TO:

Michigan Public Service Commission

Michigan Chamber of Commerce

August 14, 2023

FROM:

DATE:

SUBJECT:

MPSC Case No. U-21368, In the matter of, on the Commission’s own motion,

to re-promulgate rules required by MCL 484.2202(1)(c)(iv)

I.

INTRODUCTION

Please accept these comments of the Michigan Chamber of Commerce on the MPSC’s proposed

rules in the above-captioned docket. The Michigan Chamber represents hundreds of businesses

in Michigan and is a long-standing, trusted advocate for policies in Michigan that allow

businesses to create jobs and economic activity for the benefit of Michigan citizens. In this

instance, the Michigan Chamber has consulted with its members in the telecommunications

industry that would be directly affected by the proposed rules, such as AT&T Michigan. Having

been informed by these perspectives, we offer these comments for your consideration.

II.

THE MPSC SHOULD MAKE TWO CHANGES TO THE PROPOSED RULES

The proposed rules introduce new requirements in Michigan for telecommunications carriers that

go well beyond the notice requirements to discontinue service under Section 313 of the Michigan

Telecommunications Act. MCL 484.2313. When the Legislature created the current

discontinuance process in 2014, it adopted a straightforward notice obligation that required

carriers to notify their customers of the discontinuance via first class mail or bill inserts, and to

publish notice in newspapers. MCL 484.2313(5)(b)(ii) and (iii). The legislation did not authorize

the MPSC to adopt administrative rules to amplify the notice requirements, the MPSC did not

adopt any in the intervening eight years, and none are necessary now. Despite this, the MPSC

now seeks to impose rules that require new forms of notice to customers, interconnecting carriers

and the MPSC itself. None of these new proposals are necessary.

That said, if the MPSC is determined to go beyond the simple renewal of the existing rules in

Michigan Administrative Code 484.1001 to 484.1010 and adopt the new Part 3 of the proposed

rules, we respectfully request that it make two modest, measured changes. These changes would

streamline the rules by making them consistent with already-existing federal rules that cover the

same subject matter. The changes are shown in redlined format in Attachment A to these

Comments.

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The first recommended change is to add a new section in Proposed Rules 12 and 14 that reads:

“A provider is deemed to be in compliance with the requirements of subsections (1) –

(3) by complying with subsection (2)(a) of the Rule, which requires filing with the

MPSC a copy of its application filing with the Federal Communications Commission

under section 214 of the federal telecommunications act of 1996, 47 U.S.C. 214.”¹

This provision deals with notice to the MPSC. Our change would permit a provider to comply

with the new notice requirements by giving the MPSC the same notice it gives to the FCC. This

is a perfectly rational approach – after all, if a notice is good enough for the FCC, it should be

good enough for the MPSC. The notice required by the FCC includes: (1) name and address of

carrier; (2) date of planned service discontinuance, reduction or impairment; (3) points of

geographic areas of service affected; (4) brief description of type of service affected; and (5) a

brief description of the dates and methods of notice to all affected customers. 47 C.F.R.

§63.71(c). This is more than adequate to fulfill the notice requirement under Section 313, i.e., to

“file a notice of the proposed discontinuance of service with the commission.” MCL

484.2313(5)(a)(i) and (b)(i).

The second change we recommend is to delete subsection (e) in Proposed Rules 13 and 15 and

replace it with the following:

“The provider may comply with the requirements of this section by (i) providing a

combined federal/state notice to customers via first class mail or within customer bills

that satisfies the notice requirements under 47 C.F.R §63.71(a)(1)-(4); (ii) publishing

a notice of the discontinuance of service in a newspaper of general circulation within

the exchange that provides information that satisfies the notice requirements under 47

C.F.R §63.71(a)(1)-(4); and (iii) providing notice to any interconnecting

telecommunications providers by first-class mail or other notice permitted under the

terms of the interconnection agreement between the providers.”

This change would allow a provider to comply with the MPSC’s new customer notification

requirements by following the existing FCC notification requirements. This is a common-sense

solution because a telecommunications provider that wants to discontinue service in an area is

required by both federal law²and state law³to provide advanced notice to its customers. Under

FCC Rule 63.71(a)(1)-(4), a provider must give advance notice to customers that includes “(1)

name and address of carrier; (2) date of planned service discontinuance, reduction or impairment;

(3) points of geographic areas of service affected; and (4) brief description of type of service

¹For Rule 14, the internal reference is to subsections (1)-(2), as shown in the redlined revisions in Attachment A.

