reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Michigan Gas Safety Standards › Part 6 - ADOPTION OF STANDARDS › Section R. 460.20606 - Pipeline and hazardous materials safety administration standards; adoption by reference

Current through Vol. 24-12, July 15, 2024
Rule 606.
(1) The
				  following pipeline and hazardous materials safety administration standard is
				  adopted by reference in these rules and is available from the U.S. Government
				  Publishing Office via the internet at
www.ecfr.gov
at no charge at the time of adoption of
				  these rules and is also available for public inspection from the Michigan
				  Public Service Commission, 7109 West Saginaw Highway, Lansing, Michigan 48917:
				  49 CFR part 40 entitled "Procedures for Transportation Workplace Drug and
				  Alcohol Testing Programs," (revised October 1, 2023 edition).
(2) The following Office of Pipeline and
				  Hazardous Materials Safety Administration standards are adopted by reference in
				  these rules and may be ordered from the U.S. Government Publishing Office via
				  the internet at
www.ecfr.gov
at no charge at
				  the time of adoption of these rules and are also available for public
				  inspection from the Michigan Public Service Commission, 7109 West Saginaw
				  Highway, Lansing, Michigan 48917:
(a) 49 CFR
				  part 191 entitled "Transportation of Natural and Other Gas by Pipeline: Annual
				  Reports, Incident, and Other Reporting," (October 1, 2023 edition).
(b) 49 CFR part 192 entitled "Transportation
				  of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards,"
				  (October 1, 2023 edition).
(c) 49
				  CFR part 199 entitled "Drug and Alcohol Testing," (October 1, 2023
				  edition).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Unbundled Network Element and Local Interconnection Services › Part 1 - GENERAL PROVISIONS › Section R. 484.71 - Applicability

Current through Vol. 24-12, July 15, 2024
Rule 1. These rules apply to the provision of unbundled
					 network elements and local interconnection services by an incumbent local
					 exchange carrier to other providers which are used in the provision of basic
					 local exchange service. These rules do not alter the scope or terms of any
					 preexisting performance remedy plan and performance measurements approved by
					 the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Unbundled Network Element and Local Interconnection Services › Part 1 - GENERAL PROVISIONS › Section R. 484.72 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) As
				  used in these rules:
(a) "Act" means the
				  Michigan telecommunications act, 1991 PA 179, MCL 484.2101 to MCL
				  484.2603.
(b) "Federal act" means
				  the Telecommunications Act of 1996,
				  Public
				  Law 104-104.
(c) "Incumbent local exchange carrier" or
				  "ILEC" means that term as defined in
				  47 USC
				  251(h) and required to
				  comply with the additional obligations in
				  47 USC
				  251(c).
(d) "Interconnection agreement" means an
				  agreement between 2 or more providers entered into under sections 251 and 252
				  of the federal act,
				  47 USC 251 and
				  252.
(e) "Provider" means a person, firm,
				  partnership, corporation, or other entity that provides basic local exchange
				  service as defined by section 102(b) of the act, MCL 484.2102.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Unbundled Network Element and Local Interconnection Services › Part 1 - GENERAL PROVISIONS › Section R. 484.73 - Expiration

Current through Vol. 24-12, July 15, 2024
Rule 3. These rules expire 3 years from the effective date
					 of the rules. The commission may, prior to the expiration of the rules,
					 promulgate new rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Unbundled Network Element and Local Interconnection Services › Part 2 - PROVISION OF UNBUNDLED NETWORK ELEMENTS AND LOCAL INTERCONNECTION › Section R. 484.74 - Quality standards

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) The
				  quality standards for the provision of unbundled network elements and local
				  interconnection by an ILEC must be either of the following:
(a) Those standards in a preexisting
				  performance remedy plan for an ILEC and performance measurements approved by
				  the commission in an industrywide proceeding in Michigan, regardless of whether
				  all providers participate in the plan.
(b) If a plan specified in subdivision (a) of
				  this subrule does not exist for the ILEC, then the performance remedy plan and
				  performance measurements negotiated or arbitrated by the parties in an
				  interconnection agreement approved by the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Unbundled Network Element and Local Interconnection Services › Part 2 - PROVISION OF UNBUNDLED NETWORK ELEMENTS AND LOCAL INTERCONNECTION › Section R. 484.75 - Remedies

