DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH  
MICHIGAN PUBLIC SERVICE COMMISSION  
PROCEDURES FOR TELECOMMUNICATIONS ARBITRATIONS AND  
MEDIATIONS  
(By authority conferred on the Michigan public service commission by section 213  
of 1979 PA 179, MCL 484.2213.)  
PART 1. GENERAL PROVISIONS  
R 484.701 Applicability.  
Rule 1. These rules govern practice and procedure before the Michigan public  
service commission in the arbitration proceedings required by section 252(b) of the  
federal telecommunications act of 1996, 47 USC 252(b), and in the mediation  
proceedings conducted under MCL 484.2203a, MCL 484.3106, MCL 484.3107, or  
MCL 484.3310(5)(b)(i) and (6)(b).  
History: 2011 AACS.  
R 484.702 Definitions.  
Rule 2. As used in these rules:  
(1) "Commission" means the Michigan public service commission.  
(2) "Interconnection agreement" means an agreement between 2 or more  
providers entered into under sections 251 and 252  
telecommunications act of 1996.  
of  
the  
federal  
(3) "Panel" means an arbitration panel.  
History: 2011 AACS.  
PART 2. ARBITRATION  
R 484.703 Filing of petition for arbitration.  
Rule 3. (1) The party initiating arbitration shall file a petition with the commission  
and serve it on the other party to the negotiations. Service of the petition shall be under  
the rules of practice and procedure before the commission, R 460.17101 et seq.  
(2) The first page of all petitions for arbitration shall set forth the date upon which  
the request for negotiation under section 252 of the federal telecommunications act of  
1996 was received and the dates 135 days, 160 days, and 9 months after the date of the  
request.  
(3) The petition shall specify and explain the issues for which arbitration is sought  
and the positions of the parties on each of those issues.  
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(4) The party initiating a petition for arbitration shall file with the petition all  
information upon which it intends to rely to support its position.  
(5) Within 25 days of the filing date, the party responding to the petition for  
arbitration shall file a response. The response shall include all information upon  
which that party intends to rely. A party responding to a petition may raise issues not  
included in the petition.  
(6) By stipulation signed by all parties, the petition for arbitration may be amended  
to restate the information described in subrule (2) of this rule.  
History: 2011 AACS.  
R 484.704 Designation of arbitration panel or arbitrator.  
Rule 4. (1) Arbitrations may be conducted by a single arbitrator or a panel.  
(2) If a panel is used, it shall consist of 1 or more members of the commission's  
staff to be appointed by the director of the telecommunications division and the  
director of the regulatory affairs division, and 1 administrative law judge appointed  
by the administrative law manager assigned to the commission. If a non-staff arbitrator is  
appointed, it shall be with the concurrence of the parties and may be a person employed  
by, or contracted with, the state of Michigan, or may be a non-employee contractor, who  
shall be engaged and compensated by the parties.  
(3) The administrative law judge or person performing the duties of the  
administrative law judge shall chair the panel, issue any communications to the parties,  
and rule on procedural matters.  
(4) The administrative law judge or person performing the duties of the  
administrative law judge shall send a letter to each party to the arbitration containing a  
schedule for the proceedings.  
History: 2011 AACS.  
R 484.705 Information for the panel or arbitrator; arbitration proceedings.  
Rule 5. (1) The arbitration shall not be patterned after a contested case proceeding,  
but rather shall be designed to inform the panel or arbitrator regarding the positions of  
the respective parties. As a result, the parties to the negotiations shall be the only parties  
to the arbitration.  
(2) There is no right to conduct discovery, although either party may request that  
the panel or arbitrator order the production of additional information from the  
opposing party.  
(3) The panel or arbitrator shall exercise discretion in determining whether the  
parties shall provide additional information or make live presentations. Any  
questioning shall be conducted by the panel or arbitrator rather than the parties.  
(4) The parties shall be present for the arbitration proceedings and shall provide the  
panel or arbitrator with additional information as requested.  
(5) Failure of a party to provide the required information or attend the arbitration  
proceedings may result in a default or a dismissal of the proceeding.  
