65-407-880 Me. Code R. § 3

Current through 2024-25, June 19, 2024

Section 407-880-3 - APPROVAL OF ATTACHING ENTITIES

Any prospective attaching entity that is not attached to any joint-use utility poles in Maine prior to the effective date of this Chapter must obtain a Pole Attachment License from the Commission prior to attaching to any joint-use utility pole in Maine.

A.Application Requirements for Attaching Entities.

1.Evidence of Financial Capability.

All applications by attaching entities must include the entity's most recent financial disclosures. If an attaching entity does not make financial disclosures, it must include the most recent financial disclosures of its corporate parent. If the applicant is a newly formed entity that is not part of another organization, the Commission may accept other documentation to demonstrate financial capability.

2.Evidence of Technical Capability.

All applications by attaching entities must include a description of the entity's applicable industry experience, including the experience, if any, of the corporate parent of the attaching entity, and the experience of the individuals that will be responsible for the provision of service in Maine. Industry experience includes the telecommunications industry, electricity industry, pole attachments, and other experience related to pole attachments.

3.Authorization to Conduct Business in Maine.

All applications by attaching entities must include evidence that demonstrates that the entity is authorized to conduct business in Maine.

4.Application Information. An applicant must provide the following information:

a. Legal name and name(s) under which the attaching entity does or will do business in Maine;

b. Business street and mailing address;

c. Location and mailing address of any office available to the general public or Maine customers of the attaching entity;

d. Contact person, address, e-mail and telephone number for regulatory matters;

e. A list of all jurisdictions in which the attaching entity or any affiliated interest of the attaching entity is engaged or has been engaged in deploying pole attachments;

f. Whether the attaching entity or affiliated interest of the attaching entity has filed for bankruptcy within the past six years;

g. A copy of the documents which demonstrate the type of organization of the attaching entity (sole proprietor, corporation, partnership, association, or other business form);

h. The state(s) in which the attaching entity is incorporated or otherwise registered or licensed to do business and a copy of its registration or license number, where applicable; and

i. The name, business address, and title of each officer and director, partner, or other similar officer.

5.Commission Review.

The Commission will review applications and may request additional information. The Commission will issue a license, deny the application, or initiate a formal investigation of the application within 30 calendar days of the submission of a complete application. If the Commission requires additional time for the initial review, the Administrative Director, the Director of Telephone and Water Industries, the Director of Consumer Assistance, or the Presiding Officer assigned to a proceeding related to this Chapter may extend the review period for an additional 30 calendar days. In the event the Commission initiates a formal investigation, it must provide notice to interested persons.

6.Issuance Criteria.

The Commission will issue a license unless it finds that the attaching entity has not complied with all applicable licensing requirements of this Chapter, that the attaching entity does not have the financial and technical capability to conduct its business, or that sufficient reason exists to conclude that issuance of a license is not in the public interest.

7.Term of License.

Licenses are valid until revoked by the Commission or abandoned by the attaching entity.

8.Transfer of License.

A license cannot be transferred without prior Commission approval. A request for transfer of a license must be in writing accompanied by a completed license application from the transferee.

9.Abandonment of License.

A licensee cannot abandon service without providing at least 30 calendar days written notice to the Commission.

65-407 C.M.R. ch. 880, § 3