CHAPTER 137
H.P. 849 - L.D. 1121
An Act to Allow Flexibility in Regulation of Telephone Utilities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §120, sub-§§3 and 4, as enacted by PL 1999, c. 584, §1, are amended to read:
3. Regional issues. The commission's efforts undertaken in accordance with its authority under this Title to promote and protect consumer interests through participation in and presentations before regional entities and federal agencies with jurisdiction over regional marketplaces that affect the State's consumers. The commission must provide an assessment of staffing requirements to undertake these responsibilities; and
4. Rural issues. The commission's efforts undertaken in accordance with its authority under this Title to ensure that rural areas of this State are not disadvantaged as utility industries are restructured and competitive markets developed. The commission shall identify any rural issues that it has determined may require legislative action.; and
Sec. 2. 35-A MRSA §120, sub-§5 is enacted to read:
5. Telephone exemptions. The commission's activities undertaken pursuant to its authority to grant exemptions to telephone utilities from certain portions of this Title.
Sec. 3. 35-A MRSA §307-A, first ¶, as enacted by PL 1997, c. 276, §1 and affected by §4, is amended to read:
The commission may adopt by rule standards and procedures for granting exemptions from all or specified portions of section sections 304 and 307 and for suspending its powers of suspension and investigation under section 310 with respect to a telephone utility, a specified group of telephone utilities or specified services offered by one or a group of telephone utilities. Any determination granting an exemption or suspension pursuant to the rule must be accompanied by a finding that the exemption or suspension will not have a negative impact on competitive markets for the specified services, that the utility or group of utilities does not exercise significant power over pricing in the markets for the specified services and that the determination will not result in unjust or unreasonable rates for any customers in the markets for those services. The commission may limit its determination to specific geographic areas. A utility whose rates or terms and conditions are subject to a determination made pursuant to a rule adopted under this section remains subject to other applicable provisions of this Title and commission rules.
Sec. 4. 35-A MRSA §507 is enacted to read:
§507. Exemption for certain telephone utilities
The commission may adopt by rule standards and procedures for granting exemptions to a telephone utility or a specified group of telephone utilities from all or specified portions of section 504. Any exemption granted pursuant to the rule must be accompanied by a finding that the exemption is in the public interest and will not have a negative impact on competitive markets for telephone services. The commission may limit an exemption to specific geographic areas. A utility granted an exemption pursuant to a rule adopted under this section remains subject to other applicable provisions of this Title and commission rules.
For good cause, as defined by the commission by rule, the commission may revoke any exemption granted pursuant to this section. A revocation may be in whole or in part and may be specific to a single telephone utility or a single utility service.
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
Sec. 5. 35-A MRSA §912, first ¶, as enacted by PL 1997, c. 276, §2 and affected by §4, is amended to read:
The commission may adopt by rule standards and procedures for granting exemptions to a telephone utility or a specified group of telephone utilities from all or specified portions of this chapter. Any exemption granted pursuant to the rule must be accompanied by a finding that the application of this chapter or portions of this chapter to the telephone utility or group of telephone utilities will not further exemption is in the public interest and will not have a negative impact on competitive markets for telephone services. The commission may limit an exemption to specific geographic areas. A utility granted an exemption pursuant to a rule adopted under this section remains subject to other applicable provisions of this Title and commission rules.
Sec. 6. 35-A MRSA §1105, first ¶, as enacted by PL 1997, c. 276, §3 and affected by §4, is amended to read:
The commission may adopt by rule standards and procedures for granting exemptions to a telephone utility or a specified group of telephone utilities from all or specified portions of this chapter. Any exemption granted pursuant to the rule must be accompanied by a finding that the application of this chapter or portions of this chapter to the telephone utility or group of telephone utilities will not further exemption is in the public interest and will not have a negative impact on competitive markets for telephone services. The commission may limit an exemption to specific geographic areas. A utility granted an exemption pursuant to a rule adopted under this section remains subject to other applicable provisions of this Title and commission rules.
Effective September 21, 2001, unless otherwise indicated.
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