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(6) Unless otherwise ordered by the panel or arbitrator, the parties shall submit a  
proposed decision of the panel or arbitrator within the time frame established by the  
panel or arbitrator. The proposed decision of the panel or arbitrator shall address each  
issue presented by the parties during arbitration.  
History: 2011 AACS.  
R 484.706 Decision of the panel or arbitrator.  
Rule 6. (1) The panel or arbitrator shall issue a written decision, with a brief  
explanation of the reasons for the decision on each issue in dispute, and shall serve that  
decision on the parties.  
(2) Unless the result would be clearly unreasonable or contrary to the public  
interest, the panel or arbitrator shall limit its decision on each issue to selecting the  
position of 1 of the parties.  
(3) The decision of the panel shall be reached by a majority vote.  
(4) The parties may file objections to the panel or arbitrator's decision within 10  
days of the issuance of the decision.  
(5) The parties to the arbitration may end the arbitration process at any time by  
settling all issues in dispute.  
(6) The commission shall issue an order approving, modifying, or rejecting the  
panel or arbitrator's decision and the resulting interconnection agreement.  
History: 2011 AACS.  
PART 3. MEDIATION  
R 484.707 Designation of mediator.  
Rule 7. For mediation required by statute, or for informal dispute resolution,  
the commission may designate a member of its staff, request the assignment of an  
administrative law judge from the state office of administrative hearings and rules,  
or designate a non-staff mediator to conduct the mediation. If a non-staff mediator is  
appointed, it shall be with the concurrence of the parties and may be a person  
employed by, or contracted with, the state of Michigan, or may be a non-employee  
contractor, who shall be engaged and compensated by the parties.  
History: 2011 AACS.  
R 484.708 Recommended settlement.  
Rule 8. The mediator shall issue a recommended settlement and may include such  
information in the recommended settlement as he or she determines is necessary to  
support the recommendation. This rule does not apply to disputes mediated  
pursuant to MCL 484.3310(5)(a) or MCL 484.3310(6)(a).  
History: 2011 AACS.  
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R 484.709 Recommended settlement disclosure.  
Rule 9. (1) The recommended settlement issued by the mediator shall be  
disclosed only to the parties to the mediation. The mediator's recommended settlement  
may be disclosed to the commission after the commission has issued a final order.  
(2) The administrative law judge assigned to any contested case proceeding arising  
from the mediation shall not be made aware of the acceptance or rejection by the  
parties of the recommended settlement, or the terms of the recommended settlement.  
The parties to the mediation shall not disclose or reveal the terms of the recommended  
settlement to anyone other than the parties to the mediation.  
(3) The parties shall not use the recommended settlement produced under these  
rules for any purpose unrelated to the mediation covered by these rules.  
History: 2011 AACS.  
R 484.710 Acceptance or rejection of recommended settlement.  
Rule 10. (1) This rule applies to mediations conducted under MCL 484.2203a or  
MCL 484.3310(5)(b)(ii) and (6)(b).  
(2) At the time the mediator serves the recommended settlement upon the parties,  
the mediator shall file the recommended settlement, in a separate envelope under seal,  
with the executive secretary of the commission along with a cover letter stating the  
recommended settlement is now being filed. In e-file cases, an electronic version of the  
recommended settlement shall not be posted to the web.  
(3) The parties shall file their acceptance or rejection of the recommended settlement  
in a separate envelope under seal with the executive secretary of the commission with a  
cover letter stating the party is now filing its position on the recommended  
settlement. At the same time, the parties shall serve their acceptance or rejection of the  
recommended settlement on the administrative law manager. The parties shall not  
serve their acceptance or rejection of the recommended settlement on each other.  
(4) The administrative law manager shall review the parties' filings and advise the  
executive secretary of the commission and the parties if a hearing is required by the  
applicable statute.  
(5) The executive secretary of the commission shall retain the recommended  
settlement and the parties' positions on the recommended settlement under seal until  
the commission has issued a final order after a contested case hearing.  
History: 2011 AACS.  
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