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Case Details
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Case Details:
Case Number:
2023-00052
Case Status:
Closed by Commission Order
Utility/Industry Type :
Communications
Utility/Industry Subtype :
Pole Attacher
Case Type :
COMPLAINT
Case Subtype :
RAPID RESPONSE
Pertaining to Utility/Company :
TOWN OF SOMERVILLE
Case Title :
RAPID RESPONSE COMPLAINT PERTAINING TO CONSOLIDATED COMMUNICATIONS AND THE TOWN OF SOMERVILLE
Initiating Filer :
COMMISSION, MPUC
Case Start Date :
3/1/2023
Assigned Staff :
Dale.Coty,
David.Braley,
Jordan.D.McColman,
Michael.R.Johnson,
amy.mills,
Jason.Marco
View Case References
Filings (61)
Data Requests (6)
Public Comments (2)
Active Party and Notification List (28)
Assigned Staff (6)
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Item No.
Date Filed
Description Of Filing
Filing Party
Filed By
No of Attachments
Deleted Filings
61
7/17/2024
Service and filing of Law Court Order
CONSOLIDATED COMMUNICATIONS/NORTHERN NE F/K/A/ FAIRPOINT
Hewitt, Andrea S.
2
60
7/3/2024
Notice of Appeal
NORTHERN NEW ENGLAND COMPANY, LLC. D/B/A CONSOLIDATED COMMUNICATIONS-NNE
Hewitt, William
4
59
6/13/2024
Order
COMMISSION, MPUC
COMMISSION, MPUC
1
58
6/4/2024
Order Regarding OPA Intervention
COMMISSION STAFF, CMS
COMMISSION STAFF, CMS
1
57
6/4/2024
OPA Motion for Approval of Petition to Intervene
OFFICE OF THE PUBLIC ADVOCATE
PUBLIC ADVOCATE, OFFICE OF THE
1
56
5/31/2024
Consolidated's Exceptions to the Examiners' Report
NORTHERN NEW ENGLAND COMPANY, LLC. D/B/A CONSOLIDATED COMMUNICATIONS-NNE
Hewitt, William
1
55
5/31/2024
Comments of Charter & Comcast on Examiners' Report
COMCAST OF MAINE/NEW HAMPSHIRE, INC., TIME WARNER CABLE NORTHEAST LLC
Shanedling, Abraham
1
54
5/13/2024
Examiners' Report
COMMISSION STAFF, CMS
COMMISSION STAFF, CMS
1
53
1/8/2024
Reply Brief of Consolidated
CONSOLIDATED COMMUNICATIONS/NORTHERN NE F/K/A/ FAIRPOINT
Hewitt, Andrea S.
1
52
12/21/2023
Order Regarding Extension Request
COMMISSION STAFF, CMS
COMMISSION STAFF, CMS
1
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DR Set ID
Set Description
Issue Date
No. of DR Questions
Propounded Upon
View Questions in Set
View Cover Letter/Instructions
Print
CONL-001
Consolidated's Data Requests Related to the Direct Testimony of Christopher Johnson
6/20/2023
28
TOWN OF SOMERVILLE
View Questions
CONL-002
Consolidated's Data Requests Related to the Direct Testimony of Mark Oulette
6/20/2023
7
TOWN OF SOMERVILLE
View Questions
CONL-003
Consolidated's First Set of Data Requests Served Upon Central Maine Power Company
10/30/2023
1
CENTRAL MAINE POWER COMPANY
View Questions
ODR-001
ODR-001 (ODRs from 6/29/23 Tech. Conf.)
7/5/2023
3
TOWN OF SOMERVILLE
View Questions
ODR-002
ODR-002 (ODRs from Oct 12, 2023 Tech Conf)
10/19/2023
9
CONSOLIDATED COMMUNICATIONS, INC.
View Questions
TOSOM-001
Town of Somerville's Data Requests Related to the Direct Testimony of Sarah Davis (CCI)
9/13/2023
9
CONSOLIDATED COMMUNICATIONS, INC.
