2705 ABANDONMENT, REDUCTION, OR IMPAIRMENT OF SERVICE

2705.1 Any TSP certificated by the Commission that proposes to abandon, reduce or impair the provisioning of telecommunications services in the District of Columbia shall file an application with the Commission no later than ninety (90) days prior to the proposed date of abandonment, reduction or impairment of service. This Section 2705 shall apply if a TSP proposes to abandon, reduce or impair the provisioning of telecommunications services in the District of Columbia, either in whole or in part (including, but not limited to, for a class of customers, such as residential customers or business customers or for customers located in specified geographic areas). However, this section does not apply where a TSP in the ordinary course of business is proposing only to:

1. (a) Terminate service to an individual customer for reasons applicable to that customer (for instance, because the customer has failed to pay charges due to the TSP);
2. (b) Withdraw a discretionary service (for instance, caller ID or call waiting) or competitive service included in Price Cap Plan 2008;
3. (c) Limit availability of a service so that the service is available only to the TSP's customers who already subscribe to that service; or
4. (d) Change a rate, term or condition for a service.

2705.2 The abandonment of service application shall contain, in the following order and specifically identify the following information:

1. (a) The applicant's name, address, telephone number, fax number, the name under which the applicant is providing service in the District of Columbia, the date and order number of the Commission order that authorized the applicant to provide telecommunications services in the District of Columbia, if applicable, and the proposed abandonment of service date;
2. (b) Description of the nature of the proposed abandonment, reduction or impairment of service;
3. (c) A complete explanation of the reasons for the proposed abandonment, reduction or impairment of service, including, but not limited to, a statement as to whether the applicant proposes to abandon the provisioning of telecommunications services in the District of Columbia in whole, or only in part, and if only in part, a description of the proposed

abandonment, reduction or impairment of service (for instance, for a class of customers, such as residential customers or business customers, or, customers located in specified geographic areas);

1. (d) A plan for the refund of any deposits collected from affected customers, with accrued interest less any amounts due to the applicant;
2. (e) If the applicant proposes to abandon the provisioning of telecommunications services in the District of Columbia in whole, a description of the arrangements made for payment of any outstanding taxes, fees, or other amounts owed to the Commission or any other agency of the District of Columbia;
3. (f) A statement as to whether the applicant owns facilities in the District of Columbia, and if so, a plan for the applicant to remove, maintain, or transfer any facilities in the District of Columbia that would otherwise be abandoned;
4. (g) An identification of the geographic area involved and date on which the applicant desires to make the proposed abandonment, reduction, or impairment of service effective;
5. (h) A statement of the number of customers, classified by residential or business customer, affected by the proposed abandonment, reduction or impairment of service;
6. (i) A statement of the number of customers affected by the proposed abandonment, reduction or impairment of service for whom the applicant receives universal service support;
7. (j) A statement of the date on which notice of the proposed abandonment, reduction or impairment of service will be sent to affected customers;
8. (k) A copy of the notice that will be sent to affected customers;
9. (l) If the abandonment, reduction or impairment of service application is filed because the applicant is discontinuing TDM-based local exchange service, a copy of the application filed with the Federal Communications Commission pursuant to 47 CFR Part 63;
10. (m) A statement of the factors showing that neither present nor future public interest, convenience and necessity would adversely be affected by the granting of the application; and

(n) An affidavit signed by a company officer verifying that all of the information in the application is true and correct.

2705.3 The applicant shall serve a copy of its abandonment, reduction or impairment of service application on the Office of the People’s Counsel on the same day that the application is filed with the Commission.

2705.4 Any TSP that proposes to abandon, reduce, or impair service in the District of Columbia shall notify each customer affected by the proposed abandonment in accordance with the customer notice provisions of Subsection 2706.5. Notice to customers shall be given in accordance with the customer notice provisions of Subsection 2706.5 even if the proposed abandonment, reduction or impairment of service is not otherwise subject to compliance with Section 2706.

