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               DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

                         PUBLIC SERVICE COMMISSION

     BILLING STANDARDS FOR BASIC RESIDENTIAL TELECOMMUNICATION
                                SERVICE


(By authority conferred on the public service commission  by  sections  203a, 
213, and 314 of the Act No. 179 of the Public Acts of   1991,   as   amended, 
being SS484.2203a, 484.2213, and 484.2314 of the Michigan  Compiled  Laws)


                        PART 1. GENERAL PROVISIONS


R  484.301   Applicability of rules.
  Rule 1.  These  rules  apply  to  all  providers   of   basic   residential 
telecommunication service.

  History: 1996 AACS.


R  484.302   Definitions.
  Rule 2. As used in these rules:
  (a) "Basic local exchange service" or "service" means the  provision  of an 
access line and usage to residential customers within a  local  calling  area 
for the transmission  of  high-quality,  2-way  interactive   switched  voice 
or data communication for residential purposes.
  (b) "Billing period" means a basic local exchange service  usage  period of 
not less than 28, nor more than 62,  days  unless  the   provider   and   the 
customer agree in writing to another definition of this term.
  (c) "Commission" means the public service commission.
  (d) "Customer" means a purchaser of any  basic   local   exchange   service 
that is subject to these rules.
  (e) "Delinquent account" means a bill rendered to a  customer   for   basic 
local exchange service that remains unpaid at least 1 day   after   the   due 
date of the bill.
  (f) "In dispute" means any matter regarding  a   customer's   basic   local 
exchange service that is the subject of a pending  disagreement,  claim,   or 
complaint by a customer.
  (g) "Informal complaint" means a written or oral  request   or   allegation 
with respect to any aspect of basic local exchange service that  is  not  the 
subject of a formal complaint filed with the commission.
  (h) "Provider" means a person, firm,  partnership,   corporation,   or   an 
affiliated  entity  that  provides  basic  local   exchange    service    for 
compensation.
  (i) "Settlement agreement" means an agreement entered into  by  a  customer 
and a provider that resolves a matter in dispute.
  (j) "Shutoff of service" means the involuntary cessation  of  basic   local 
exchange service.
  (k) "Termination" means a voluntary cessation of   basic   local   exchange 
service at the request of the customer.

  History: 1996 AACS.


R  484.303   Rescission.
  Rule 3.  R  460.2211  to  R  460.2279  of  the   Michigan  Administrative   
Code,appearing on pages 4801 to 4804 and 4806 to 4819 of  the  1979  Michigan 
Administrative Code and pages 406 to 412 of the 1982 Annual Supplement to the 
Code, are rescinded.

  History: 1996 AACS.

                       PART 2. PROHIBITED ACTIVITIES


R  484.321   Discrimination prohibited.
  Rule 21. A provider  shall  not  discriminate  against   nor   penalize   a 
customer for exercising a right granted by these rules.


  History: 1996 AACS.


R  484.322   Provider prohibitions.
  Rule 22. A provider shall not do any of the following:
  (a) Make  a  statement  or  representation,  including   an   omission   of 
material  information,  regarding  the  rates,  terms,   or   conditions   of 
providing a basic local exchange service that  is   false,   misleading,   or 
deceptive.
  (b) Charge a customer for a subscribed service for   which   the   customer 
did not make an initial affirmative order. Failure to refuse  an  offered  or 
proposed service is not an affirmative order for the service.
  (c) If a customer has  canceled  a  service,  charge   the   customer   for 
service provided after the effective date that the service  was  canceled.
  (d) State to a customer that basic local exchange service  will   be   shut 
off unless the customer pays an amount that is due in whole or in part for an 
unregulated service.

  History: 1996 AACS.

                   PART 3. BILLING AND PAYMENT STANDARDS




R  484.331   Billing frequency.
  Rule 31. A provider shall render a bill during each   billing   period   to 
every customer.

  History: 1996 AACS.


R  484.332   Billing cycle.
  Rule 32. A  provider  may  bill  its  customers  on  a  cyclical  basis.
Individual customers shall receive their billings on or about the same day of 
each billing period.


  History: 1996 AACS.


R  484.333   Payment of bills.
  Rule 33. A customer shall have not less than 17 calendar  days   from   the 
date of rendition of each bill for full payment.

  History: 1996 AACS.


