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These rules address the responsibilities of providers of basic local exchange service that cease to
provide the 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. Specifically, the rules address the roles and responsibilities of retail
and wholesale providers that are involved in interconnection disputes with each other, which may
result in the disconnection of end-user customers.
If a wholesale provider cuts off service to a retail provider for non-payment of a
charge, for example, that action could result in the disruption of service to the end user
as well, if the end user is not given sufficient advanced warning to seek another retail
provider. These re-promulgated rules ensure that both the PSC and affected customers
receive adequate notice of an impending discontinuance of service from a wholesale
provider and/or a retail provider. The rules also assist the PSC in attempts to resolve disputes
between providers by requiring that the notice to the PSC contain certain information. The rules
also address the reclamation of phone numbers used by a provider
that ceases to provide service.
In addition to re-promulgating this ruleset, the PSC proposes three minor changes. Two of the
proposed changes are updates to CFR cites: R 484.1005(4) will be revised to change the “(2016)”
to “(2018),” and R 484.1006(1) will be revised to reflect the same change. Additionally, R
484.1005 will be revised to add a new subsection (5) and the remainder of that rule will be
renumbered. The new subsection (5) will state “(5) If the provider fails to provide the notice
under subrule (4) by the 11th business day, the Commission may post a notice of the
discontinuance on its website.” While the issue was resolved without disconnection, based upon
its experience with a provider who failed to make the required notice under R 484.1005(4), the
PSC has determined that this addition to the rule will be beneficial by allowing the PSC to post the
notice on its website and potentially make customers aware that a provider is about to cease to
provide service.
8. Please cite the specific promulgation authority for the rules (i.e. department director,
commission, board, etc.).
MCL 484.2213 authorizes the PSC to promulgate rules under the Administrative
Procedures Act of 1969, 1969 PA 306.
MCL 484.2202(1)(c)(iv) requires the Commission to promulgate rules pursuant to
MCL 484.2213 to establish and enforce quality standards for: “Providers of basic local
exchange service that cease to provide the 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.” This ruleset
was originally promulgated under this authority.
MCL 484.2202(2) mandates that this ruleset shall expire within three years of its effective date,
and that the PSC “may, before the expiration of the rules, promulgate new rules under subsection
(1)(c).” Thus, these rules sunset every three years and must be re-promulgated every three years.
The rules currently sunset on March 21, 2021. The PSC is initiating the rulemaking process at this
time because it is necessary to receive the approved RFR, informal approvals of the rules, and the
approved RIS prior to issuing the first order commencing the rulemaking process for the public.
Once the first order is issued, the PSC strives to complete the rulemaking within the 180-day
deadline set by the Michigan Telecommunications Act (MTA).
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).
MCL 24.239