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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 15. PUBLIC UTILITIES AND CABLE TELEVISION |
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Chapter 15-27. REGULATION OF TELECOMMUNICATIONS SERVICE PROVIDERS |
Section 15-2706. ABANDONMENT OF SERVICE TO THE LOCAL EXCHANGE VOICE SERVICES MARKET
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2706.1 Applicability
This section applies when a CLEC that has one (1) or more customers proposes to abandon the provisioning of telecommunications services to the local exchange voice services market or a portion of the local exchange voice services market (including, but not limited to, a class of customers such as residence customers or business customers, or 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.
2706.2 Definitions
For the purposes of this section the following terms and phrases shall have the meanings ascribed:
(a) Acquiring Carrier - a local exchange carrier that has entered into an arrangement with an Exiting CLEC to acquire the Exiting CLEC’s customers.
(b) Cut-Off Date - the date after which an Exiting CLEC’s customers will have to wait until their migration to the Acquiring Carrier is completed before they can obtain local exchange service from a different carrier.
(c) Exiting CLEC - a CLEC that proposes to abandon the provisioning of telecommunications services to the local exchange voice services market, or a portion of the local exchange voice services market (including, but not limited to, a class of customers such as residential customers or business customers, or customers located in specified geographic areas).
(d) Network Service Provider - a local exchange carrier that provides interconnection, network elements, telecommunications services, collocation, or other services, facilities, equipment or arrangements, that:
(1) Are used by the Exiting CLEC to provide service to its customers; or
(2) Will be used by a carrier (including, but not limited to, an Acquiring Carrier) that is acquiring one (1) or more of the Exiting CLEC’s customers, to provide service to those customers.
(e) Priority/Essential Customers - any ambulance, police or fire service, hospital, national security agency, or civil defense organization, or any customer who has obtained Telecommunications Service Priority (TSP) authorization from the Federal Government.
2706.3 Exit Plan
(a) An Exiting CLEC must file an Exit Plan with the Commission at least ninety (90) days in advance of the Exiting CLEC’s proposed discontinuance of service date. Upon good cause shown, the Commission may establish an alternative date by which the Exiting CLEC must file its Exit Plan.
(b) The Exit Plan filed by the Exiting CLEC with the Commission must include:
(1) A statement specifying the Exiting CLEC’s proposed discontinuance of service date and, if there is an Acquiring Carrier, the proposed Cut-Off Date;
(2) A sample of the initial notice letter that will be sent to the Exiting CLEC’s customers pursuant to subection 2706.5;
(3) Plans for follow-up customer notification arrangements, such as a second letter, phone calls or bill inserts;
(4) A date by which the Exiting CLEC’s customers must select a new local exchange carrier;
(5) Contact names and telephone numbers for the Exiting CLEC’s cutover coordinator, regulatory contact and other pertinent contact personnel (such as customer service record (CSR) and provisioning contacts);
(6) Any arrangements made for an Acquiring Carrier;
(7) Steps to be taken with the number code and/or pooling administrator to transfer NXX and thousand number blocks while preserving number portability for numbers within the code;
(8) The current customer serving arrangements (for example, UNE-Platform, UNE-Loop, resale or full facilities) and the underlying Network Service Providers;
(9) To the extent feasible, a statement as to the following:
(A) whether there are any customers for whom the Exiting CLEC is the only provider of facilities;
(B) the number of customers for whom the Exiting CLEC is the only provider of facilities; and
(C) the number of lines for which the Exiting CLEC is the only provider of facilities;
(10) The number of customers impacted;
(11) A statement setting out:
(A) The format in which the Exiting CLEC’s customer service records (CSRs) are being kept,
(B) What data elements are in these CSRs; and
(C) How the CSRs can be obtained by other carriers. Data elements include:
(i) Billing telephone number;
(ii) Working telephone number;
(iii) Complete customer billing name and address;
(iv) Directory listing information, including name, address, telephone number and listing type;
(v) Complete service address;
