Section 407-293-12 - TRANSFER OF CUSTOMER ACCOUNTS TO A DIFFERENT CARRIER, WITH OR WITHOUT ABANDONMENT OF SERVICEA.Transfer to Acquiring Carrier With Authority to Provide Service. A competitive telecommunications carrier may transfer all or a portion of its customers only to another telecommunications carrier that has authority from the Commission to provide the same service (local exchange or interexchange) that is provided by the transferring carrier. No transfer may occur until the acquiring carrier obtains any necessary authority to provide service pursuant to 35-A M.R.S.A. §§2102 and 2105 and Chapter 280 of the Commission's Rules, and has obtained approval of rate schedules, as described in Section 12(C). No transfer may occur until the acquiring carrier complies with the requirements of this section, other applicable sections of this Chapter, and the requirements of the Federal Communications Commission contained in 47 C.F.R. §64.1120(e), attached to this Chapter as Appendix A.B.Notice to Commission. The acquiring carrier shall provide the Commission with written notice of the proposed transfer of customers, a copy of the notice to customers required by 47 C.F.R. §64.1120(e)(3), a copy of the certification required by 47 C.F.R. §64.1120(e)(1) and copies of any notices required by Section 12(H). At the same time as the filing of the notice of transfer: 1. The acquiring carrier, if it does not have the necessary authority to provide service, shall file an application for that authority, as required by Section 12(C), and proposed rate schedules or a statement that it will be adopting the rate schedules of the transferring carrier;2. The transferring carrier, if it will no longer be providing all or some portions of its service, shall provide notice to the Commission of that abandonment of service and/or relinquishment of authority to provide service pursuant to Section 7, 8 or 9, as applicable, except that it is not necessary for the transferring carrier to provide a copy of notice to customers because such notice is not required; and3. The transferring and acquiring carriers shall each file any necessary changes to their rate schedules.C.Granting of Authority to Acquiring Carrier to Provide Service; Approval of Rate SchedulesIf the acquiring carrier is not authorized to provide the same service (local exchange or interexchange) provided by the transferring carrier, it must obtain the approval of the Commission to provide service pursuant to 35-A M.R.S.A. §§2102 and 2105, Chapter 280 of the Commission's Rules, and this subsection; and must obtain the approval of the Commission of its rate schedules as provided in this subsection.
1.Application. The acquiring carrier must file an application with the Commission for authority to provide service pursuant to the requirements of Chapter 280, § 4 of the Commission's Rules. For good cause (e.g., a common parent owns more than 50% of the voting securities of both the transferring carrier and acquiring carrier or one of the two carriers owns 50% of the voting securities of the other), the Director of Finance may waive all or part of this requirement.2.Order Granting Approval. When the application of the acquiring carrier is complete and meets the legal requirements for the granting of authority, the Commission will grant authority to provide service to the acquiring carrier by issuing an order containing all requirements, terms and conditions applicable to the acquiring carrier. In appropriate circumstances (e.g., a common parent owns more than 50% of the voting securities of both the transferring carrier and acquiring carrier or one of the two carriers owns 50% of the voting securities of the other) the Commission may grant authority to the acquiring carrier under the same terms and conditions previously granted to the abandoning carrier by reference to the order granting that authority.3.Approval of Rate Schedules. The Commission must approve the rate schedules of the acquiring carrier before the acquiring carrier may provide service. The acquiring carrier may adopt the rate schedules of the transferring carrier by incorporation or by reissuing them with necessary changes to the carrier name and signature that are required by Chapter 120. The acquiring carrier may also propose new rate schedules, provided that if those schedules result in higher rates for the transferred customers, the acquiring carrier must comply with the customer notice requirement of Section 12(H). The Commission may permit a new acquiring carrier to provide service without approved rate schedules if the transferring carrier provided service to the transferred customers exclusively by special contracts and the acquiring carrier will provide service to those customers and new customers exclusively by special contracts.D.Rate Schedules of Acquiring Carrier that Has Existing Authority to Provide Service1.Incorporation of Rates of Transferring Carrier. An acquiring carrier that has existing authority to provide the service it will provide to the transferred customers may adopt or incorporate in its rate schedules the rate schedules of the transferring carrier, provided that the adopted or incorporated rate schedules must be contained in or attached to the rate schedules of the acquiring carrier.2.Use of Acquiring Carrier's Rates. An acquiring carrier that has existing authority to provide the service it will provide to the transferred customers may apply its existing approved rate schedules to the acquired customers, but if that application will result in higher rates for the transferred customers, the acquiring carrier must comply with the customer notice requirement of Section 12(H).E.Abandonment of Service By Transferring Carrier. If the transferring carrier is abandoning all or part of its service or is relinquishing its authority to provide service, it must comply with Sections 7, 8, or 9, as applicable.F.Compliance With FCC Regulations. The acquiring carrier must comply with all requirements of 47 C.F.R. §64.1120(e).G.Transfer in Compliance With FCC Regulations and This Section Not Slamming. A carrier that acquires customers from a transferring carrier in compliance with this Section and the requirements of 47 C.F.R. §64.1120(e) shall not be in violation of the unauthorized change of carrier provisions of 35-A M.R.S.A. §7106(1) or Chapter 296, § 3 of the Commission's Rules.H.Notice to Customers of Higher Rates. If any rates of the acquiring carrier will be higher than the rates for the same or similar service provided to the customer by the transferring carrier, or if the terms and conditions (including bundling options or lack thereof) of the acquiring carrier's rate schedules may result in higher costs for some customers, the acquiring carrier must provide notice of the higher rates or potentially higher costs to customers subject to transfer. The notice shall be enclosed with the notice required by 47 C.F.R. §64.1120(e)(3). The notice shall comply with the requirements of Section 13. The notice shall plainly state: (i) that the rates of the acquiring carrier are higher than those of the transferring carrier and the amounts of the differences; or (ii) that the terms and conditions (including bundling options or lack thereof) of the acquiring carrier's rate schedules may result in higher costs for some customers; or (iii), if applicable, both of the preceding statements. The acquiring carrier will be subject to the provisions of Chapter 291, §§ 10(C) and (D) and Chapter 292, §§ 9(C) and (D) for failure to provide the notice required by this subsection. The notice requirement of this subsection applies in addition to any notice required by 47 C.F.R. §64.1120(e)(3)(ii).65- 407 C.M.R. ch. 293, § 12