²47 U.S.C. §214 and 47 C.F.R. §63.71.

³MCL 484.2313(5).

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affected.” This information fully informs the customer about the discontinuance, and fully

complies with state law, which only requires “notice of the discontinuance of service to each of

the telecommunications providers’ customers within the exchange by first-class mail or within

customer bills.” MCL 2313(5)(a)(iii) and (b)(iii). Simply put, a combined notice that meets the

requirements of the FCC satisfies the notice requirements of Michigan law and the MPSC should

recognize this in its proposed rules.

With respect to newspaper notice, there is no FCC requirement. The change we recommend is to

revise the proposed rule to require that the newspaper notice contain information that satisfies the

notice requirements under federal law, i.e., 47 C.F.R §63.71(a)(1)-(4).

With respect to notice to interconnecting carriers, the change we recommend is to revise the

proposed rule to parrot state law, word for word, in Section 313.

III.

CONCLUSION

In sum, the MPSC should not impose new customer notice or commission requirements that

would be different from those required by federal law. The MPSC has the opportunity here to

streamline regulatory requirements and avoid creating of different rules to accomplish the same

thing, i.e., notice to customers and the commission about an upcoming discontinuance of service.

Avoiding inconsistent rules here would increase administrative efficiency for regulators (who

could rely on compliance with FCC rules to satisfy state requirements) and telecommunications

providers (who would, to the extent possible, have a single standard for complying with federal

and state notice requirements). There is no reason why a combined notice should not be an

acceptable outcome in this process.

Respectfully submitted,

Michael Alaimo

Director, Environmental and Energy Affairs

Michigan Chamber of Commerce

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ATTACHMENT A

June 15, 2023

2

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, 2024.

(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 484.1005, and R 484.1006 of the Michigan

Administrative Code are amended, R 484.1010, R 484.1011, R 484.1012, R 484.1013, R

484.1014, R 484.1015, R 484.1016, R 484.1017, R 484.1018, and R 484.1019 are added,

and R 484.1007, R 484.1008, and R 484.1009 are rescinded, 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 this 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

484.2101 to 484.2603.

(b) “Commission” or “MPSC” 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) “Segment” means the type of customer, such as business, residential, or

interconnecting providers.

(gh) “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.

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R 484.1003 Expiration.

Rule 3. These rules expire 3 years from after the effective date of the rules. The

commission may, 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 after 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 is 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 segment or segments 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 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 from after receiving notice from the wholesale provider, the

provider shall notify all of its affected customers, the governor of the state of Michigan this

state, and the commission of the discontinuance of service pursuant to under 47 CFR

63.71 (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.

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(b) A list of customers being served by the provider that may be affected by the

discontinuance of service, which must include including 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

eleventh business day, the commission may post a notice of the discontinuance on its

website.

(6) These rules do not relieve a provider from any obligations it has under section 313 of

the act, MCL 484.2313.

(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.

(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

after the discontinuance of service.

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) (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 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 segment or segments 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. The providers shall work together to ensure the transition of

the customer base from 1 provider to another.

R 484.1007 Reclamation of telephone numbers. Rescinded.

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. Rescinded.

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.

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R 484.1009 Remedies.Rescinded.

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.

R 484.1010 Resolution of disputes between providers.

Rule 10. 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. CESSATION OF SERVICE TO ANY SEGMENT OF END USERS OR

GEOGRAPHIC AREA, WITHDRAWAL OF SERVICE FROM THE STATE,

TRANSFER OF CUSTOMERS TO OTHER PROVIDERS

R 484.1011 Notice of discontinuance of service to any segment of end users or

geographic area.

Rule 11. A provider of basic local exchange service or toll service that proposes to

discontinue service shall follow the requirements under section 313 of the act, MCL

484.2313. The provider shall electronically file a notice to discontinue service under

this section in the commission’s electronic docket filing system.

R 484.1012 Notice of discontinuance to the commission under section 313(5)(a) of the

act, MCL 484.2313.

