65- 407 C.M.R. ch. 280, § 5

Current through 2024-25, June 19, 2024

Section 407-280-5 - AVAILABILITY OF SERVICES AND FACILITIES

A.Requests. Any person may make a bona fide request to a local exchange carrier (LEC) for a specific service, using the LEC's network not available in the requester's area or for access to its network, facilities. The request shall specify particular locations, times, and quantities desired by the requester. A request that is made to managerial, marketing or business office personnel shall constitute a bona fide request if it complies with the requirements of this subsection.

B.Responses. the local exchange carrier shall respond to a bona fide request. Responses shall take one of the following forms:

(1)Request Satisfied. The request will be considered satisfied if within 2 months of the request the telecommunications local exchange carrier has provided the requested service or facilities, or has agreed to provide it within 3 months of the request pursuant to special contract or rate schedules approved by the Commission.

(2)Request Not Satisfied. Within 2 months after receipt of a request for service or facilities if the local exchange carrier has not provided the requested service or facilities, and has determined that it will not provide it, or will not seek Commission approval of schedules or contracts governing such provision, it shall notify the Commission and the requester in accordance with the requirements in subsection C(1) below.

(3)Disposition of Request Not Resolved. Within 2 months after receipt of a request for service or facilities or if the local exchange carrier has not determined whether the requested service or facilities will be provided, it shall notify the Commission and the requester in accordance with the requirements of subsection C(2) below.

C.Notification Requirements.

(1)Request Not Satisfied. Notification required to be made in subsection B(2) above shall contain the following information:

(a) Identification of the person or other entity making the request;

(b) The date on which the request was made and/or received, and any date(s) on which the service or provision of facilities was requested to be effective;

(c) Any determination made by the localexchange carrier as to the bona fide nature of the request;

(d) The specific reason (s) that the requested service or facilities cannot or will not be provided, or reason (s) that the local exchange carrier's existing schedules, operating practice, contract(s), or corporate policy should not be changed to accommodate the request within the time requested or within 3 months after receipt of the request; and

(e) A report of any offer made by the local exchange carrier to the requester to furnish a similar or substitute service or facilities and the disposition of that offer.

(2)Disposition of Request Not Resolved. The notification which is required to be made in subsection B(3) above shall contain the following information:

(a) The identification of the person or other entity making the request;

(b) The date on which the request was made and/or received, and any date(s) on which the service or provision of facilities was requested to be effective;

(c) A description of any preliminary findings made with respect to provision of the requested service or facilities and

(d) The anticipated date on which a determination as to the provision of service or facilities will be made.

(3)Filing of Responses. Notification required to be made under this subsection must be filed with the Commission within 2 months after receipt of the request. A copy of the notification must be provided to the requester.

D.Commission Review. A request may obtain review of an local exchange carrier's refusal to provide a requested service or facility pursuant to section 15 of this Chapter.

65- 407 C.M.R. ch. 280, § 5