View Questions
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Posted By
Posted Date
Comments
Attachment(s)
David R. Hill
formerly Chebeague.net, LLC
13 South Road Chebeague Island, ME 04017
Email ID: drhill@chebeague.net
Phone No.: 207-846-4126
4/9/2023
In 2013, Chebeague.net, LLC installed 1.9 miles of fiber optic cable on Chebeague Island with no make ready charges from either CCI (FairPoint at that time) or CMP. This despite the fact that several make ready actions were taken to accommodate the new Chebeague.net, LLC fiber run. CCI's and CMP's current demand for make ready payments contradicts their prior policy and actions. This next incident may not directly pertain to the current make ready issue, but it does demonstrate CCI's integrity. In their 2013 application for Connect America Fund Phase I, CCI represented Chebeague Island as an unserved area. The letter from FairPoint to the FCC accepting their reward "certifies?that to the best of the knowledge of FairPoint Communications, these locations are, in fact, unserved by fixed broadband or served with low speed internet." The list of unserved census blocks included Chebeague Island. This statement was made despite the fact that not only was Chebeague served by fixed broadband at speeds in excess of low speed internet; it was served via lines leased from CCI at $16.75 per month per subscriber. This statement enabled FairPoint to obtain funding to run fiber under Casco Bay and to unfairly compete with the incumbent local ISP, Chebeague.net, LLC. Clearly, CCI knew or should have known that Chebeague Island was a served area with high speed internet. The letter from FairPoint to the FCC is attached. Please direct any questions regarding this testimony to David R. Hill at the listed address/email. David R. Hill Former Chief Operating Officer Chebeague.net, LLC (dissolved 2016)
FCC-Fairpoint-Award.pdf
Adam Kagan
43 South Rd Chebeague Island, ME 04017
4/8/2023
I am a home-owner on Chebeague Island. Our community formed a broadband committee (of which I am a member) and negotiated an agreement with a service provider to manage what will be a municipally owned fiber-optic broadband internet system. My comments herein are my own and are not intended to reflect the broadband committee or the Town of Chebeague Island. I speak solely for myself. My house is on a main street but currently is under-served with only (15/1) DSL internet service. The lack of broadband connectivity means I can't work remotely, even though my job permits it. This diminishes the value of my property and has an adverse impact on our community because families with children, (like mine) can't rely on the legacy copper internet connection (also provided by Consolidated Communications). Though Consolidated complains of an unlawful taking and federal pre-emption, the commission should reject those claims. The State is within its right to promulgate rules in this area and further, the utility poles which Consolidated is so concerned about, are in the public right of way. These sections of the law were written to encourage broadband roll-outs like the one intended for Chebeague. Though Consolidated wishes a lengthy fight, the Commission should order make ready to begin immediately, with money for same held in escrow pending the outcome of Consolidated's likely litigation. As a home-owner and business-owner, I understand Consolidated's desire to maximize the investment of its aging and ailing infrastructure. But the law clearly permits communities like mine to avail itself of these protections. I urge the commission to find for the Town of Somerville (and all the similarly situated small towns in Maine) and order Consolidated to proceed to make-ready without delay. Thank you for your service.
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Notification List
Active Party List
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Name of Person/Company
Representing Company
Mailing Address
Email/Phone/Fax
Anton, Jason
OFFICE OF ATTORNEY GENERAL
6 State House Station
Augusta ME 04333
Email ID: jason.anton@maine.gov
Phone Ph: 207-626-8412
Fax:
Connolly Esq., Timothy D.
CENTRAL MAINE POWER COMPANY
162 Canco Road
Portland ME 04107
Email ID: Timothy.Connolly@avangrid.com
Phone Ph: 207-233-6420
Fax:
Costello, James
VERSANT POWER
One Canal Plaza, Suite 1000 PO Box 7320
Portland ME 04112 7320
Email ID: jcostello@curtisthaxter.com
Phone Ph: 207-774-9000
Fax:
Cyr, Paula Clerk
SHS 18
Augusta ME 04333
Email ID: paula.cyr@maine.gov
Phone
Fax:
Davis, Sarah
CONSOLIDATED COMMUNICATIONS, INC.
5 Davis Farm Road
Portland ME 04103
Email ID: Sarah.Davis@consolidated.com
Phone Ph: 207-535-4188
Fax: Fax: 207-797-5022
Denison, Mary
TOWN OF SOMERVILLE
POB 67 258 Main Street
Winthrop ME 04364
Email ID: mdenison@lakedenison.com
Phone
Fax:
Deprey, Elizabeth
OFFICE OF THE PUBLIC ADVOCATE
103 Water Street, 3rd FL
Hallowell ME 04347
Email ID: elizabeth.m.deprey@maine.gov
Phone
Fax:
Eysenbach, Hans
One Portland Square
Portland ME 04101
Email ID: heysenbach@verrilldana.com
Phone
Fax:
Gould Esq., Jan M
TOWN OF SOMERVILLE
P.O. Box 67
Winthrop ME 04364
Email ID: jgould@lakedenison.com
Phone Ph: 207-377-6953
Fax: Fax: 207-377-6953
Hevey, Richard
OFFICE OF THE PUBLIC ADVOCATE
112 State House Station
Augusta ME 04333 0112
Email ID: richard.p.hevey@maine.gov
Phone Ph: 207-557-0290
Fax:
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Staff Name
Role
Braley, David
Reviewer
Coty, Dale
Support Staff
Johnson, Michael
Staff Analyst
Marco, Jason
Staff Analyst
McColman, Jordan
Hearing Examiner
Mills, Amy
Hearing Examiner
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