D.C. Mun. Regs. tit. 15, r. 15-2707

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 15-2707 - ABANDONMENT OF COPPER FACILITIES

2707.1

Applicability

This section applies when a TSP that has one (1) or more customers that are provided local exchange services over copper facilities (including, but not limited to, a class of customers such as residential customers or business customers, or customers located in specified geographic areas) proposes to abandon the provisioning of local exchange services over copper facilities. However, this section does not apply where a TSP in the ordinary course of business is proposing only to abandon copper facilities in order to resolve a service quality concern raised and agreed to by the customer with the TSP. Additionally, this section does not apply to an emergency repair situation in which copper facilities are replaced with fiber facilities in order to expedite resolution of out-of-service conditions for multiple customers.

2707.2

Public Notifications

Any TSP that seeks to abandon copper facilities used to provide regulated local exchange service shall file a notification of this abandonment with the Commission, OPC, and with:

(a) The electric and gas public utilities, competitive electricity suppliers, and competitive natural gas suppliers in the affected service area at least two hundred seventy (270) days before the proposed abandonment of copper facilities;

(b) Any other TSPs that provides regulated local exchange service to residential or business customers in the affected service area at least one hundred eighty (180) days before the proposed abandonment of copper facilities;

(c) Business customers in the affected service area at least 180 days before the proposed abandonment of copper facilities; and

(d) Residential customers in the affected service area at least ninety (90) days before the proposed abandonment of copper facilities.

2707.3

The notice to customers, which the TSP shall file with the Commission and OPC, shall include:

(a) The TSP's name and address;

(b) The name, telephone number, and email address of a contact person who can supply additional information about the proposed copper facilities abandonment;

(c) The implementation date of the copper facilities abandonment;

(d) The location, by geographic area, of the copper facilities abandonment;

(e) A statement indicating whether the copper facilities will be abandoned or removed; and

(f) A description of the reasonably foreseeable impact of the copper facilities abandonment, including changes to rates, and terms and conditions of service.

2707.4

In addition to the information required by Subsection 2707.3, the notice to business and residential customers shall include:

(a) A statement that the customer will still be able to purchase the existing local exchange service(s) to which he or she subscribes with the same functionalities and features as the service he or she currently purchases from the TSP, except that if this statement would be inaccurate, the TSP must include a statement identifying any changes to the service(s) and the quality, reliability, functionality and features thereof; and

(b) A toll- free telephone number for a customer help line, a URL for a related Web page on the TSP's Web site with relevant information, contact information for the Commission's Office of Consumer Services, including the URL for the Commission's consumer complaint portal.

2707.5

The notice to each business and retail customer shall be in writing unless the Commission authorizes in advance, for good cause shown, another form of notice. The notice shall:

(a) Be uniformly translated into another language when such notice is not written in the English language;

(b) Not include any statement attempting to encourage a customer to purchase a service other than the service to which the customer currently subscribes;

(c) Not include any marketing materials for unregulated services in the postal mail envelope containing the notice of copper facilities abandonment; and

(d) Not identify the existing services in the notice by a brand or name used for any unregulated fiber-based services.

2707.6

If the proposed abandonment of copper facilities will result in the discontinuance of regulated local exchange service, then an application for abandonment of service to the local exchange services market required by Section 2706 must be filed ninety (90) days before the abandonment of local exchange service.

2707.7

A TSP shall file with the Commission any notice of abandonment of copper facilities or Section 214(a) application filed with the FCC on the date that it was filed with the FCC.

D.C. Mun. Regs. tit. 15, r. 15-2707

Final Rulemaking published at 51 DCR 10001 (October 29, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 9020, 9036 (October 21, 2011); amended by Final Rulemaking published at 64 DCR 12447 (12/8/2017); amended by Final Rulemaking published at 66 DCR 6383 (5/24/2019)

Authority: The Public Service Commission of the District of Columbia (Commission), hereby gives notice, pursuant to section 34 -802 of the District of Columbia Official Code and in accordance with section 2 -505 of the District of Columbia Official Code.