Section 15-2705. ABANDONMENT OF SERVICE

 

2705.1Any CLEC certificated by the Commission that proposes to abandon the provisioning of telecommunications services in the District of Columbia shall file an application with the Commission no later than ninety (90) days prior to the proposed date of abandonment of service.  This section 2705 shall apply if a CLEC proposes to abandon the provisioning of telecommunications services in the District of Columbia, either in whole or in part (including, but not limited to, for a class of customers, such as residential customers or business customers or for customers located in specified geographic areas).  However, this section does not apply where a CLEC in the ordinary course of business is proposing only to:

 

(a) Terminate service to an individual customer for reasons uniquely applicable to that customer (for instance, because the customer has failed to pay charges due to the CLEC);

 

(b) Withdraw a feature of a service (for instance, caller ID or call waiting);

 

(c) Limit availability of a service so that the service is available only to the CLEC’s customers who already subscribe to that service; or

 

(d) Change a rate, term or condition for a service. 

 

2705.2The abandonment of service application shall contain, in the following order and specifically identify the following information:

 

(a) The applicant’s name, address, telephone number, fax number, the name under which the applicant is providing service in the District of Columbia, the date and order number of the Commission order that authorized the applicant to provide telecommunications services in the District of Columbia, and the proposed abandonment of service date;

 

(b)  A complete explanation of the reasons for the proposed abandonment of service, including, but not limited to, a statement as to whether the applicant proposes to abandon the provisioning of telecommunications services in the District of Columbia in whole, or only in part, and if only in part, a description of the proposed abandonment (for instance, for a class of customers, such as residential customers or business customers, or, customers located in specified geographic areas);

(c) A plan for the refund of any deposits collected from affected customers, with accrued interest less any amounts due to the applicant;

 

(d) If the applicant proposes to abandon the provisioning of telecommunications services in the District of Columbia in whole, a description of the arrangements made for payment of any outstanding taxes, fees, or other amounts owed to the Commission or any other agency of the District of Columbia;

 

(e)  A plan for the applicant to remove, maintain, or transfer any facilities in the District of Columbia that would otherwise be abandoned;

 

(f)  A statement of the number of customers, classified by residential or business customer, affected by the proposed abandonment of service;

 

(g) A statement of the number of customers affected by the proposed abandonment of service for whom the applicant receives universal service support;

(h)  A statement of the date on which notice of the proposed abandonment of service was or will be sent to affected customers;

 

(i)  A copy of the notice that was or will be sent to affected customers; and

 

(j)  An affidavit verifying that all of the information in the application is true and correct. 

2705.3The applicant shall serve a copy of its abandonment of service application on the Office of the People’s Counsel on the same day that the application is filed with the Commission.

 

2705.4Any CLEC that proposes to abandon service in the District of Columbia shall notify each customer affected by the proposed abandonment in accordance with the customer notice provisions of subsection 2706.5.  Notice to customers shall be given in accordance with the customer notice provisions of subsection 2706.5 even if the proposed abandonment of service is not otherwise subject to compliance with section 2706. 

 

2705.5The applicant shall return all customer deposits affected by the proposed abandonment of service, with accrued interest less any amounts due to the applicant within seventy-five (75) days of the abandonment of certification application filing date.  Upon full payment of these deposits, the applicant shall notify the Commission that all such deposits have been paid.    

 

2705.6The applicant shall reimburse its customers affected by the proposed abandonment of service for any carrier charges including, but not limited to, service order charges and service installation charges directly associated with the transfer of those customers to the incumbent local exchange carrier or another CLEC and otherwise chargeable to the customers, as long as the transfer occurs within thirty (30) days of the notification to the customer of the applicant’s abandonment of service.  Except where the customer is transferred to an Acquiring Carrier (as defined in subsection 2706.2) or to an “acquiring carrier” (as such term is used in 47 C.F.R. § 64.1120), the amount of the carrier charges that an applicant shall be required by this subsection to reimburse to a customer shall not exceed: 

 

(a) Fifty dollars ($50) per residence service line; and

 

(b) One hundred dollars ($100) per business service line. 

 

2705.7The Commission may by order annually increase the maximum amount of the carrier charges to be reimbursed by the applicant under subsection 2705.6 by a percentage amount equal to the percentage increase in the Consumer Price Index – All Urban Consumers applicable to the District of Columbia as determined by the United States Government.  Upon full payment of these amounts, the applicant shall notify the Commission that all such amounts have been paid.

 

2705.8Within ninety (90) days after receiving the abandonment application, the Commission shall either approve the application, reject the application, or request supplemental information. 

 

2705.9If, within ninety (90) days after receiving the abandonment application, the Commission does not either approve the application, reject the application, or request supplemental information, the application shall be deemed approved. 

 

2705.10If the Commission requests supplemental information, the applicant has fifteen (15) days to provide the Commission with such supplemental information.

 

2705.11If the Commission requests supplemental information and, by the later of thirty (30) days after receiving the supplemental information or ninety (90) days after receiving the abandonment application, the Commission does not either approve the application, reject the application, or request additional supplemental information, the application shall be deemed approved.

 

2705.12Approval of the abandonment of service application shall be subject to compliance with the applicable provisions of section 2706 and the applicant shall comply with the applicable provisions of section 2706.

 

2705.13The Commission shall approve an abandonment of service application if:

 

(a)  The CLEC has satisfied outstanding debts owed the Commission or any agency of the District of Columbia government;

 

(b) The applicant has complied with this section 2705, the applicable provisions of section 2706, and all other applicable Commission rules and requirements of applicable law;

(c) The applicant has developed and implemented a comprehensive plan for returning customer deposits to customers affected by the proposed abandonment of service, with accrued interest less any amounts due to the applicant, and, if the applicant proposes to abandon its provisioning of telecommunication services in the District in whole, satisfying outstanding debts owed the Commission and/or other District agencies;

 

(d) The applicant has satisfied all switchover fees incurred by its customers affected by the proposed abandonment of service as required by subsection 2705.6; and

 

(e)  The approval of the abandonment of service application would serve the public interest.

 

2705.14No CLEC shall abandon service in the District of Columbia without Commission approval.  Upon receiving Commission approval, the applicant shall void any existing interconnection agreements by informing the Commission and any telecommunications service provider with which the applicant has signed an interconnection agreement of the abandonment of service.

 

authority

The Public Service Commission of the District of Columbia (Commission), hereby gives notice, pursuant to section 34-802 of the District of Columbia Official Code and in accordance with section 2-505 of the District of Columbia Official Code.

source

Final Rulemaking published at 48 DCR 4664 (May 25, 2001); as amended by Final Rulemaking published at 51 DCR 10001 (October 29, 2004); as amended by Final Rulemaking published at 52 DCR 724 (January 28, 2005); as amended by Final Rulemaking published at 55 DCR 12144 (November 28, 2008); as amended by Notice of Final Rulemaking published at 58 DCR 9020, 9023 (October 21, 2011).