Current through Vol. 24-12, July 15, 2024
Rule 5. Nothing in this rule adds to or detracts from the
					 remedies available to a provider under the plans referenced in
					 R
					 484.74, the act, or the federal act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Basic Local Exchange Service Customer Migration › Part 1 - GENERAL PROVISIONS › Section R. 484.81 - Applicability

Current through Vol. 24-12, July 15, 2024
Rule 1. These rules apply to the timely and complete
					 transfer of an end user from 1 provider of basic local exchange service to
					 another provider.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Basic Local Exchange Service Customer Migration › Part 1 - GENERAL PROVISIONS › Section R. 484.84 - Expiration

Current through Vol. 24-12, July 15, 2024
Rule 4. These rules expire 3 years from the effective date
					 of the rules. The commission may promulgate new rules at any
					 time.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Basic Local Exchange Service Customer Migration › Part 2 - TRANSFER OF END USER BY PROVIDERS › Section R. 484.85 - Migration responsibilities of local service providers

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) Each
				  service provider shall maintain a publicly accessible website with all of the
				  following information:
(a) All applicable
				  processes and procedures for end user migration.
(b) Company contact escalation list, which
				  shall include a company contact for operational issues and a contact for
				  escalation of those issues.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Basic Local Exchange Service Customer Migration › Part 2 - TRANSFER OF END USER BY PROVIDERS › Section R. 484.88 - Service quality standards

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) Upon
				  receipt of an accurate request from the new local service provider, the old
				  local service provider shall port the telephone number and, if requested,
				  transfer the unbundled loop to the new local service provider within the
				  specified time period listed in subdivisions (a) and (b) of this subrule,
				  unless a later due date is requested. If the old local service provider
				  reschedules the original due date without the consent of the new local service
				  provider, or the old local service provider fails to complete the migration by
				  the original due date, the original due date shall be the one measured against.
				  The following apply to due dates:
(a) Due
				  dates for migrations involving number portability with or without a loop. For a
				  migration request involving 1 to 18 lines, the due date is a monthly average of
				  4 business days after a request is made. Any migration request involving 19 or
				  more lines involving number portability with or without a loop is a project for
				  which a due date shall be negotiated.
(b) Due dates for migrations involving a
				  simple port request only, for example, not for orders that require other
				  facilities, such as loops. For a migration involving a simple port, the due
				  date is the date required by
				  47 CFR 52.35.
				  For migration involving simple ports for 2 to 30 lines, the old local service
				  provider shall send a firm order confirmation within 24 hours and complete the
				  porting of the telephone number to the new local service provider within 3
				  business days of the firm order confirmation. Any migration request that
				  involves simple ports for 31 or more lines is a project for which a due date
				  shall be negotiated.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Basic Local Exchange Service Customer Migration › Part 3 - REMEDIES, WAIVER, AND GENERAL EXEMPTIONS › Section R. 484.89 - Remedies

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) If,
				  after 3 consecutive months, a provider fails to meet 1 or more of the standards
				  as set forth by these rules for each of the 3 months, then the provider shall
				  notify commission staff within 10 days of such failure and the commission shall
				  require the provider to take corrective action. This corrective action shall
				  include, but is not limited to, the 2-part report described as follows:
(a) Part 1 of the report shall be a
				  "root-cause" analysis of the reported level of performance, explaining why the
				  reported performance failed to meet applicable service quality standard or
				  standards.
(b) Part 2 of the report
				  shall be a "corrective action plan." The plan shall be based on the causes for
				  substandard performance identified in part 1, and it shall define actions
				  proposed to bring performance up to a level at or above the applicable
				  standard. This plan shall have a 90-day timeline within which the provider
				  commits to bring its performance up to a level at or above the applicable
				  standard.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Basic Local Exchange Service Customer Migration › Part 3 - REMEDIES, WAIVER, AND GENERAL EXEMPTIONS › Section R. 484.90 - Waiver and general exemptions

