2705 ABANDONMENT OF SERVICE

2705.1 Any CLEC certificated by the Commission that proposes to abandon the provisioning of telecommunications services in the District shall file an application with the Commission not later than ninety (90) days prior to the proposed date of abandonment of service. This Section 2705 shall apply if a CLEC proposes to abandon the provisioning of telecommunications services in the District, 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 CLEC in the ordinary course of business is proposing only to (a) terminate service to an individual customer for reasons uniquely applicable to that customer (for instance, because the customer has failed to pay charges due to the CLEC); (b) withdraw a feature of a service (for instance, caller ID or call waiting); (c) limit availability of a service so that the service is available only to the CLEC's customers who already subscribe to that service; or (d) change a rate, term or condition for a service. The application shall contain, in the following order and specifically identified, 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, the date and order number of the Commission order that authorized the applicant to provide telecommunications services in the District, and the proposed abandonment of service date;
2. (b) A complete explanation of the reasons for the proposed abandonment 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 in whole, or only in part, and, if only in part, a description of the proposed abandonment (for instance, for a class of customers [such as residential customers or business customers] or customers located in specified geographic areas);
3. (c) A plan for the refund of any deposits collected from affected customers, with accrued interest (less any amounts due to the applicant);
4. (d) If the applicant proposes to abandon the provisioning of telecommunications services in the District 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 including a certification from the District of Columbia Office of Tax and Revenue indicating that there are no outstanding taxes due to the District of Columbia;
5. (e) A plan for the applicant to remove, maintain, or transfer any facilities in the District that would otherwise be abandoned;
6. (f) A statement of the number of customers, classified by residential or business customer, affected by the proposed abandonment of service;
7. (g) A statement of the number of customers affected by the proposed abandonment of service for whom the applicant receives universal service support;
8. (h) A statement of the date on which notice of the proposed abandonment of service was or will be sent to affected customers;
9. (i) A copy of the notice that was or will be sent to affected customers; and
10. (j) An affidavit verifying that all of the information in the application is true and correct.

2705.2 The applicant shall serve a copy of its abandonment of service application on the Office of the

People's Counsel on the same day that the application is filed with the Commission.

2705.3 Any CLEC that proposes to abandon service in the District shall notify each customer affected by the proposed abandonment in accordance with the customer notice provisions of Section 2706.5. Notice to customers shall be given in accordance with the customer notice provisions of Section 2706.5 even if the proposed abandonment of service is not otherwise subject to compliance with Section 2706.

2705.4 The applicant shall return all customer deposits for customers 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.

2705.5 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 the incumbent local exchange carrier or another CLEC 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 Section 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 Section 2705.5 to reimburse to a customer shall not exceed: (a) $ 50 per residence service line; and (b) $ 100 per business service line. The Commission may by order annually increase the maximum amount of the carrier charges to be reimbursed by the applicant under this Section 2705.5 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.

2705.6 Within ninety (90) days after receiving the abandonment application, the Commission shall either approve the application, reject the application, or request supplemental information. If, within ninety (90) days after receiving the abandonment application, the Commission does not either approve the application, reject the application, or request supplemental information, the application shall be deemed to have been approved. If the Commission requests supplemental information, the applicant has fifteen (15) days to provide the Commission with such supplemental information. If the Commission requests supplemental information and, by the later of thirty (30) days after receiving the supplemental information or ninety (90) days after receiving the abandonment application, the Commission does not either approve the application, reject the application, or request additional supplemental information, the application shall be deemed to have been approved.

2705.7 Approval of the abandonment of service application shall be subject to compliance with the applicable provisions of Section 2706 and the applicant shall comply with the applicable provisions of Section 2706.

2705.8 The Commission shall approve an abandonment of service application if:

(a) The CLEC 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 Section 2705.5; and

(e) The approval of the abandonment of service application would serve the public interest.

2705.9 No CLEC shall abandon service in the District without Commission approval in accordance with Section 2705.6 and, if Section 2706 is applicable, Section 2706.3(e)

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).