65-407 C.M.R. ch. 293, § 4 - ABANDONMENT OF ALL SERVICE AND TERMINATION OF AUTHORITY WHEN A COMPETITIVE TELECOMMUNICATIONS CARRIER HAS NO CUSTOMERS

A. Approval Generally Not Required. If a competitive telecommunications carrier provides notice to the Commission that it intends to abandon all service to all customers or that it requests the Commission to terminate its authority to provide service and it states that it has no local or intrastate interexchange customers in Maine, no approval by the Commission is required except as provided in Section 4(B). The abandonment of service and termination of authority to provide service shall be effective 7 days after receipt of the notice by the Commission or, if a later date is specified in the notice, on that date.

B. 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 competitive telecommunications 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. Nothing in this subparagraph prohibits the Commission from temporarily or permanently terminating the authority of a competitive telecommunications carrier to provide service as permitted by law.

2. Failure to Obtain Previously Required Approval. If a competitive telecommunications carrier states in its notice to the Commission that it presently has no customers, but upon investigation or inquiry to the carrier it appears that the carrier previously had customers in Maine and terminated those customers on its own initiative without obtaining the approval required by 35-A M.R.S.A. §1104 and this Chapter, the carrier must obtain approval from the Commission to abandon service and for termination of its authority, notwithstanding Section 4(A). Prior to granting approval, the Commission may initiate proceedings as permitted by law against the carrier for the violation of 35-A M.R.S.A. §1104. No approval will be granted until those proceedings are final 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 competitive telecommunications carrier to provide service as permitted by law.

3. 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. 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.

Notes

65-407 C.M.R. ch. 293, § 4