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) A
				  provider may petition for a permanent or temporary waiver or exception from
				  these rules when qualifying circumstances beyond the control of the provider
				  render compliance impossible or when compliance would be unduly economically
				  burdensome or technologically infeasible.
(2) Qualifying circumstances include any of
				  the following:
(a) The problem is or was
				  attributable to an "act of God." The term "act of God" includes events such as
				  any of the following:
(i) Flood.
(ii) Lightning.
(iii) Tornado.
(iv) Earthquake.
(v) Fire.
(vi) Blizzard.
(vii) Ice storm.
(viii) Widespread electrical power
				  outage.
(ix) Other unusual natural
				  or man-made disasters.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Operator Service Providers › Section R. 484.101 - Applicability of rules

Current through Vol. 24-12, July 15, 2024
Rule 1. These rules apply to any person who provides operator
				  service in Michigan through a method other than as specified in section
				  102(t)(i), (ii), or (iii) of Act No. 179 of the Public Acts of 1991, as
				  amended, being S484.2102(t)(i), (ii), or (iii) of the Michigan Compiled
				  Laws.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Operator Service Providers › Section R. 484.102 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 2. As used in these rules:
(a) "Caller" or "end user" means an
				individual who attempts to complete a call through use of an operator service
				provider.
(b) "Commission" means
				the Michigan public service commission.
(c) "Customer" means a person who owns or
				controls a telephone, system, or network over which operator services are
				provided in Michigan.
(d)
				"Emergency services" means police, fire, or ambulance services.
(e) "Operator service" means a
				telecommunication service that includes automatic or live assistance to an end
				user to arrange for completion and billing of a telephone call originating
				within this state that is specified by the end user through a method other than
				1 of the following:
(i) Automatic completion
				with billing to the telephone from which the call originated.
(ii) Completion through an access code or a
				proprietary account number used by the end user, with billing to an account
				previously established with the provider by the end user.
(iii) Completion in association with
				directory assistance services.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Operator Service Providers › Section R. 484.104 - Registration; required information

Current through Vol. 24-12, July 15, 2024
Rule 4. An operator service provider registration shall
				  include all of the following information and documentation:
(a) The name of the operator service
				provider.
(b) The address of the
				operator service provider's principal office.
(c) If the operator service provider is not
				located in Michigan, the address of the registered office and the name of the
				registered agent.
(d) The name and
				the telephone number of the employee who has been designated by the operator
				service provider to respond to inquiries made by the commission or its
				staff.
(e) A copy of any sticker,
				card, or other form of information that the operator service provider is
				required by these rules to furnish to every entity with which it contracts to
				provide operator service.
(f) A
				listing of the toll-free customer service telephone number that the operator
				service provider is required by these rules to maintain.
(g) A complete schedule of the operator
				service provider's current rates and charges to end users.
(h) Verification in the form of a sworn
				affidavit by an officer of the operator service provider that the operator
				service provider's current and future rates and charges will not be more than
				300% of the state average rate for any operator or toll service that is
				supplied by providers of regulated toll service.
(i) Verification in the form of a sworn
				affidavit by an officer of the operator service provider of the actions that
				the operator service provider has taken to ensure that the stickers, cards, or
				other forms of information that the operator service provider is required to
				distribute have actually been distributed and physically affixed to, or
				displayed near, each telephone in Michigan that has access to its operator
				service.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Operator Service Providers › Section R. 484.106 - Effective date of registration

Current through Vol. 24-12, July 15, 2024
Rule 6. A registration filed by an operator service provider
				  is effective immediately upon filing with the commission and the payment of the
				  registration fee and shall remain in effect for 1 year from its effective
				  date.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Operator Service Providers › Section R. 484.107 - Renewal; failure to renew

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) A
				registration filed by an operator service provider may be renewed for 1 year by
				filing a renewal registration with the commission on a form provided by the
				commission, and paying a renewal fee of $100.00.
(2) An operator service provider that fails
				to file a renewal registration form and renewal fee before the expiration of
				its registration shall not provide operator service in Michigan until it
				complies with the requirements of subrule (1) of this rule.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Operator Service Providers › Section R. 484.108 - Contracts