(vi) Current Primary Interexchange Carrier selection (inter/intraLATA toll service), including freeze status;
(vii) Local service freeze status;
(viii) All vertical features (such as, custom calling, hunting);
(ix) Options (such as, Lifeline, 900 blocking, toll blocking, remote call forwarding, off premises extensions);
(x) Tracking number or transaction number (for example, purchase order number);
(xi) Circuit identification information with associated telephone number;
(xii) Service configuration information (such as, UNE-Platform, UNE-Loop, resale or full facilities);
(xiii) Identification of the Network Service Provider(s); and
(xiv) Identification of any line sharing/line splitting on the migrating customer’s line;
(12) Any transfer of assets or control that requires Commission approval;
(13) Plans to modify and/or cancel tariff(s);
(14) Plans for reimbursement of switchover fees;
(15) Plans for treatment of customer deposits, credits, and/or termination liabilities or penalties;
(16) 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;
(17) Plans for the transfer, removal or abandonment of any Exiting CLEC equipment or facilities on the customers’ premises;
(18) A statement on whether the Acquiring Carrier will be responsible for handling any complaints filed, or otherwise raised, against the Exiting CLEC prior to or during the migration of customers to the Acquiring Carrier; and
(19) Plans for unlocking the E911 database, including the letter detailed in subection 2706.8.
(c)If the Exit Plan contains information that the Exiting CLEC claims are confidential or proprietary, the Exiting CLEC may seek confidential treatment of the confidential or proprietary information in accordance with 15 DCMR § 150. To the extent provided by 15 DCMR § 150 and other provisions of applicable law, copies of the confidential version of the Exit Plan shall be available to the Office of the People’s Counsel, carriers, and other interested persons.
(d) If the Exiting CLEC seeks confidential treatment of information contained in the Exit Plan, the Exiting CLEC shall also file with the Commission a version of the Exit Plan that omits the confidential information. The Exiting CLEC shall serve the non-confidential version of the Exit Plan upon the Office of the People’s Counsel. The non-confidential version of the Exit Plan shall be available from the Commission to carriers and other interested persons.
(e) Within fifteen (15) days after receiving the Exit Plan, the Commission shall either approve the Exit Plan, reject the Exit Plan, or request supplemental information. If within fifteen (15) days after receiving the Exit Plan the Commission does not either approve the Exit Plan, reject the Exit Plan, or request supplemental information, the Exit Plan shall be deemed approved. If the Commission requests supplemental information, the Exiting CLEC has fifteen (15) days to provide the Commission with such supplemental information. If within fifteen (15) days after receiving the supplemental information the Commission does not either approve the Exit Plan, reject the Exit Plan, or request additional supplemental information, the Exit Plan shall be deemed approved.
2706.4 Industry Notification
(a) When the Commission receives notice of the Exiting CLEC’s proposed discontinuance of service, the Commission Secretary shall post notice of the proposed discontinuance of service on the Commission’s website under “Report of Telephone Companies Exiting the Local Exchange Market” at www.dcpsc.org.
(b) When the Commission receives notice of the Exiting CLEC’s proposed discontinuance of service, the Commission Secretary shall send notice of the proposed discontinuance of service to a carrier contact list. This list shall be located on the Commission’s website and shall include carriers that have asked to be included on the list. Each carrier on the list shall be responsible for maintaining the accuracy of its information on the list.
(c) Within five (5) days after the Exiting CLEC files its Exit Plan with the Commission:
(1) The Exiting CLEC shall give notice to its Network Service Providers of its proposed discontinuance of service; and
(2) The Acquiring Carrier shall give notice to its Network Service Providers of its proposed acquisition of the Exiting CLEC’s customers.
(d) If necessary, a conference call may be established by the Commission Staff in order to address potential problem areas and procedures. The persons invited to participate in the conference call shall include all carriers providing service in the District of Columbia, the Exiting CLEC’s Network Service Providers, the Acquiring Carrier’s Network Service Providers, the Commission Staff, the Office of the People’s Counsel, and such other persons as the Commission Staff deems appropriate.
