DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

PUBLIC SERVICE COMMISSION

RESPONSIBILITIES OF PROVIDERS OF BASIC LOCAL EXCHANGE SERVICE THAT CEASE TO PROVIDE THE SERVICE

Filed with the secretary of state on

These rules become effective on March 21, 2021

(By authority conferred on the public service commission by sections 202 and 213 of the Michigan telecommunications act, 1991 PA 179, MCL 484.2202 and 484.2213)

R 484.1001, R 484.1002, R 484.1003, R 484.1004, R 484.1005, R 484.1006, R 484.1007, R 484.1008, and R 484.1009 of the Michigan Administrative Code are amended, as follows:

PART 1.  GENERAL PROVISIONS

R 484.1001  Applicability.

   Rule 1.  These rules apply to providers of basic local exchange service that cease to provide service to any segment of end users or geographic area, go out of business, or withdraw from the state, including the transfer of customers to other providers and the reclaiming of unused telephone numbers.

R 484.1002  Definitions.

   Rule 2. (1)  As used in these rules:

   (a) “Act” means the Michigan telecommunications act, 1991 PA 179, MCL 484.21021 to 484.26013.

   (b) “Commission” means the Michigan public service commission.

   (c) “Customer” means the person that is the end subscriber of the retail telecommunications service.

   (d) “License” means a license to provide basic local exchange service issued pursuant to the act. 

   (e) “Provider” means a person, firm, partnership, corporation, or other entity that provides retail basic local exchange service as defined by section 102(b) of the act.

   (f) “Reclamation” means the process of removing active and non-active telephone numbers from the inventory of a provider that ceases to provide basic local exchange service.

   (g) “Wholesale provider” means a person, firm, partnership, corporation, or other entity that provides a resale or local wholesale basic local exchange service product to a provider.

   (2) A term defined in the act that is not defined in this rule has the same meaning when used in these rules.

R 484.1003 Expiration.

   Rule 3. These rules expire 3 years from the effective date of the rules.  The commission may, prior to before the expiration of the rules, promulgate new rules. 

PART 2. RESPONSIBILITIES OF PROVIDERS AND WHOLESALE PROVIDERS INVOLVED IN A DISCONNECTION DISPUTE

R 484.1004 Attempt at resolution.

   Rule 4. In the case of a billing dispute between a provider and a wholesale provider, the parties shall make a good faith effort to work with each other to determine what portion, if any, of the bill for resale or the purchase of a local wholesale product provided by the wholesale provider to the provider is disputed and which portion is undisputed. The wholesale provider and the provider shall work together to resolve the billing dispute and arrange for payment of the undisputed charges, pursuant to the agreement between the wholesale provider and the provider.

R 484.1005 Notification of discontinuance.

   Rule 5.  (1) When the wholesale provider plans to disconnect a service that will make the provider unable to furnish basic local exchange service to its customers due to a dispute concerning resale or the purchase of a local wholesale product, the wholesale provider shall notify the commission and the provider of this disconnection in writing not less than 45 days from the date of the impending disconnect.

   (2)  Notice required under subrule (1) of this rule must include, to the extent known by the wholesale provider, but not be limited to, all of the following:

   (a)  The name, address, and account number or numbers of the provider.

   (b)  The number and type of customers to be disconnected.

   (c)  An indication of whether the wholesale provider is furnishing resale service or a local wholesale product.

   (d)  The reason for the disconnection.

   (e)  A statement or citation describing where the right to disconnect or deny service is found, such as in an interconnection agreement or other contract.

   (f)  If the dispute is related to billing and charges, an estimate of the charges owed and amounts of those charges that are disputed and undisputed and the amount required to be repaid to avoid disruption of services. 

   (g)  The date and time, or range of dates and times, when the wholesale provider intends to discontinue the service.

   (3)  The wholesale provider shall notify the commission as soon as reasonably practicable but no less than 1 business day prior to before the date of the notice required by the provider under subrule (4) of this rule if the notice to discontinue service to the provider has been modified or withdrawn.

  (4)  Within 10 business days of receiving notice from the wholesale provider, the provider shall notify all of its affected customers, the governor of the state of Michigan, and the commission of the discontinuance of service pursuant to 47 CFR 63.71 (2016) (2018) and any other federal rules applicable to discontinuance of basic local exchange service.  Notice to the commission must include both of the following:

   (a) A statement of the company’s prospective intent for the disposition of its license and any tariffs on file with the commission.

   (b) A list of customers being served by the provider that may be affected by the discontinuance of service, which shall must include billing name, billing address, and service telephone number.  For non-published numbers, only the NPA-NXX must be provided.  The list must also identify end users of the provider that are public utilities, governmental agencies, schools, or medical facilities.

(5) If the provider fails to provide the notice under subrule (4) of this rule by the 11^th business day, the commission may post a notice of the discontinuance on its website. 

(5) (6) These rules do not relieve a provider from any obligations it has under section 313 of the act, MCL 484.2313.

(6) (7) The provider shall contact the commission to provide periodic updates of the status of the disconnection and transition of its customers as requested by commission staff.

(7) (8) The provider shall return all deposits to customers and shall apply all appropriate credits to customer accounts associated with the discontinued service within 30 days of the discontinuance. 

R 484.1006 Notification of transfer of customer base.

   Rule 6.  (1) A provider that is acquiring all or part of a customer base from another provider shall comply with the transfer of customer base notice requirements as set forth in 47 CFR 64.1120(e) (2008) (2018) and any other state and federal rules applicable to the transfer of all or part of a customer base.  The provider shall submit a copy of this notice to the commission at the same time as it files its application with the federal communications commission.

   (2) Notice to the commission must include both of the following:

   (a) A statement of the prospective intent for the disposition of the license and any tariff of the company that is transferring its customer base.

   (b) The number and type of customers affected by the transfer.

   (3)  If the commission considers it necessary to protect the public interest, it may institute a longer period of time for the transition of a customer base to another provider, but not to exceed 60 days in length.

R 484.1007 Reclamation of telephone numbers.

   Rule 7. (1) Inactive telephone numbers of a provider that ceases to provide service are considered abandoned.

   (2) The provider ceasing to provide service shall contact the North American numbering plan administrator, the national number pool administrator, and the national portability administration center regarding the NPA-NXX-Xs affected by the discontinuation of service.

  (3) The commission staff shall work with the North American numbering plan administrator, the national number pool administrator, and the national portability administration center to assist in the reclamation of numbering resources.

R 484.1008 Resolution of disputes between providers.

   Rule 8. If a provider disputes disconnection by another provider, the providers shall follow the appropriate procedures for resolution as set forth in their interconnection agreement and may apply to the commission for resolution as allowable under the act.

PART 3. REMEDIES

R 484.1009 Remedies.

   Rule 9. Violation of these rules may result in penalties issued under section 601 of the act, MCL 484.2601, including, but not limited to, revocation of a license to provide basic local exchange service.