Current through Vol. 24-12, July 15, 2024
Rule 8. An operator service provider shall offer and perform
				  operator service pursuant to a contractual arrangement with a customer that is
				  subject to the laws of Michigan regarding contract formalities and
				  enforceability.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Operator Service Providers › Section R. 484.109 - Mandatory contractual provisions; information

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) A
				contract between an operator service provider and a customer to whom the
				operator service provider has agreed to provide operator service shall require
				that the customer display a sticker, card, or other form of information
				furnished by the operator service provider, or prepared by the customer and
				containing the same information, on or near each of the customer's telephones
				that access the operator service.
(2) The sticker, card, or other form of
				information required under subrule (1) of this rule shall include all of the
				following information:
(a) The name of the
				operator service provider.
(b) A
				toll-free customer service telephone number.
(c) A statement that charges imposed by the
				operator service provider on end users are available by calling the operator
				toll-free using the instructions posted on the telephone, or by calling the
				toll-free telephone number.
(d) A
				statement that a caller can reach emergency services without charge by dialing
				9-1-1, if available, or by calling the operator.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Operator Service Providers › Section R. 484.110 - Provider duties before connection of call

Current through Vol. 24-12, July 15, 2024
Rule 10. Before the connection of each call, the operator
				  service provider shall do all of the following:
(a) Announce the operator service provider's
				name.
(b) Quote, at the caller's
				request and without charge, the rate and any other fees or surcharges
				applicable to the call charged by the operator service provider.
(c) Allow a caller to choose the provider of
				his or her choice by doing either of the following:
(i) If the rate for the call will not be
				calculated on the basis of the actual origination and destination points of the
				call, then, after informing the caller of that fact and after receiving the
				caller's consent, transfer the caller to the provider of his or her choice,
				without charge.
(ii) Instruct the
				caller how to reach his or her provider of choice by dialing the provider's
				950, 1-800, or 10-XXX access service number.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Operator Service Providers › Section R. 484.111 - Excessive rates prohibited

Current through Vol. 24-12, July 15, 2024
Rule 11. Except as otherwise authorized by the commission, an
				  operator service provider shall not charge a rate for operator service or toll
				  service that is more than 300% of the state average rate for operator or toll
				  service by providers of regulated toll service.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Payphone Services › Section R. 484.152 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 2. As used in these rules:
(a) "Aggregator" means a person who, in the
				ordinary course of its operations, makes telephones available to the public or
				to transient users of its premises for telephone calls using a provider of
				operator services.
(b) "Call" means
				an effort by a person to obtain a telephone connection, whether the connection
				is completed or not.
(c) "Caller"
				or "end user" means a person who attempts to complete a call through use of a
				payphone service.
(d) "Commission"
				means the Michigan public service commission.
(e) "Inoperative payphone" means a telephonic
				device that is physically broken or that will not allow the completion of a
				telephone call for reasons other than error by the end user.
(f) "Payphone service" means a telephone
				service provided from a public, semipublic, or individually owned and operated
				telephone that is available to the public and is accessed by the depositing of
				coins or currency or by other means of payment at the time that the call is
				made. Payphone service does not include service from telephones that are
				located in correctional facilities, which are considered toll
				terminals.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Payphone Services › Section R. 484.153 - Posting requirements; content

Current through Vol. 24-12, July 15, 2024
Rule 3. Each provider or aggregator of payphone service shall
				  post on or near the payphone, in plain view of end users, all of the following
				  information:
(a) The name of the
				provider or aggregator.
(b) The
				address of the provider or aggregator.
(c) The telephone number of the provider or
				aggregator.
(d) Either an
				identification number for the payphone or the telephone number of the
				payphone.
(e) The toll-free number
				established by the commission that can be called to report an inoperative
				payphone.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Payphone Services › Section R. 484.154 - Posting requirements; time

