65- 407 C.M.R. ch. 293, § 7

Current through 2024-51, December 18, 2024
Section 407-293-7 - ABANDONMENT OF ALL SERVICE AND TERMINATION OF AUTHORITY BY A COMPETITIVE TELECOMMUNICATIONS CARRIER THAT HAS CUSTOMERS
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.

65- 407 C.M.R. ch. 293, § 7