65-407 C.M.R. ch. 293, § 5 - ABANDONMENT OF ALL SERVICE AND TERMINATION OF AUTHORITY FOR A SERVICE CATEGORY BY A COMPETITIVE TELECOMMUNICATIONS CARRIER THAT HAS NO CUSTOMERS IN THAT SERVICE CATEGORY

A. Approval Generally Not Required. If a competitive telecommunications carrier 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) and that it has no local or intrastate interexchange customers in that category, no approval by the Commission is required except as provided in Section 5(C). The abandonment of service and termination of authority to provide the service category 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. Changes to Rate Schedules. With the notice provided to the Commission pursuant to Section 5(A), the competitive telecommunications carrier shall file any necessary changes to its rate schedules that 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 abandonment of service and termination of authority and shall become effective on that date.

C. Exceptions

1. 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 the carrier proposes to discontinue, the Commission must approve the abandonment of service and partial 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. Failure to Obtain Previously Required Approval. If a competitive telecommunications carrier states in its notice to the Commission that it presently has no customers for the affected service category, but upon investigation or inquiry 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, the carrier must obtain approval from the Commission to abandon service to that service category, notwithstanding Section 5(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 issued by the Commission. 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 carrier to provide service as permitted by law.

Notes

65-407 C.M.R. ch. 293, § 5