Current through 2024-51, December 18, 2024
Section 407-293-8 - ABANDONMENT OF ALL SERVICE AND TERMINATION OF AUTHORITY FOR A SERVICE CATEGORY BY A COMPETITIVE TELECOMMUNICATIONS CARRIER THAT HAS CUSTOMERS IN THAT SERVICE CATEGORYA.Approval Generally Not Required. Except as provided in Section 8(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 a specific service category (e.g., interexchange service or local exchange service), the approval of the Commission is not required, provided that the carrier complies with the rate schedule requirements of Section 8(B) and the notice requirement of Section 8(C). The abandonment of service and termination of authority to provide the service category 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 8(A), the competitive telecommunications carrier shall file any necessary changes to its rate schedulesthat will remove any services that are no longer available. 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 8(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 to a service category 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 of the abandonment of service by mail to the customers who subscribe to the service. 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 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 8(A).D.Exception: Pending Proceedings. If any Commission proceedings or consumer complaints before the Consumer Assistance Division are pending against the competitive telecommunications carrier that involve the service category proposed to be discontinued, the Commission must approve the abandonment of service and partial termination of authority. No approval will be granted until the proceedings are final, 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.65- 407 C.M.R. ch. 293, § 8