or owner of the business.
3.
Executing
				Carrier
. An "executing carrier" is any telecommunications carrier
				that performs the physical operations needed to accomplish a request that a
				customer's telecommunications carrier be changed. A carrier may be treated as
				an executing carrier, however, if it is responsible for any unnecessary delays
				in the execution of carrier changes or for the execution of unauthorized
				carrier changes, including fraudulent authorizations.
4.
Letter of Agency
				(LOA
). A "letter of agency" is a document containing a customer's
				signature that authorizes a change to a customer's preferred carrier
				selection.
5.
Initiation of a Change of Carrier
. The "initiation of
				a change of carrier" is defined in the definitions "executing carrier" and
				"submitting carrier" of this rule.
6.
Non-executing
				Carrier
. A "non-executing carrier" is an executing carrier that is
				providing a telecommunications service (either directly or indirectly through
				an affiliate) that is the subject of an authorized change who fails to execute
				that authorized change.
7.
Preferred Carrier
. A "preferred carrier" is a carrier
				to which a customer has presubscribed for local, intrastate, interstate, or
				international telecommunications service.
8.
Preferred Carrier
				Freeze
. A preferred carrier freeze is the process by which a
				customer's selection of a preferred telecommunications carrier cannot be
				changed without the customer's express authorization, as prescribed in this
				rule.
9.
SubmittingCarrier
. A "submitting carrier" is a
				telecommunications carrier that: 1) requests on behalf of a customer that the
				customer's telecommunications carrier be changed; and 2) seeks to provide
				retail services to the end user customer. A carrier may be treated as a
				submitting carrier, however, if it is responsible for any unnecessary delays in
				the submission of carrier changes or for the submission of unauthorized carrier
				changes, including fraudulent authorizations.
10.
Unauthorized
				Carrier
. An "unauthorized carrier" is any telecommunications
				carrier that submits a change, on behalf of a customer, in the customer's
				selection of a provider of telecommunications service but fails to obtain the
				customer's authorization verified in accordance with the verification
				procedures specified in this rule.
11.
Unauthorized
				Change
. An "unauthorized change" is a change in a customer's
				selection of a provider of telecommunications service that was made without
				authorization verified in accordance with the verification procedures specified
				in this rule.