Maine Revised Statutes

Me. Rev. Stat. tit. 35-A, § 9103 (2026)

Conditions of alternative form of regulation

✓ current as of May 2026

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(REPEALED)

SECTION HISTORY

PL 1993, c. 638, §2 (NEW). PL 2007, c. 550, §1 (AMD). MRSA T. 35-A §9106 (RP).

Notes of Decisions

Cited in 4 cases, 1996–2005 · leading case: Off. of Pub. Advocate v. Pub. Utils. Comm'n, 866 A.2d 851 (Me. 2005).

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Off. of Pub. Advocate v. Pub. Utils. Comm'n, 866 A.2d 851 (Me. 2005). · cites it 9× “3 We held that the Commission failed to comply with the mandate of 35-A M.R.S.A. § 9103, which “does not allow the Commission to choose incentive based regulation of telephone utilities without making a specific determination based on at least some comparison of local rates…”

Off. of The Pub. Advocate v. Pub. Utils. Comm'n & Verizon New England, Inc., 816 A.2d 833 (Me. 2003). · cites it 3× “35-A M.R.S.A. § 9103 (emphasis added). 3 [¶ 7] In 1995, the Commission adopted an AFOR for NYNEX 4 that was scheduled to last “for the next 5 years, with a possible extension of as much as another 5 years if ordered by the Commission.”

Am. Ass'n of Retired Persons v. Pub. Utils. Comm'n, 678 A.2d 1025 (Me. 1996). · cites it 2× “” 35-A M.R.S.A. § 9103. In its appeal, AARP focuses on the first of these objectives, that "ratepayers as a whole, and residential and small business ratepayers in particular, may not be required to pay more for local telephone services as a result of the implementation of an…”

New England Tel. & Tel. Co. v. Pub. Utils. Comm'n, 1997 ME 222 (Me. 1997). “The AFOR Act establishes that the period of the alternative form of regulation “may not be less than 5 years nor exceed 10 years,” 35-A M.R.S.A. § 9103(1) (Supp.1996), and provides that the utility must be entitled to a fair rate of return over the period of the AFOR.”

— Me. Rev. Stat. tit. 35-A, § 9103(1) — 4 cases

Off. of The Pub. Advocate v. Pub. Utils. Comm'n & Verizon New England, Inc., 816 A.2d 833 (Me. 2003). “35-A M.R.S.A. § 9103 (emphasis added). 3 [¶ 7] In 1995, the Commission adopted an AFOR for NYNEX 4 that was scheduled to last “for the next 5 years, with a possible extension of as much as another 5 years if ordered by the Commission.”

Am. Ass'n of Retired Persons v. Pub. Utils. Comm'n, 678 A.2d 1025 (Me. 1996). “” 35-A M.R.S.A. § 9103. In its appeal, AARP focuses on the first of these objectives, that "ratepayers as a whole, and residential and small business ratepayers in particular, may not be required to pay more for local telephone services as a result of the implementation of an…”

Off. of Pub. Advocate v. Pub. Utils. Comm'n, 866 A.2d 851 (Me. 2005). “3 We held that the Commission failed to comply with the mandate of 35-A M.R.S.A. § 9103, which “does not allow the Commission to choose incentive based regulation of telephone utilities without making a specific determination based on at least some comparison of local rates…”

— Me. Rev. Stat. tit. 35-A, § 9103(4) — 1 case

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