2706.5 Customer Notification
(a) If there is an Acquiring Carrier, the Exiting CLEC and the Acquiring Carrier must give written notice to the Exiting CLEC’s customers of the Exiting CLEC’s proposed discontinuance of service and the proposed transfer of the customers to the Acquiring Carrier.
(b) If there is not an Acquiring Carrier, the Exiting CLEC must give written notice to its customers of its proposed discontinuance of service.
(c) The written notice to be provided pursuant to paragraph (a) or (b) must be given at least sixty (60) days in advance of the Exiting CLEC’s proposed discontinuance of service date. Upon good cause shown, the Commission may establish an alternative customer notice period; provided that the customer notice must be given at least forty-five (45) days in advance of the Exiting CLEC’s proposed discontinuance of service date.
(d) The notice letter must comply with Commission and Federal Communications Commission (FCC) requirements.
(e) Contents
(1) The Commission shall adopt by order model customer notification letters that comply with Commission and FCC regulations. A customer notice letter issued pursuant to paragraph (a) or (b) must comply with the Commission’s applicable model customer notification letter.
(2) The customer notification letter must include the following information:
(A) Statement that the Exiting CLEC will no longer be providing the customer’s local telephone service;
(B) If there is an Acquiring Carrier, the identity of the Acquiring Carrier;
(C) The customer’s right to choose an alternative carrier;
(D) Clear instructions to the customer regarding the choice of an alternative carrier;
(E) The customer’s need to take prompt action when there is no Acquiring Carrier;
(F) Time deadlines for customer action in accordance with the Commission’s rules;
(G) A statement regarding switchover fees and the Exiting CLEC’s plans for reimbursement of switchover fees;
(H) The customer’s responsibility for payment of telephone bills during the migration period;
(I) When the customer is being transferred to an Acquiring Carrier, information about the lifting and reestablishment of preferred carrier freezes;
(J) Applicable information about long distance service and whether it may be impacted by the change in local exchange carrier;
(K) The Exiting CLEC’s plans for treatment of customer deposits, credits, and/or termination liabilities or penalties;
(L) The Exiting CLEC’s plans for transfer, removal or abandonment of any Exiting CLEC equipment or facilities on the customer’s premises;
(M) Information on the Acquiring Carrier’s services and rates, terms and conditions, and on the means by which the Acquiring Carrier will notify the customer of any changes to these rates, terms and conditions;
(N) Whether the Acquiring Carrier will be responsible for handling any complaints filed, or otherwise raised, against the Exiting CLEC prior to or during the migration of customers to the Acquiring Carrier;
(O) Any other information required by applicable law (including, but not limited to, any other information required by the Commission or the FCC);
(P) Toll-free telephone numbers for the Exiting CLEC and the Acquiring Carrier;
(Q) Contact information for the Commission; and
(R) Contact information for the Office of the People’s Counsel.
(3) If there is an Acquiring Carrier, the customer notice letter must contain a Cut-Off Date and a statement that customers who have not selected an alternative carrier by the Cut-Off Date will be transferred to the Acquiring Carrier. When notice is given to the customer sixty (60) days in advance of the proposed discontinuance of service date, the Cut-Off Date shall be thirty (30) days before the proposed discontinuance of service date. When notice is given to the customer less than sixty (60) days in advance of the proposed discontinuance of service date, the Cut-Off Date shall be as specified by the Commission. The notification process must allow the customer thirty (30) days to select a new carrier. The Acquiring Carrier may not migrate the Exiting CLEC’s customers to the Acquiring Carrier until after the Cut-Off Date.
(4) If there is not an Acquiring Carrier, the Exiting CLEC must give at least one (1) additional notice to each customer who, twenty (20) days prior to the proposed discontinuance of service date, has not migrated to a new carrier. This additional notice must be given no later than fifteen (15) days prior to the proposed discontinuance of service date or, upon a showing to the Commission that fifteen (15) days advance notice is not feasible, at the earliest possible date, as approved by the Commission. The form of the additional notice could include a follow-up letter, a telephone call to the customer, a bill insert, or any other means of direct contact with the customer.