2705.5 The applicant shall return all customer deposits affected by the proposed abandonment of service, with accrued interest less any amounts due to the applicant within seventy-five (75) days of the abandonment of service application filing date. Upon full payment of these deposits, the applicant shall notify the Commission that all such deposits have been paid.

2705.6 The applicant shall reimburse its customers affected by the proposed abandonment of service for any carrier charges including, but not limited to, service order charges and service installation charges directly associated with the transfer of those customers to another TSP and otherwise chargeable to the customers, as long as the transfer occurs within thirty (30) days of the notification to the customer of the applicant’s abandonment of service. Except where the customer is transferred to an Acquiring Carrier (as defined in Subsection 2706.2) or to an “acquiring carrier” (as such term is used in 47 CFR § 64.1120), the amount of the carrier charges that an applicant shall be required by this subsection to reimburse to a customer shall not exceed:

(a) Fifty dollars ($50) per residence service line; and

(b) One hundred dollars ($100) per business service line.

2705.7 The Commission may by order annually increase the maximum amount of the carrier charges to be reimbursed by the applicant under Subsection 2705.6 by a percentage amount equal to the percentage increase in the Consumer Price Index – All Urban Consumers applicable to the District of Columbia as determined by the United States Government. Upon full payment of these amounts, the applicant shall notify the Commission that all such amounts have been paid.

2705.8 Within thirty (30) days after receiving the abandonment, reduction or impairment of service application, the Commission shall either approve the application, reject

the application, or request supplemental information.

2705.9 If, within thirty (30) days after receiving the abandonment, reduction or impairment of service application, the Commission does not either approve the application, reject the application, or request supplemental information, the application shall be deemed approved.2705.10 If the Commission requests supplemental information, the applicant has fifteen (15) days to provide the Commission with such supplemental information.2705.11 If the Commission requests supplemental information and, by the later of thirty (30) days after receiving the supplemental information the Commission does not either approve the application, reject the application, or request additional supplemental information, the application shall be deemed approved.2705.12 Approval of the abandonment, reduction or impairment of service application shall be subject to the applicant's compliance with the applicable provisions of Section 2706.2705.13 The Commission shall approve an abandonment, reduction or impairment of service application if:- (a) The TSP has satisfied outstanding debts owed the Commission or any agency of the District of Columbia government;

- (b) The applicant has complied with this Section 2705, the applicable provisions of Section 2706, and all other applicable Commission rules and requirements of applicable law;

- (c) The applicant has developed and implemented a comprehensive plan for returning customer deposits to customers affected by the proposed abandonment of service, with accrued interest less any amounts due to the applicant, and, if the applicant proposes to abandon its provisioning of telecommunication services in the District in whole, satisfying outstanding debts owed the Commission and/or other District agencies;

- (d) The applicant has satisfied all switchover fees incurred by its customers affected by the proposed abandonment of service as required by Subsection 2705.6; and

- (e) The approval of the abandonment, reduction or impairment of service application would serve the public interest. If the applicant is discontinuing TDM-based service, then the public interest consideration will also consider the factors in 47 C.F.R. § 63.602(b).

2705.14 No TSP shall abandon, reduce, or impair service in the District of Columbia without Commission approval. Upon receiving Commission approval for the abandonment of service, the applicant shall void any existing interconnection agreements by informing the Commission and any TSP with which the applicant has signed an interconnection agreement of the abandonment of service.

SOURCE: Final Rulemaking published at 48 DCR 4664 (May 25, 2001); as amended by Final Rulemaking published at 51 DCR 10001 (October 29, 2004); as amended by Final Rulemaking published at 52 DCR 724 (January 28, 2005); as amended by Final Rulemaking published at 55 DCR 12144 (November 28, 2008); as amended by Final Rulemaking published at 58 DCR 9020, 9023 (October 21, 2011); as amended by Final Rulemaking published at 66 DCR 6383 (May 24, 2019); as amended by Final Rulemaking published at 69 DCR 001717 (March 4, 2022).