Rule 12. (1) Notice to the commission under section 313(5)(a) of the act, MCL

484.2313, must include, but is not limited to, all of the following:

(a) The proposed date of the discontinuance.

(b) The geographic area, exchange, or exchanges where the discontinuance will

occur.

(c) A list of alternative providers in the service area that offer comparable voice

service with reliable access to 9-1-1 and emergency services through any technology or

medium.

(d) The number and segment or segments of customers that will be affected by the

discontinuance.

(e) The method by which customers or interconnecting providers were notified of

the discontinuance, such as by first-class mail, within customer bills, or under the

terms of the interconnection agreement.

(f) The reason for the discontinuance.

(g) A statement of the provider’s prospective intent for the disposition of its license

and any tariffs on file with the commission.

(2) An exhibit attached to the notice in subrule (1) of this rule must include, but is

not limited to, all of the following:

(a) A copy of the section 214 of the federal telecommunications act of 1996, 47 USC

214, application filing with the Federal Communications Commission.

(b) A copy of the newspaper publication notice. The affidavit of publication from

the newspaper or newspapers must be filed separately in the docket once publication

is complete.

(c) A copy of the notice provided to customers.

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(d) A copy of the notice provided to interconnecting providers, if applicable, as

provided for in section 313 of the act, MCL 484.2313. If not applicable, the provider

shall note accordingly in the notice to the commission.

(3) An incumbent local exchange carrier that proposes to discontinue service to a

geographic area, exchange, or exchanges, in addition to providing the materials listed

in subrule (2)(a) to (d) of this rule, shall provide to the commission a clear and detailed

description, including a map of the geographic boundary area to which the

discontinuance of service would take place and the segment or segments of customers

the proposed discontinuance applies.

(4) A provider that determines certain information in its notice is confidential may

file that information with the commission as provided under section 210 of the act,

MCL 484.2210.

(5) A provider is deemed to be in compliance with the requirements of subsections (1) –

(3) by complying with subsection (2)(a) of the Rule, which requires filing with the MPSC

a copy of its’ application filing with the Federal Communications Commission under

section 214 of the federal telecommunications act of 1996, 47 U.S.C. 214.

R 484.1013 Requirements for newspaper, customer and interconnecting provider

notices under section 313(5)(a) of the act, MCL 484.2313.

Rule 13. The newspaper, customer, and interconnecting provider notices required

under section 313(5)(a) of the act, MCL 484.2313, must include, but are not limited to,

all of the following:

(a) Information for customers to contact the provider.

(b) The proposed date of the discontinuance.

(c) The geographic area, exchange, or exchanges where the discontinuance will

occur.

(d) A list of alternative providers in the service area that offer comparable voice

service with reliable access to 9-1-1 and emergency services through any technology or

medium.

(e) The provider may comply with the requirements of this section by (i) providing a

combined federal/state notice to customers via first class mail or within customer bills that

satisfies the notice requirements under 47 C.F.R §63.71(a)(1)-(4); (ii) publishing a notice of

the discontinuance of service in a newspaper of general circulation within the exchange that

provides information that satisfies the notice requirements under 47 C.F.R §63.71(a)(1)-(4);

and (iii) providing notice to any interconnecting telecommunications providers by first-

class mail or other notice permitted under the terms of the interconnection agreement

between the providers.

R 484.1014 Notice of discontinuance to the commission under section 313(5)(b), MCL

484.2313.

Rule 14. (1) On approval of the application filed with the Federal Communications

Commission and not less than 90 days before discontinuing service, the provider

proposing to discontinue service shall follow the notice steps in section 313(5)(b) of the

act, MCL 484.2313. The notice to the commission filed under section 313(5)(b) of the

act, MCL 484.2313, must include, but is not limited to, all of the following:

(a) The proposed date of discontinuance.

(b) The geographic area, exchange, or exchanges where the discontinuance will

occur.

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(c) A list of alternative providers in the service area that offer comparable voice

service with reliable access to 9-1-1 and emergency services through any technology or

medium.

(d) The number and segment or segments of remaining customers subject to the

discontinuance.

(e) The method by which customers or interconnecting providers were provided the

second notice of the discontinuance, such as by first-class mail, within customer bills,

or under terms of the interconnection agreement.

