65-407 C.M.R. ch. 293, § 9 - ABANDONMENT OF ALL SERVICE TO A CUSTOMER CLASS BY A COMPETITIVE CARRIER THAT HAS CUSTOMERS IN THAT CLASS

A. Approval Generally Not Required. Except as provided in Section 9(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 all customers in a specified customer class, the approval of the Commission is not required provided that the carrier complies with the rate schedule requirements of Section 9(B) and the notice requirements of Section 9(C). The abandonment of service pursuant to this subsection 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 9(A), the competitive telecommunications carrier shall file any necessary changes to its rate schedules that will remove or modify the rates and terms and conditions for any services that are no longer available to the applicable customer class. 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 9(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 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 the customers in the affected class 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 carrier that is abandoning local exchange service for a class of customers 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 9(A).

D. Exception: Pending Proceedings. If any Commission proceedings or consumer complaints pending before the Consumer Assistance Division are pending against the competitive telecommunications carrier that involve the affected customer class, the Commission must approve the abandonment of service. 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.

Notes

65-407 C.M.R. ch. 293, § 9