N.J. Admin. Code § 14:10-12.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 14:10-12.3 - Application to depart a service territory

(a) A TSP that intends to depart a particular service territory shall comply with the requirements and procedures set forth in this subchapter.

(b) At least 60 days prior to its planned departure date, a departing TSP shall file an application with the Secretary of the Board that includes all of the following:

1. A request for permission to abandon its provision of service; and

2. An exit plan that explains the steps the TSP will take to help facilitate the transfer of its end users to a new TSP. The exit plan shall include the following:

i. A supplement to either cancel or modify the TSP's rates, terms, and conditions of service. If the supplement modifies the TSP's rates, terms, and conditions of service, the supplement shall contain plans for transferring end users and preventing slamming problems;

ii. A sample letter to be sent to the departing TSP's end users in accordance with N.J.A.C. 14:10-12.5(a), informing them of the departure of the TSP and the end users' option to choose another TSP. The departing TSP's letter shall contain all the information set forth in the sample letter in Appendix A to this subchapter, incorporated herein by reference;

iii. A proposed final departure date, on which the departing TSP must disconnect, or request that the underlying service provider disconnect, all end user accounts;

iv. The names, e-mail addresses, and telephone numbers of the migration manager for both the departing and acquiring TSP;

v. Any arrangements made by the departing TSP prior to submittal of the application, to switch end users to another TSP;

vi. Steps to be taken by the departing TSP with NANPA to transfer NXX or thousand number blocks (if applicable), while preserving number portability for numbers within the NXX code. These steps shall comply with the Central Office Code (NXX) Assignment Guidelines, document number INC 95-0407-008, issued by the Alliance for Telecommunications Industry Solutions (ATIS), which are incorporated herein by reference, as amended and supplemented, and can be found at www.atis.org;

vii. The departing TSP's end user-serving arrangements in effect at the time of the application filing, and the type of underlying service provider, for example, UNE-P, resale, UNE-L or full facilities;

viii. Steps to be taken by the departing TSP with NANPA to transfer NXX or thousand number blocks (if applicable), while preserving number portability for numbers within the NXX code. These steps shall comply with the Central Office Code (NXX) Assignment Guidelines, document number INC 95-0407-008, issued by the Alliance for Telecommunications Industry Solutions (ATIS), which are incorporated herein by reference, as amended and supplemented, and can be found at www.atis.org;

ix. An explanation of any transfer of assets or control of assets that requires Board approval, which is planned by the departing TSP;

x. Plans for dealing with end user deposits, credits, and/or termination liabilities or penalties; and

xi. Plans for unlocking the E-911 database, in accordance with N.J.A.C. 14:10-12.1 0.

(c) Upon receipt of an application, Board staff will review the application and contact the petitioner regarding any deficiencies.

(d) If the departing TSP believes that 60 days is not feasible for submittal of its application, it may request a modification of the timeline by making a request to Board staff. However, in all cases, the application shall be submitted early enough to provide sufficient time to migrate the departing TSP's end users to other TSPs.

N.J. Admin. Code § 14:10-12.3

Amended by 47 N.J.R. 489(a), effective 2/17/2015

Amended by 54 N.J.R. 1427(a), effective 7/18/2022