CHAPTER 71
H.P. 146 - L.D. 157
An Act to Clarify Marketing Standards for Telephone Utilities and Competitive Electricity Providers
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §3203, sub-§6, as enacted by PL 1997, c. 316, §3, is amended to read:
6. Consumer protection standards; rules. The commission shall establish by rule consumer protection standards and standards to protect and promote market competition in order to protect retail consumers of electricity from fraud and other unfair and deceptive business practices. Notwithstanding Title 32, chapter 69, subchapter V or Title 32, section 4690-A, the commission may provide by rule that a competitive electricity provider may satisfy the requirements of subsection 4-A, paragraph A by obtaining from the customer oral authorization obtained by an independent 3rd party.
Sec. 2. 35-A MRSA §7106, sub-§1, ¶A, as enacted by PL 1997, c. 702, §1, is amended to read:
A. Except Notwithstanding Title 32, chapter 69, subchapter V or Title 32, section 4690-A, subsection 4, and except as otherwise provided by the commission by rule adopted pursuant to subsection 3, no a local or intrastate interexchange carrier may not initiate the change of a customer's local or intrastate carrier unless the change is verified by one of the following methods:
(1) Written authorization from the customer;
(2) Toll-free electronic authorization placed from the telephone number that is the subject of the change order; or
(3) Oral authorization obtained by an independent 3rd party.
Sec. 3. 35-A MRSA §7107, sub-§6, as enacted by PL 1999, c. 59, §1 and affected by §3, is amended to read:
6. Rulemaking. The commission shall adopt rules to implement this section. Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A. Rules adopted by the commission must at least:
A. Establish clear standards for interpreting and applying the state-of-mind standard applicable to billing agents who bill on behalf of service providers not properly registered with the commission;
B. Define types of evidence that constitute sufficient evidence of customer authorization in a manner that imposes the least economic and technical burdens on customers and service providers; and
C. With regard to direct-dialed telecommunications services, provide that evidence that a call was dialed from the number that is the subject of the charge is sufficient evidence of authorization for the charge for that call.
Notwithstanding Title 32, chapter 69, subchapter V or Title 32, section 4690-A, subsection 4, rules adopted by the commission pursuant to paragraph B may define "sufficient evidence of customer authorization" to include oral authorization obtained by an independent 3rd party.
Effective September 21, 2001, unless otherwise indicated.
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