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) The
				information required to be posted pursuant to
				R
				484.153 shall be displayed on or near every payphone
				in Michigan within 90 days after the effective date of these rules or at the
				time of installation or activation of a payphone, whichever is later.
(2) If a provider is in compliance with the
				requirements of
				R
				484.153(a), (b), (c), and (d) at the
				time that these rules become effective and if the provider has already posted
				its own toll-free repair number on its payphones, the information required to
				be posted pursuant to
				R
				484.153(e) need not be displayed on
				that provider's payphones until 180 days after the effective date of these
				rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Payphone Services › Section R. 484.155 - Reporting requirements; signage

Current through Vol. 24-12, July 15, 2024
Rule 5. At least once annually, a provider or aggregator of
				  payphone service in Michigan shall file a sworn affidavit by an officer of the
				  provider or aggregator stating the actions that the provider has taken to
				  ensure compliance with the payphone signage requirements set forth in
				  R
				  484.153.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Payphone Services › Section R. 484.156 - Reporting of repairs

Current through Vol. 24-12, July 15, 2024
Rule 6. Within 2 business days of completing a repair to a
				  payphone that was reported to the provider as being inoperative as a result of
				  a report received by the commission on the toll-free line established pursuant
				  to
				  R
				  484.153(e), the provider or
				  aggregator of the payphone service shall confirm completion of the repair to
				  the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Payphone Services › Section R. 484.157 - Duty to investigate and repair inoperative payphone

Current through Vol. 24-12, July 15, 2024
Rule 7. By the next working day after receiving a report that
				  a payphone is inoperative, a provider or aggregator of payphone service shall
				  determine the cause for inoperability and pursue 1 of the following courses of
				  action to remedy the problem:
(a) If
				the cause of inoperability is a repairable defect in the payphone device
				itself, then the provider of payphone service shall complete the repair of the
				payphone device as soon as possible, but not more than 48 hours after receipt
				of a report of an inoperative payphone.
(b) If the cause of inoperability is
				vandalism, theft, or other problem requiring replacement of the payphone or
				other reconstruction at the payphone site, the provider of payphone service
				shall complete the repair within 30 days after receipt of the report of an
				inoperative payphone.
(c) If the
				cause of inoperability is determined not to be the payphone itself, but is
				caused by the service provided by the basic local exchange provider or other
				third party, then the provider of payphone service shall notify the responsible
				party immediately upon discovery.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Payphone Services › Section R. 484.158 - Requirements for payphone service

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) All
				payphones in Michigan shall provide a dial tone before requiring payment. A
				provider that cannot comply with this requirement at the time that these rules
				take effect due to the technological capability of its system shall comply with
				this rule not later than January 1, 1997.
(2) The provider of a payphone that is
				located within a 9-1-1 service district shall provide both of the following:
(a) A prominently displayed notice that a
				caller can dial 9-1-1 in an emergency and that deposit of a coin or another
				form of payment is not required.
(b) The capability to allow a caller to dial
				9-1-1 without first inserting a coin or paying any other charge.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Telecommunications License Transfer Procedures › Section R. 484.601 - Transfer of Bankrupt Provider's License

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) Any
				licensed provider that files for bankruptcy protection shall notify the
				commission within 10 days of such filing, and shall provide the commission with
				a copy of any application filed with the bankruptcy court requesting transfer
				of the bankrupt provider's license.
(2) If the bankruptcy court orders that the
				bankrupt provider's license be transferred to another provider licensed in the
				State of Michigan, and the transferred license will not result in the expansion
				of the territory covered by the license recipient, the bankrupt provider and
				the license recipient shall so notify the commission within 10 days of the
				issuance of the order. The transfer shall be effective upon filing of the
				notice. The license recipient shall comply with all applicable state and
				federal customer notification and tariff requirements.
(3) If the bankruptcy court orders that the
				bankrupt provider's license be transferred to another provider licensed in the
				State of Michigan, and the transferred license will result in the expansion of
				the territory covered by the license recipient, then the following shall apply:
(a) The bankrupt provider and the license
				recipient shall so notify the commission within 10 days of the issuance of the
				order.
(b) The license recipient
				shall file an application under MCL 484.2301 and 484.2302 to temporarily and
				permanently expand its license within 30 days of the issuance of the
				order.
(c) The license recipient
				shall comply with all applicable state and federal customer notification and
				tariff requirements.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Telecommunications Arbitration and Mediation Procedures › Part 1 - GENERAL PROVISIONS › Section R. 484.701 - Applicability

