Section 407-140-2 - SERVICE AREA, EXCHANGE, AND WIRE CENTER BOUNDARY MAPSA. Requirement to File Service Area Maps. All utilities subject to the requirements of this Chapter (except IXCs) must develop and maintain current service area maps of the areas in which they are authorized to provide service, including any operating or administrative districts, and local telephone service exchange and wire center boundaries for exchanges with more than one wire center. Service area maps must clearly show the complete boundary of the subject area of the map, and minor civil division boundaries and all major geographic features such as roads and water bodies that will aid in determining the location of the boundaries and customers. Maps must be filed in both paper and electronic (GIS) form as provided in § 2(F) below. 1. Effective Date All service area maps filed with the Commission must state the effective date and the Commission Docket, if any, of the most recent proceeding in which the map was updated, or any law amending a utility's charter, and the Administrative Director must add the effective date of the current map and the Commission Docket of the proceeding, if any, that approves the map. In the event of a conflict between a service area map and a utility's charter or Commission order, the charter or order will govern.
2. Terms and Conditions The service areas and telephone exchange and wire center boundaries shown on the maps required by §§ 2(B), 2(C), and 2(D) below must be part of a utility's terms and conditions. The maps must be publicly available as required by 35-A M.R.S.A. §305, but may be kept separate from the main body of a utility's terms and conditions.
3. Specific Requirements for Electric Transmission and Distribution Utilities, Gas Utilities, and Water Utilities a. For any minor civil division in which the boundaries of the authorized service area of an electric transmission and distribution utility, a gas utility, or a water utility, or other boundaries described above, are not coincident with the minor civil division boundaries, the utility must file maps of that service area meeting requirements of §§ 1(C) and 1(D) above. No later than the date that a utility must file distribution infrastructure maps pursuant to § 3(F) below, that utility's service area maps must additionally show the area in which utility actually provides service, as determined by the farthest extent of its distribution facilities that are or that can be used to provide service to consumers.b. For minor civil divisions where the boundaries of the authorized service area of the utility are coterminous with the minor civil division boundaries or includes the entire minor civil division, the utility may list those minor civil divisions in its terms and conditions in lieu of filing a map. The utility must state whether it actually provides service in each of the minor civil divisions listed, as determined by the farthest extent of its distribution facilities that are or that can be used to provide service to consumers.c. For minor civil divisions in which other boundaries described above are coterminous with the minor civil division boundaries or includes the entire minor civil division, the utility may provide a list of those minor civil divisions with its service area maps in lieu of filing a map. The utility must state whether it actually provides service in each of the minor civil divisions listed, as determined by the farthest extent of its distribution facilities that are or that can be used to provide service to consumers.4. Specific Requirements for Local Exchange Carriers. Except as provided in § 2(A)(5) below, local exchange utilities must file a map or set of maps that show the boundaries of each utility's local exchanges and, if an exchange contains more than one wire center, the wire center boundaries. It is not necessary for local exchange carriers to file a separate map or maps that show the utility's overall service area. No later than the date that a utility must file distribution infrastructure maps pursuant to § 3(F) below, that utility's service area maps must additionally show the area in which utility actually provides service, as determined by the farthest extent of its distribution facilities that are or that can be used to provide service to consumers, as determined by the farthest extent of its distribution facilities that are or that can be used to provide service to consumers.5. Exception for Competitive Local Exchange Carriers. A local exchange telephone utility that is not an incumbent local exchange carrier as defined in 47 U.S.C. §251(h) is not required to file the maps required by § 2(A)(4) above, but must instead file a description in its terms and conditions: a. for any service area authorized by the Commission for either facilities-based or resale service that is statewide or that is defined by the service area(s) or exchange boundaries of one or more incumbent local exchange carrier(s); orb. of any exchange whose boundaries are defined in its terms and conditions as coterminous with the boundaries of specified telephone exchange(s) or wire center(s) of an incumbent local exchange carrier.B. Changes to Service Areas When Commission Approval is Required. If a utility must obtain approval from the Commission to change its service area pursuant to 35-A M.R.S.A. §§1104, 1321, 2102, 2103, or 2104 or for any other reason, it must file an application for approval of the change pursuant to the applicable section. Upon ordering the approval of the service area change, the Commission must either approve the service area map filed with the application as being in compliance with its order and as a change to the utility's terms and conditions or, if the map requires corrections, order the utility to file a corrected map. The Commission delegates to the Director of Technical Analysis the authority to approve any corrected map filed in compliance with the Commission order. 1. Joint Filings If a proposed change to a boundary between the service areas of two or more different utilities is the result of an agreement between the affected utilities, the utilities must make a joint filing. If § 2(A) above (subject to the transitional timing provisions of § 2(G) below) requires any utility making the filing to have on file a map for the area that is the subject of the application, each such applicant must also file a proposed map or change to the existing service area map with the application, but the Administrative Director of the Commission will not separately docket the map as a proposed change to the utility's terms and conditions pursuant to 35-A M.R.S.A. §307.
