65- 407 C.M.R. ch. 296, § 1

Current through 2024-25, June 19, 2024

Section 407-296-1 - General Provisions and Definitions

A.Scope of Rule

This Chapter applies to local exchange carriers, interexchange carriers, and resellers of both local exchange and interexchange telephone service in Maine.

B.Definitions

1.Authorized Carrier. An "authorized carrier" is: 1) any telecommunications carrier that submits a change, on behalf of a customer, in the customer's selection of a provider of telecommunications service with the customer's authorization verified in accordance with the procedures specified in this rule; or 2) any telecommunications carrier to which a customer has presubscribed for telecommunications service (e.g. local exchange, intrastate toll, interstate toll, or international toll service).

2.Customer. A "customer" is any person who has agreed to receive, been accepted and is receiving telecommunication service or has agreed to be billed for the same, including that person's spouse or legal guardian. For businesses, "customer" also includes a person designated as the contact person for telecommunications services or an officer or owner of the business.

3.Executing Carrier. An "executing carrier" is any telecommunications carrier that performs the physical operations needed to accomplish a request that a customer's telecommunications carrier be changed. A carrier may be treated as an executing carrier, however, if it is responsible for any unnecessary delays in the execution of carrier changes or for the execution of unauthorized carrier changes, including fraudulent authorizations.

4.Letter of Agency (LOA). A "letter of agency" is a document containing a customer's signature that authorizes a change to a customer's preferred carrier selection.

5.Initiation of a Change of Carrier. The "initiation of a change of carrier" is defined in the definitions "executing carrier" and "submitting carrier" of this rule.

6.Non-executing Carrier. A "non-executing carrier" is an executing carrier that is providing a telecommunications service (either directly or indirectly through an affiliate) that is the subject of an authorized change who fails to execute that authorized change.

7.Preferred Carrier. A "preferred carrier" is a carrier to which a customer has presubscribed for local, intrastate, interstate, or international telecommunications service.

8.Preferred Carrier Freeze. A preferred carrier freeze is the process by which a customer's selection of a preferred telecommunications carrier cannot be changed without the customer's express authorization, as prescribed in this rule.

9.SubmittingCarrier. A "submitting carrier" is a telecommunications carrier that: 1) requests on behalf of a customer that the customer's telecommunications carrier be changed; and 2) seeks to provide retail services to the end user customer. A carrier may be treated as a submitting carrier, however, if it is responsible for any unnecessary delays in the submission of carrier changes or for the submission of unauthorized carrier changes, including fraudulent authorizations.

10.Unauthorized Carrier. An "unauthorized carrier" is any telecommunications carrier that submits a change, on behalf of a customer, in the customer's selection of a provider of telecommunications service but fails to obtain the customer's authorization verified in accordance with the verification procedures specified in this rule.

11.Unauthorized Change. An "unauthorized change" is a change in a customer's selection of a provider of telecommunications service that was made without authorization verified in accordance with the verification procedures specified in this rule.

65- 407 C.M.R. ch. 296, § 1