Current through Vol. 24-12, July 15, 2024
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).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Telecommunications Arbitration and Mediation Procedures › Part 1 - GENERAL PROVISIONS › Section R. 484.702 - Definitions

Current through Vol. 24-12, July 15, 2024
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 of the federal telecommunications act
				  of 1996.
(3) "Panel" means an
				  arbitration panel.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Telecommunications Arbitration and Mediation Procedures › Part 2 - ARBITRATION › Section R. 484.703 - Filing of petition for arbitration

Current through Vol. 24-12, July 15, 2024
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.
(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.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Telecommunications Arbitration and Mediation Procedures › Part 2 - ARBITRATION › Section R. 484.704 - Designation of arbitration panel or arbitrator

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Telecommunications Arbitration and Mediation Procedures › Part 2 - ARBITRATION › Section R. 484.705 - Information for the panel or arbitrator; arbitration proceedings

Current through Vol. 24-12, July 15, 2024
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.
(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.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Telecommunications Arbitration and Mediation Procedures › Part 2 - ARBITRATION › Section R. 484.706 - Decision of the panel or arbitrator

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Telecommunications Arbitration and Mediation Procedures › Part 3 - MEDIATION › Section R. 484.707 - Designation of mediator

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Telecommunications Arbitration and Mediation Procedures › Part 3 - MEDIATION › Section R. 484.708 - Recommended settlement

Current through Vol. 24-12, July 15, 2024
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).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Telecommunications Arbitration and Mediation Procedures › Part 3 - MEDIATION › Section R. 484.709 - Recommended settlement disclosure

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Telecommunications Arbitration and Mediation Procedures › Part 3 - MEDIATION › Section R. 484.710 - Acceptance or rejection of recommended settlement

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Emergency 9-1-1 Service Standards of Training › Part 1 - GENERAL PROVISIONS › Section R. 484.801 - Applicability

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) These
				  rules apply to a primary public safety answering point (psap) as defined by the
				  emergency 9-1-1 service enabling act, 1986 PA 32, MCL 484.1101 to
				  484.1717.
(2) All new and existing
				  telecommunicators of a Michigan primary psap shall comply with the provisions
				  of these rules no later than 1 year from the effective date of these
				  rules.
(3) All Michigan primary
				  psaps and the emergency 9-1-1 service committee shall comply with the
				  provisions of these rules no later than 1 year from the effective date of these
				  rules.
(4) The emergency 9-1-1
				  service committee, as defined in section 102(e) of the act, may implement
				  procedures as needed to carry out these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Emergency 9-1-1 Service Standards of Training › Part 1 - GENERAL PROVISIONS › Section R. 484.802 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 2. As used in these rules:
(a) "Act" means the emergency 9-1-1 service
				  enabling act, 1986 PA 32, MCL 484.1101 to 484.1717.
(b) "Basic telecommunicator training" means
				  the minimum level of training for 9-1-1 telecommunicators who perform 9-1-1
				  call-taking and emergency services dispatching.
(c) "Date of hire" means the start date of
				  work as documented in a telecommunicators personnel record.
(d) "Delinquent telecommunicator" means a
				  trainee telecommunicator who has not completed the training requirements in
				  R
				  484.804(2) and (4), or a designated
				  telecommunicator who has not completed the requirements in
				  R
				  484.805.
(e) "Designated telecommunicator" means any
				  person who has completed the required training within the required time frame,
				  as specified in
				  R
				  484.804 and
				  R
				  484.805.
(f) "Exigent circumstance" means a crisis
				  situation lasting not more than 2 hours that may arise in a primary psap, with
				  little or no notice, in which the 9-1-1 calls cannot be managed without using a
				  delinquent or undesignated telecommunicator, or other similarly situated
				  employees.
(g) "In-service
				  training" means course work approved by the committee under the act.
(h) "Internal training" means training that
				  is specific to a primary psap and may be used toward the continuing education
				  credits for the designated telecommunicator. Internal training shall not be
				  approved for funding under MCL 484.1408(4)(c).
(i) "Leave of absence" means a period of time
				  that a telecommunicator is absent from work, during regularly scheduled work
				  time and that is approved by the employing agency.
(j) "Telecommunicator" means a person
				  answering or processing 9-1-1 calls at a primary psap.
(k) "Trainee telecommunicator" means either
				  of the following:
(i) A person hired as a
				  telecommunicator not more than 12 months before the effective date of these
				  rules.
(ii) A person hired after
				  the effective date of these rules who has not completed the requirements of
				  R
				  484.804(2) and (4).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Emergency 9-1-1 Service Standards of Training › Part 2 - TRAINING REQUIREMENTS › Section R. 484.803 - Training requirements exemption