(f) Any other relevant information pertaining to the discontinuance, such as

additional attempts made at customer outreach outside of the requirements outlined

in section 313 of the act, MCL 484.2313.

(2) An exhibit attached to the notice in subrule (1) of this rule must include, but is

not limited to, all of the following:

(a) A copy of the Federal Communications Commission public notice showing the

grant of approval of the discontinuance.

(b) A copy of the newspaper publication notice. The affidavit of publication from

the newspaper or newspapers must be filed separately in the docket once publication

is completed.

(c) A copy of the second notice to customers.

(d) A copy of the notice provided to interconnecting providers, if applicable, as

provided for in section 313 of the act, MCL 484.2313. If not applicable, the provider

shall note accordingly in the notice to the commission.

(3) A provider is deemed to be in compliance with the requirements of subsections (1) –

(2) by complying with subsection (2)(a) of the Rule, which requires filing with the MPSC

a copy of its’ application filing with the Federal Communications Commission under

section 214 of the federal telecommunications act of 1996, 47 U.S.C. 214.

R 484.1015 Requirements for newspaper, customer and interconnecting provider

notices under section 313(5)(b), MCL 484.2313.

Rule 15. The newspaper, customer, and interconnecting provider notices required

under section 313(5)(b) of the act, MCL 424.2313, must include, but are not limited to,

all of the following:

(a) Information for customers to contact the provider.

(b) The proposed date of the discontinuance.

(c) The geographic area, exchange, or exchanges where the discontinuance will

occur.

(d) A list of alternative providers in the service area that offer comparable voice

service with reliable access to 9-1-1 and emergency services through any technology or

medium.

(e) The provider may comply with the requirements of this section by (i) providing a

combined federal/state notice to customers via first class mail or within customer bills

that satisfies the notice requirements under 47 C.F.R §63.71(a)(1)-(4); (ii) publishing a

notice of the discontinuance of service in a newspaper of general circulation within the

exchange that provides information that satisfies the notice requirements under 47 C.F.R

§63.71(a)(1)-(4); and (iii) providing notice to any interconnecting telecommunications

providers by first-class mail or other notice permitted under the terms of the

interconnection agreement between the providers.

R 484.1016 Other notice of discontinuance.

Rule 16. For a discontinuance of basic local exchange service that is subject to federal

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filing and notice requirements, but not subject to the requirements of section 313 of

the act, MCL 484.2313, the provider is encouraged to consult with the commission to

determine the most appropriate means of notification to customers and the

commission.

R 484.1017 Completion of discontinuance.

Rule 17. (1) The provider shall provide periodic updates of the status of the

discontinuance and transition of its impacted customers as requested by the

commission.

(2) The provider shall return all deposits to customers and apply all appropriate

credits to customer accounts associated with the discontinued service within 30 days

after the discontinuance.

(3) On completion of the discontinuance of service, the provider shall file a notice in

the docket informing the commission of the completion.

R 484.1018 Reclamation of telephone numbers.

Rule 18. (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.

PART 34. REMEDIES

R 484.1019 Remedies.

Rule 19. 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.

John LaPenta

Counsel, State Regulatory

1120 South Tryon Street

Suite 700

Charlotte, NC 28203

brightspeed.com

August 14, 2023

VIA E-FILE

Ms. Lisa Felice

Executive Secretary

Michigan Public Service Commission

7109 West Saginaw Hwy.

Lansing, MI 48917

Re:

In the Matter, on the Commission’s own motion, to re-promulgate rules

required by MCL 484.2202(1)(c)(iv); docket No. U-21368

Dear Ms. Felice:

Enclosed please find the Comments of Brightspeed of Central Michigan, Inc., Brightspeed

of Michigan, Inc., Brightspeed of Northern Michigan, Inc. and Brightspeed of Upper Michigan,

Inc. (“Brightspeed”), in Response to the Commission’s July 7^thOrder.

If you have any questions, please do not hesitate to contact me at 704-575-5724 or via

email at john.lapenta@brightspeed.com . Thank you.

