Section 407-220-6 - DISCONTINUANCE, REDUCTION, OR IMPAIRMENT OF SERVICEA.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.
65- 407 C.M.R. ch. 220, § 6