Current through Vol. 24-12, July 15, 2024
Rule 3. A telecommunicator employed by a primary psap for a
					 minimum of 12 months before the effective date of these rules is exempt from
					 R
					 484.804(2) and (4), but shall meet
					 the requirements of
					 R
					 484.805.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Emergency 9-1-1 Service Standards of Training › Part 2 - TRAINING REQUIREMENTS › Section R. 484.804 - Training requirements

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A
				  trainee telecommunicator who does not meet the training exemption in
R
					 484.803 shall comply with the training requirements in
					 subrules (2) and (4) of this rule
(2) Within 18 months of the effective date of
				  these rules, a trainee telecommunicator who is currently employed by a primary
				  psap shall complete module 1 consisting of a 40-hour basic telecommunicator
				  training course approved by the committee. Module 1 shall contain all of the
				  following subjects:
(a) An overview of public
				  safety police, fire, and emergency medical services.
(b) Telecommunicator roles and
				  responsibilities.
(c) Legal aspects
				  of dispatcher services.
(d)
				  Interpersonal communications.
(e)
				  Public safety technologies.
(f)
				  Telephone techniques.
(g) Call
				  classification.
(h) Radio
				  communications.
(i) Stress
				  management.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Emergency 9-1-1 Service Standards of Training › Part 2 - TRAINING REQUIREMENTS › Section R. 484.805 - Continuing education; requirements

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) Every
				  24 months, a designated telecommunicator shall complete module 3, a 24-hour
				  designated telecommunicator training consisting of continuing education. A
				  maximum of 8 hours of the required 24 hours may be internal training.
(2) All telecommunicator training shall be
				  approved by the committee, except internal training which shall meet the
				  recommendations established by the committee.
(3) A designated telecommunicator
				  classification may be maintained if a telecommunicator changes employing agency
				  or, if verified, if training was obtained independent of employment.
(4) Continuing education requirements for
				  each 24-month period may be extended by the committee due to a leave of
				  absence. An employing agency shall communicate leave of absence information to
				  the committee.
(5) If a designated
				  telecommunicator fails to complete the training in R 484.805(1) required under
				  this rule, the committee shall issue to the employing agency a noncompliance
				  notification, which shall require corrective measures to be completed within
				  180 days. The notification shall also inform the employing agency that the
				  designated telecommunicator is now an undesignated telecommunicator. A
				  telecommunicator remains undesignated until the committee receives proof of
				  completed training or corrective measures.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Emergency 9-1-1 Service Standards of Training › Part 3 - EXCEPTIONS › Section R. 484.806 - Exceptions

Current through Vol. 24-12, July 15, 2024
Rule 6. Nothing in these rules shall preclude a primary
					 psaps authority from using whatever reasonable resources are available to
					 perform telecommunicator duties in an exigent circumstance.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Responsibilities of Providers of Basic Local Exchange Service that Cease to Provide the Service › Part 1 - GENERAL PROVISIONS › Section R. 484.1001 - Applicability

Current through Vol. 24-12, July 15, 2024
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 this state, including the
					 transfer of customers to other providers and the reclaiming of unused telephone
					 numbers.