2706.6 Mass Migration Process
(a) As soon as is feasible after the Exiting CLEC’s Exit Plan is filed with the Commission, the Exiting CLEC and the Acquiring Carrier shall establish with their applicable Network Service Providers appropriate arrangements for migration of the Exiting CLEC’s customers to the Acquiring Carrier. The Exiting CLEC and the Acquiring Carrier shall submit to their applicable Network Service Providers any service orders and information needed to carry out the migration. Such service orders and information shall be submitted sufficiently in advance of the Exiting CLEC’s proposed discontinuance of service date that the migration will be able to be completed by the proposed discontinuance of service date.
(b) Carriers other than the Acquiring Carrier who are acquiring the Exiting CLEC’s customers shall submit to their applicable Network Service Providers any service orders and information needed to carry out the migration. To the extent feasible, such service orders and information shall be submitted sufficiently in advance of the Exiting CLEC’s proposed discontinuance of service date that the migration will be able to be completed by the proposed discontinuance of service date.
(c)The Exiting CLEC shall make available to its Network Service Provider, its customers’ new carriers and these carriers’ Network Service Providers, the CSR information needed to migrate the Exiting CLEC’s customers, and any other information reasonably needed to migrate the Exiting CLEC’s customers. Upon request, the Exiting CLEC shall also provide to Staff CSR information for customers whose particular serving arrangements may create migration problems.
(d) The Exiting CLEC must track the progress of the migration of its customers and provide the Commission with progress reports. The reports shall contain a count of the customers that remain in service with the Exiting CLEC and such other information as shall be specified by the Commission. The reports shall be provided at such intervals as shall be specified by the Commission. Subject to 15 DCMR § 150 and other provisions of applicable law, upon request by the Office of the People’s Counsel, the Exiting CLEC shall provide copies of the progress reports to the Office of the People’s Counsel.
(e) Except as authorized by the Commission pursuant to subection 2706.3(e) or as otherwise authorized by the Commission, the Exiting CLEC shall not discontinue provision of service until all of its customers who will be affected by its discontinuance of service have migrated to other carriers.
2706.7 NXX Code Transfers
If the Exiting CLEC has any NXX codes or thousand number blocks assigned, it must make transfer arrangements with the code administrator at least sixty-six (66) days prior to the proposed discontinuance of service date or by such earlier date as shall be specified by the code administrator.
2706.8 E- 911
(a) The Exiting CLEC must unlock all of its telephone numbers in the E911 database in accordance with the National Emergency Numbering Association’s (NENA) standards.
(b) The Exiting CLEC must submit a letter to the appropriate E911 service provider authorizing the E911 service provider to unlock any remaining E911 records after the Exiting CLEC has discontinued provision of service. This letter must be provided at least thirty (30) days prior to the Exiting CLEC’s discontinuance of service.
2706.9 Freezes
All customers who have preferred carrier freezes on the services affected by a migration to an Acquiring Carrier will be transferred to the Acquiring Carrier, unless they have selected a different carrier by the Cut-Off Date. The Exiting CLEC shall lift existing preferred carrier freezes on services involved in a migration to an Acquiring Carrier. An Acquiring Carrier shall advise the customers that it is acquiring from the Exiting CLEC that if they want preferred carrier freezes, they must contact the Acquiring Carrier to arrange for such freezes.
2706.10Reservation of Rights
Nothing in this section 2706 shall limit, or delay the right to exercise, any right that an incumbent local exchange carrier, CLEC, or other person may have under an interconnection or resale agreement, tariff, or otherwise, to require payment for, to decline to provide, or to suspend or terminate, interconnection, network elements, telecommunications services, collocation, or other services, facilities, equipment, or arrangements.