C. Changes to Service Areas When Commission Approval is Not Required. If a utility does not need to obtain Commission approval pursuant to 35-A M.R.S.A. §2102, 2103, or 2104 to change its service area because no utility is providing similar service or has authority to do so, it must file a proposed change to its terms and conditions pursuant to 35-A M.R.S.A. §307. The proposed changes must be shown on the utility's service area map(s) or in its written terms and conditions as required by § 2(A) above.D. Changes to Telephone Exchange Boundaries. If a local exchange carrier proposes a change to a telephone exchange boundary that will not result in a change to the utility's overall service area, it must file a proposed change to its terms and conditions pursuant to 35-A M.R.S.A. §307. Except as provided in § 2(A)(5) above, the proposed changes must be shown on a map that complies with the requirements of § 2(A)(4) above.E. Other Changes to Service Area Maps. All changes to service area maps other than those described in §§ 2(B), 2(C), and 2(D) above, including changes to administrative districts and telephone wire center boundaries where the changes do not affect an exchange boundary, are not changes to a utility's terms and conditions. Those changes must take effect 10 days after they are filed with the Commission unless, within that period, the Director of Technical Analysis notifies the utility that the Commission staff has questions about a proposed change or believes the proposed change may contain mistaken information. When such notice is given, the Commission delegates to the Director of Technical Analysis the authority to approve either the changes that the utility proposed originally or in a revised submission.F. Required Filings; Number of Copies. Each utility subject to the requirements of this section must file two copies of its service area map with the Commission. Utilities must also file two copies of the maps in electronic form unless waived in advance by the Director of Technical Analysis for good cause shown.G. Filing Schedule; Transitional Requirements 1. Phase I. Investor-owned T&D utilities, gas utilities, and water utilities that serve over 5,000 customer accounts in Maine must file service area maps or descriptions permitted by § 2(A)(3) above by July 1, 2002 or at any time thereafter if the utility subject to this subsection obtains authorization after that date. Each ILEC must confirm that its paper copy exchange boundary maps currently on file with the Commission as part of its schedules of terms and conditions are correct and current, and must file a statement with the Commission stating that such maps are correct, or must file corrected paper copy maps (with a statement describing the corrections), by July 1, 2002. An ILEC map already on file that is correct and current and is so certified by the ILEC does not need to meet the scale requirements of § 1(C) above until such map is changed. ILECs must file electronic copy maps meeting requirements of § 1(D) by July 1, 2002.
2. Phase II. Consumer-owned T&D utilities, CLECs designated as ETCs, and water utilities that serve over 3,000 customer accounts in Maine but are not included in Phase I above, must file service area maps or descriptions permitted by §§ 2(A)(3) and 2(A)(5) above by April 1, 2004. CLECs designated as ETCs whose service area is identical with an underlying ILEC may file a statement to that effect in lieu of maps.3. Phase III. Water utilities that serve over 1,000 customer accounts in Maine but are not included in Phases I or II above must file service area maps or descriptions permitted by §§ 2(A)(3) above by April 1, 2007.4. Phase IV. Water utilities that serve over 250 customer accounts in Maine but are not included in Phases I, II, or III above must file service area maps or descriptions permitted by §§ 2(A)(3) above by April 1, 2010.5. Phase V. All water utilities not included in Phases I, II, III, or IV above must file service area maps or descriptions permitted by §§ 2(A)(3) above by April 1, 2013.6. Customer Accounts. For the purposes of this section, the number of a utility's customer accounts will be the number that exists as of December 31 of the calendar year prior to the date on which a filing is required.65- 407 C.M.R. ch. 140, § 2