
<p> External Affairs Report September 2014 Fairpoint Rate Case (Docket No. 13-340). On September 9, the Commission deliberated the Examiner's Report in the FairPoint Rate Case. While the rationales differed among the Commissioners, all three agreed that there should be no grant of Maine USF support to FairPoint because they had not sufficiently demonstrated that the revenues they required could not be recovered fully from their own regulated and non- regulated services. Additionally, there was widespread agreement, although it is not clear if this will go into the group Order, that a hybrid competitive-regulated company can never engage in rate of return regulation because the Commission lacks the ability to ensure proper rate design among all segments of the company's business. The form of the final Order, when it is released, will include the group findings and then each Commissioner will also submit a Concurring Opinion which will set out why they reached the decisions they did and, to the extent possible, what the appropriate shortfall number would be under the structure that the individual Commissioners believe would have been an appropriate revenue requirement amount if the Commission had been able to exercise traditional rate of return oversight.</p><p>Utility Accommodation Policy. The Utility Coalition led by Jim Cohen has managed to secure an agreement from MDOT to have further discussions on the Utility Accommodation Policy prior to forwarding the Rule to the Secretary of State for final adoption. It is not clear whether this willingness to talk will lead to a willingness to reopen the rulemaking.</p><p>Dig Safe Inquiry (14-192) / Dig Safe Rulemaking (14-248). On August 25, the Commission issued a Notice of Rulemaking on the Dig Safe issues. In the NOR, the Commission proposed to amend the Rule regarding drop lines to not penalize companies who do not mark drop lines when the drop line is the only facility in the excavation location. In addition, the NOR asks whether "in-person" notification of non-member operators could include telephone calls. Finally, the Commission addressed TAM's comments regarding mandatory participation in the OKTODIG website by non-member operators by indicating that the obligation already exists. Preliminary comments are due by September 19. A public Hearing will be held on September 24. Final comments are due October 6.</p><p>POLR Questions (Docket No. 13-340). At the conclusion of the case conference on this issue it appeared that the next step would be the Staff issuing suggested topics for technical conferences and seeking input on those issues, what other issues should be included, and appropriate timing of any technical conferences. To date the Staff has yet to send out any further information and has yet to schedule any technical conferences.</p><p>Questions for House Commerce Committee. On August 22, the House of Representative Committee on Energy and Commerce issued a white paper regarding the revisions of the Telecommunications Act. In this white paper, the Commerce Committee requested comments on 8 issues pertaining to Universal Service and how it should be implemented going forward. These comments are due September 18. TWC/Comcast Merger (FCC 14-57). On August 25, several Maine RLECs filed a Petition to Deny the Merger on the grounds that the merger would be harmful to universal service in rural parts of the Country. It does not appear that any other petitioners have addressed the overall Universal Service issue in this proceeding. Reply comments are due September 23.</p>
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