Maine Revised Statutes Title 35-A Sec. 7232 – Laws that apply only to service providers and local exchange carriers for limited purposes
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Notwithstanding any other provision of law, the provisions listed in subsections 1 to 5 do not apply to a telephone utility except service providers with respect to the provision of provider of last resort service and local exchange carriers with respect to federal interconnection rights and obligations: [PL 2011, c. 623, Pt. A, §18 (NEW).]
1. Rates of public utilities. The provisions of chapter 3 relating to the rates of public utilities.
The commission may adopt by rule standards and procedures for granting exemptions from all or specified portions of chapter 3 to service providers with respect to the provision of provider of last resort service or to local exchange carriers with respect to federal interconnection rights and obligations. Any exemption granted pursuant to rule must be accompanied by a finding that the exemption is in the public interest and will not result in unjust or unreasonable rates or have a negative impact on competitive markets for telephone services. The commission may limit an exemption to specific geographic areas. An entity granted an exemption pursuant to a rule adopted under this section remains subject to otherwise applicable provisions of chapter 3.
For good cause, as defined by the commission by rule, the commission may revoke any exemption granted pursuant to this subsection. A revocation may be in whole or in part and may be specific to individual entities or services.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A;
[PL 2011, c. 623, Pt. A, §18 (NEW).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 7232
- Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
- Federal interconnection rights and obligations: means the rights and obligations of a telecommunications entity under 47 United States Code §§ 251 and 252 or any other provision of federal law or regulation governing telecommunications network facility interconnection or wholesale access rights and obligations to the extent the rights and obligations under the federal law or regulation may be regulated or overseen by the commission. See Maine Revised Statutes Title 35-A Sec. 102
- Provider of last resort service: means a flat-rate service with voice grade access to the public switched telephone network; local usage within the basic service calling areas of incumbent local exchange carriers as of January 1, 2012; dual-tone multifrequency signaling or its functional equivalent; single-party service or its functional equivalent; access to emergency services; access to operator services; access to interexchange service; access to directory assistance; toll limitation for qualifying low-income customers; and the capacity to maintain uninterrupted voice service during a power failure, either through the incorporation into the network or network interface devices of suitable battery backup or through electric current. See Maine Revised Statutes Title 35-A Sec. 7201
- Telephone utility: includes every person, its lessees, trustees, receivers or trustees appointed by any court, that provides telephone service for compensation inside this State. See Maine Revised Statutes Title 35-A Sec. 102
2. Regulation and control of public utilities. The following sections of chapter 7:
F. Section 714 relating to notice of certain business activities; [PL 2011, c. 623, Pt. A, §18 (NEW).]
[PL 2011, c. 623, Pt. A, §18 (NEW).]
3. Authorization of sales, leases and mortgages of property. The following sections of chapter 11:
B. Section 1104 relating to abandonment of property or service; [PL 2011, c. 623, Pt. A, §18 (NEW).]
[PL 2011, c. 623, Pt. A, §18 (NEW).]
4. Procedure. The following sections of chapter 13:
E. Section 1323 relating to exhausting of rights before the commission; and [PL 2011, c. 623, Pt. A, §18 (NEW).]
[PL 2011, c. 623, Pt. A, §18 (NEW).]
5. Sanctions and administrative penalties. The following sections of chapter 15:
A. Section 1511 relating to revocation and suspension of authority to provide service. [PL 2011, c. 623, Pt. A, §18 (NEW).]
[PL 2011, c. 623, Pt. A, §18 (NEW).]
SECTION HISTORY
PL 2011, c. 623, Pt. A, §18 (NEW).