Sincerely,

John J. LaPenta

Counsel, State Regulatory

STATE OF MICHIGAN

BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION

In the matter, on the Commission’s own

motion, to re-promulgate rules required by

MCL 484.2202(1)(c)(iv)

)

Case No. 21368

COMMENTS OF BRIGHTSPEED IN RESPONSE TO JULY 7, 2023, ORDER

COMES NOW Brightspeed of Central Michigan, Inc., Brightspeed of Michigan, Inc.,

Brightspeed of Northern Michigan, Inc. and Brightspeed of Upper Michigan, Inc.

(“Brightspeed”) and files these comments in response to the Commission’s July 7, 2023, Order.

Brightspeed appreciates the Commission for giving us the opportunity to respond to the proposed

rule changes.

Brightspeed does not object to the proposed rule changes in Part 1 and Part 2.

Brightspeed does object to the new requirements in Part 3 including that of requiring

newspaper publication. This is a burdensome and expensive requirement and in addition

ineffective at reaching and informing customers in this current digital age. Newspaper

readership is at an all-time low and legal sections in online version of newspapers are

cumbersome to locate. In 2023 there are more efficient ways of reaching customers including

notification on the Provider's website. If the MPSC ultimately determines that newspaper notice

is a requirement, then Brightspeed recommends that the information required aligns with that of

the existing notice rules under 47 C.F.R §63.71(a)(1)-(4).

Ideally, if the Provider abides by the current FCC regulations regarding discontinuance of

service, filed under FCC section 214 of the federal telecommunications act of 1996, 47 U.S.C.

214, that should be sufficient for MPSC in lieu of proposed section 3 requirements.

Finally, Part 3 seems to require the same discontinuance notice even if the Provider is

only eliminating a product or service. If the Provider is substituting VOIP service at a lower cost

with better service, reliability, and other features, it still seems that the Provider has to abide by

all the same rules and regulations as if they were discontinuing all services. This would be an

enormous burden on the Provider while it is improving the quality of service to the customer.

Based on the foregoing, Brightspeed does not object to the revisions in Part 1 and Part 2

but rather the onerous requirements and applicability in Part 3.

Please feel free to contact me if you wish to discuss this matter further or have any

questions.

Respectfully submitted,

Brightspeed

John J. LaPenta

Counsel, State Regulatory

Comments of Mr. Ronald Fenwick, Esq.

Bloomfield Hills, MI 48301

following requirements that providers of basic local exchange service must satisfy before being

allowed to discontinue service: 911 Location Accuracy Currently, only POTS service

immediately provides the exact address physical location of the caller to the 911 dispatcher.

However, the physical location of a caller calling 911 using a cellphone can only be

approximated using various mapping data. Therefore, unless the cellphone caller is able to

accurately communicate their physical location to the 911 operator, it can take an inordinate

amount of time to provide the needed emergency services to the caller. Such situations continue

to happen and some have had deadly consequences. Therefore, until this problem is corrected,

service to POTS customers must not be be able to be discontinued. Deceptive Marketing and

VOIP So many wireless customers were and still are unaware of this 911 location problem in

many areas of the Country and this is due in large part to the fact that the telcos have failed to

provide adequate and accurate notice to these subscribers of this very important disadvantage of

wireless when they are making the decision to terminate their POTS service in favor of wireless

service. Further, I believe that many of these wireless and VOIP customers would now

reconsider their decision to terminate their POTS service after having been fully informed of the

advantages of retaining that service. Attached is a mailing that I recently received from AT&T to

try and get POTS customers to give up that service provides in part: ”[G]et located in an

emergency Just like before, you’ll have access to local 911 service-so you can get help when you

need it….” I also received this same information in an email from AT&T. See Attached. And just

today, I searched on the Internet to find out how 911 calls using VOIP differ from POTS calls. I

was very confused by what I was reading but it appears that VOIP callers must make sure they

correctly register their address with their provider otherwise their correct physical location may

not be provided in their E911 calls. Also, if their internet connection is dropped or they lose

power, their 911 calls also will be lost. So there definitely is this disadvantage with VOIP vs

POTS but AT&T has not been accurately providing this very important information to customers.

Therefore, based on the foregoing I urge the Commission to now include in these re-promulgated

rules both of the foregoing requirements before allowing carriers to discontinue POTS service.

Further, I’m requesting the Commission to immediately take action against AT&T regarding their

deceptive marketing.