65- 407 C.M.R. ch. 25, § 4

Current through 2024-46, November 13, 2024

Section 407-25-4 - COCOT Service

A. Prospective providers of COCOT service shall be required to undergo a Certification process as outlined in subsection H of this section.

B. COCOT instruments may be connected only to a Public Access Line furnished by the local exchange carrier franchised in the area in which the COCOT instrument is to be located. However, upon request by a prospective COCOT provider to furnish a Public Access Line in a Public Location, the local exchange carrier may, at its discretion, choose to install a central office implemented public pay telephone in lieu of a Public Access Line; provided that installation of such telephone be completed within thirty (30) days from local exchange carrier's receipt of the COCOT/Public Access Line application.

C. COCOTs in Public Locations shall conform to requirements of sections 2 and 5 of this Chapter. COCOTs in Semi-Public Locations shall conform to requirements of sections 2 and 6 of this Chapter.

D. All COCOTs shall be connected to the network under a tariffs one-party uncapped COCOT Public Access Line measured service rate if measured service is available in that area. If unavailable, COCOTs may be connected under a tariffs Public Access Line one-party message rate if available; otherwise, COCOTs may be connected under a tariffs COCOT Public Access Line flat rate until measured service becomes available.

E. Each local exchange carrier in the State shall file COCOT Public Access Line (PAL) tariffs within fourteen (14) days of receipt of Commission notification that an application for COCOT PAL service has been received for that telephone company's service territory. COCOT PAL tariffs currently approved and in effect shall remain effective.

F. Any and all costs for construction of outside plant necessitated by the introduction of COCOT service shall be borne by the COCOT service provider.

G. All charges incurred by the COCOT line shall be the responsibility of the COCOT service provider. Screening services shall be available to COCOT service providers as an option offered by the local exchange company.

H.Certification. Because the Public Utilities Commission finds that the existence of COCOTs serves the public convenience and necessity, the certification process shall be streamlined as follows:

1. Providers of COCOT service must abide by applicable tariffs of the local exchange carrier, the applicable rules and regulations of the Public Utilities Commission, and Maine Public utility laws. Toward that end, authorization to provide COCOT service and a proposal for a change in rates pursuant to section 7 of this Chapter will depend on completion of application form by the COCOT provider.

2. The application form shall be that appended to this Chapter, subject to modification by the Commission as necessary, and shall include:

a. All information requested on the application form; and

b. For COCOTs in semi-public locations, a description of the basis of those rates and how they relate to the cost of providing service, if service provided is proposed to be at rates which vary from those authorized for COCOTs in public locations.

3. Two (2) copies of the application form for each installation shall be submitted to the Public Utilities Commission by the COCOT applicant after completion of all information required by Section (H)(1) and (2). The Commission, through the Technical Analysis Division, shall either approve or reject the application and shall return one (1) date-stamped copy to the COCOT service provider. If the application is approved, the applicant shall present this date-stamped copy to the local exchange carrier from which service is to be provided. If the local exchange carrier chooses to install a location, the carrier shall promptly notify the COCOT applicant and the Public Utilities Commission. If a Public Access Line is to be furnished as requested, the carrier shall then add to the application:

a. The telephone number of the Public Access Line assigned to the COCOT instrument; and

b. The central office and type of location in which the COCOT instrument is to be located; and shall forward the completed certificate to the Public Utilities Commission. This paragraph shall not apply to certificate filings for the amendment of rates. A revised certificate must be prepared and submitted to the Public Utilities Commission in the event of a change in any of the information contained in the certificate.

I.Disconnection Procedures for COCOT Service.

1. All COCOTs are subject to applicable tariffs of the local exchange carrier, and the rules of the Public Utilities Commission. Failure to comply with applicable tariffs or rules shall be grounds for disconnection.

2. If the Public Utilities Commission finds that a provider of COCOT service is in non-compliance, it shall notify the local exchange company and request that such service be disconnected. Upon Commission request, or the local exchange company's own finding that its tariffs are being violated, the local exchange company shall mail to the COCOT provider a disconnection notice pursuant to paragraph 3 which indicates that unless the reason for non-compliance is removed within fifteen (15) days from the date of the notice, service to the COCOT location will be terminated unless the COCOT provider files a written protest with the Public Utilities Commission prior to such date. However, such notification requirements do not apply if continuation of the COCOT service would cause damage to the company's switched network, in which case the carrier may immediately disconnect to the extent necessary to protect the network. If the disconnection is due to nonpayment, such disconnection shall be made in accordance with the requirements of Chapter 86 of the Commission's Rules.

3. The following constitute the minimum requirements of a disconnection notice to providers of COCOT service, where such notice is required by this Rule:

a. The date on which the disconnection will occur.

b. The exact reason(s) for the disconnection and methods by which the disconnection can be avoided (e.g., necessary modifications to bring such COCOTs in to compliance), and/or other information provided by the Commission.

c. The necessary procedures for handling disputes, including:

(1) The address and telephone number of the local office of the telephone company that the COCOT provider may contact in reference to his or her account; and

(2) Notice that the provider may, if not satisfied with the resolution of the dispute proposed in the disconnection notice, file a complaint with, or seek mediation of the dispute from the Consumer Assistance Division of the Public Utilities Commission. The toll free telephone number of the Commission's Consumer Assistance Division (800-452-4699) shall be provided.

J.Discontinuance of Service

No COCOT provider shall discontinue service at an approved location unless it has informed the Commission at least thirty (3) days in advance of such discontinuance.

K. A certificate to provide COCOT service will become invalid six (6) months after the date of issuance if the COCOT installation has not been accomplished by then. Reapplication for approval to operate will be necessary if the installation will occur after that time.

65- 407 C.M.R. ch. 25, § 4