Department of Licensing and Regulatory Affairs
Public Service Commission
Administrative Rules for Unbundled Network Element and Local Interconnection Services
Rule Set 2021-41 LR
NOTICE OF PUBLIC HEARING
Tuesday, October 5, 2021
09:00 AM
The public hearing will be held virtually via Microsoft Teams. Any person may attend and participate in
this hearing via the following web link or by dialing the number below at the time of the hearing.
Phone Conference ID: 409 788 013#
The Department of Licensing and Regulatory Affairs will hold a public hearing to receive public
comments on proposed changes to the Unbundled Network Element and Local Interconnection Services
rule set.
The Michigan Public Service Commission is considering the re-adoption of rules governing unbundled
network elements and local interconnection services, located at Mich Admin Code, R 484.71 to 484.75.
The Commission will hold a public hearing to solicit comments from anyone who wishes to comment on
the proposed re-adoption.
These rules, previously re-promulgated and put into effect in 2013, 2016, and 2019, specify the minimum
quality standards for provision of unbundled network elements (UNEs) and local interconnection services
applicable to incumbent local exchange carriers (ILECs) interconnecting with competitive local exchange
carriers (CLECs), to enable efficient competition in the marketplace in the provision of basic local
exchange service. R 484.74 requires that the minimum quality standards for the provision of UNEs and
local interconnection by an ILEC be either the standards set out in the final order in an industrywide
proceeding before the Commission, or, where there is no such order, the standards adopted by the
interconnecting parties pursuant to their interconnection agreement (ICA) approved by the Commission.
The only current, final order in an industry-wide proceeding—the September 24, 2020 order in Case No.
U-11830—applies to AT&T Michigan (the ILEC) and all CLECs interconnecting with AT&T Michigan.
Thus, all other ILECs are subject to the alternative standard; that is, those standards adopted by the
ILEC and CLEC in their ICA approved by the Commission.
The rules apply to large ILECs in their offering of wholesale UNEs and interconnection. Small ILECs
typically do not offer UNEs on a wholesale basis. The few CLECs engaged in offering wholesale
services are excluded from these rules due to the small amount of activity that they generate and the
costs that would be incurred to implement processes to address and monitor such rules. The rules are
based upon existing negotiation processes between ILECs and CLECs, as provided for by 47 USC 251
and 252, and standards established through industry-wide proceedings that occur between the individual
ILECs and participating CLECs before the Commission.
Creating an intricate set of rules for the provision of unbundled network elements and local
interconnection services is unnecessary due to market forces and the effective negotiation processes
between providers already in existence. When such processes already exist and allow for certainty,
there is no need for additional regulatory intervention. There is presently no known reason to believe
there will be any negative effects from adopting these rules. The Commission proposes to re-adopt the
rules, with some minor changes, effective April 19, 2022.