Section 407-201-7 - PENALTIES, REBATES OR RATE REDUCTIONS FOR NON-PRICE CAP ILECS The Commission may impose penalties or require a Non-Price Cap ILEC Service Provider to provide rebates or rate reductions if the Commission finds, after an investigation pursuant to Section 6 of this Chapter, that a Non-Price Cap ILEC Service Provider has failed to meet the service quality benchmarks established in Section 4(C) of this Chapter. The penalty provisions of 35-A M.R.S. section1508-A shall apply as described below.
A.Amount. The amount assessed after any individual investigation shall not exceed amounts authorized pursuant to 35-A M.R.S. section1508-A(1).B. Considerations Regarding the Amount. In determining the amount of a penalty, rebate or rate reduction the Commission shall take into account the following factors: 1. the severity of the Non-Price Cap ILEC Service Provider's failure to meet the service quality benchmark, including the intent of the Non-Price Cap ILEC Service Provider and the nature, circumstances, extent, and gravity of the failure; 2. the Non-Price Cap ILEC Service Provider's history including the number of quarters that the Non-Price Cap ILEC Service Provider successfully met or failed to meet the service quality benchmark;3. the amount necessary to deter future failures to meet the benchmark, taking into consideration the size of the Non-Price Cap ILEC Service Provider, as measured by its revenues, assets or number of customers; 4. the amount necessary to adequately compensate customers of the Non-Price Cap ILEC Service Provider for any degradation of service;5. the Non-Price Cap ILEC Service Provider's good faith attempts to comply with the ILEC benchmark; 6. steps the Non-Price Cap ILEC Service Provider has taken to ensure future compliance with the benchmark; and 7. such other matters as justice requires.65- 407 C.M.R. ch. 201, § 7