35-A §2102. Approval to furnish service
Title 35-A: PUBLIC UTILITIES HEADING: PL 1987, C. 141, PT. A, §6 (NEW)
Part 2: PUBLIC UTILITIES HEADING: PL 1987, C. 141, PT. A, §6 (NEW)
Chapter 21: ORGANIZATION, POWERS, SERVICE TERRITORY HEADING: PL 1987, C. 141, PT. A, §6 (NEW)
§2102. Approval to furnish service
The following provisions apply to furnishing service. [1987, c. 141, Pt. A, §6 (NEW).]
1. Approval required. Except as provided in subsection 2 and in section 4507, a public utility may not furnish any of the services set out in section 2101 in or to any municipality in or to which another public utility is furnishing or is authorized to furnish a similar service, and a dark fiber provider may not offer federally supported dark fiber, without the approval of the commission. The commission may condition approval upon the submission of a bond or other financial security if the commission determines that such a requirement is necessary to ensure that a public utility has the financial ability to meet its obligations under this Title.
A. The commission may not grant approval to a telephone utility under this subsection unless the telephone utility submits evidence satisfactory to the commission that the telephone utility has at least $250,000 in fixed assets in this State or the telephone utility purchases and maintains a surety bond satisfactory to the commission in the amount of $250,000 to ensure the telephone utility has the financial ability to meet its obligations under this Title. This paragraph does not apply to a telephone utility authorized to provide telephone service in this State on the effective date of this paragraph. [2007, c. 638, §1 (NEW).]
[ 2009, c. 612, §5 (AMD) .]
2. Approval not required. Except as provided in section 2104, the commission's approval is not required for a public utility to furnish service in any municipality in which that public utility is furnishing service on October 8, 1967. Approval is not required for the operation of a radio paging service or mobile telecommunications services. Approval is not required for a transmission and distribution utility to distribute electricity to any other transmission and distribution utility.
[ 1999, c. 398, Pt. A, §§104, 105 (AFF); 1999, c. 398, Pt. A, §30 (AMD) .]
2-A. Northern Maine Transmission Corporation.
[ 2003, c. 506, §11 (RP) .]
3. Exemption for certain telephone utilities. The commission by rule may exempt a specified telephone utility or group of telephone utilities from obtaining the approval required by subsection 1 if the commission finds that the exemption will not result in unjust or unreasonable rates or inadequate service for any telephone utility customers. The commission may limit the exemption to specified geographic areas. For good cause, as provided in the rule establishing the exemption, the commission may revoke an exemption in whole or in part, including an exemption granted to a single telephone utility. A telephone utility that is exempt from the approval requirement of subsection 1:
A. Before commencing service, shall notify the commission of its intent to commence the exempted service and provide any other information the commission may require; [1997, c. 118, §1 (NEW).]
B. Shall obtain the approval of the commission under subsection 1 to provide any service other than the services specified in the exemption granted by the commission under this subsection; and [1997, c. 118, §1 (NEW).]
C. Remains subject to any other applicable provisions of this Title and commission rules. [1997, c. 118, §1 (NEW).]
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II-A and must be submitted to the Joint Standing Committee on Utilities and Energy by January 1, 1999.
[ 1997, c. 569, §1 (AMD); 1997, c. 569, §2 (AFF) .]
4. Dark fiber provider. The commission shall issue its order approving or denying an application from a dark fiber provider for approval under this section, including its decision on any waivers or exemptions requested by the dark fiber provider in conjunction with its application, within 60 days of receipt of the application, except that if the commission determines that it requires additional time, it may extend its review and issue its order no later than 90 days after receipt of the application.
[ 2009, c. 612, §6 (NEW) .]
SECTION HISTORY
1987, c. 141, §A6 (NEW). 1991, c. 342, §4 (AMD). 1997, c. 118, §1 (AMD). 1997, c. 569, §1 (AMD). 1997, c. 569, §2 (AFF). 1999, c. 398, §§A104,105 (AFF). 1999, c. 398, §A30 (AMD). 1999, c. 513, §7 (AMD). 2003, c. 505, §28 (AMD). 2003, c. 506, §11 (AMD). 2007, c. 638, §1 (AMD). 2009, c. 612, §§5, 6 (AMD).