R  484.334   Computation of payment period.


  Rule 34. The date of rendition of a  provider's  bill   for   basic   local 
exchange service shall be the date of physical mailing of the  bill  by   the 
provider. If the last calendar day for remittance  falls   upon   a   Sunday, 
legal holiday, or any other day when the offices of  the  provider  regularly 
used for the receipt of payment of customer bills  are  not   open   to   the 
general public, then the final payment date shall be  extended  through   the 
next business day. The date of payment of remittance by  mail   is   2   days 
before receipt of the remittance.

  History: 1996 AACS.



R  484.335   Billing information.
  Rule 35. At a minimum, each bill rendered by a   provider   shall   clearly 
state all of the following information:
  (a) The beginning and ending dates of the billing period.
  (b) The due date.
  (c) Any previous balance.
  (d) The telephone number for which the bill is rendered.
  (e) The total amount due for basic local exchange  service  and   regulated 
toll service.
  (f) An itemized statement of all taxes due.
  (g) The total amount due.
  (h) The statement that rate schedules for basic  local   exchange   service 
are available and will be mailed by the provider upon request at  no  cost to 
the customer.
  (i) The address and telephone number of the  provider,  designating   where 
the customer may initiate an inquiry or informal  complaint   regarding   the 
bill as rendered or the service provided.

  History: 1996 AACS.


R  484.336   Partial payment.

  Rule 36. Unless otherwise specified by the customer, if partial  payment of 
a bill is made, then  the   provider   shall   first   credit   the   partial 
payment to basic local exchange service and regulated toll service.

  History: 1996 AACS.


R  484.337   New services and changes in services.
  Rule 37. (1) Not later than 15 days after the completion of  an  order  for 
new service or a change in existing service  that  results   in   a   billing 
change, the provider  shall  send  to  the  customer   a   written   itemized 
statement of the services ordered, including all associated charges.
  (2) A customer  shall  have  the  right,  within  1   billing   period   of 
receiving a bill for new services or changed services, to cancel,  reduce, or 
modify a service or a portion  of   a   service   without   further   service 
charge.

  History: 1996 AACS.

PART 4. SECURITY DEPOSITS, SERVICE OBLIGATIONS, AND PREPAYMENT OF SERVICES


R  484.341   Cash deposit as a condition of service;  obligation  to  provide 
service; amount of deposit.
  Rule 41. (1) A provider shall  not  require  a  cash   deposit   or   other 
guarantee as a condition of obtaining basic local  exchange  service,  unless 
the prospective customer refuses to produce  identification   that   can   be 
readily and inexpensively verified or if the prospective   customer   has   a 
history of payment default within the past 60  months  for  telecommunication 
services.
  (2) A provider is not obligated to provide service to  a  household   under 
any name if an outstanding bill exists  at  the  address   and   the   person 
responsible for that bill still resides at the address.
  (3) Under the provisions of this rule, a provider may require a  deposit in 
an amount of not more than $150.00 per access line.


  History: 1996 AACS.


R  484.342   Prepayments.
  Rule 42. A provider may require the prepayment  of   1   billing   period's 
charges for basic local exchange service as a condition of  service.   If   a 
customer's basic local exchange  service  is   subject   to   usage-sensitive 
pricing, then the prepayment permitted by this rule shall not  be  more  than 
the average of charges for similar services purchased   in   the   customer's 
exchange  during  the  most  recent  calendar  year  for   which   data   are 
available.


  History: 1996 AACS.

                  PART 5. CUSTOMER ACCESS TO INFORMATION


R  484.351   Publication of procedures.
  Rule 51. (1) A provider of basic local exchange  service   shall   have   a 
pamphlet available for its customers that, in layman's   terms,   lists   and 
summarizes the rights  and  responsibilities  of  its   customers   and   the 
provider in accordance with applicable statutes and these rules.
  (2) The pamphlet required by this rule shall   be   displayed   prominently 
and shall be available at all of the provider's office  locations  that   are 
open to the general public. The pamphlet shall be  available  upon   customer 
request at no charge.
  (3) The pamphlet shall include all of the following information:
  (a) Methods for customers to  understand  and  verify   the   accuracy   of 
billings.
  (b) Payment standards and procedures.
  (c) Procedures for shutoff and  reconnection  of   basic   local   exchange 
service.
  (d) Inquiry, service, and complaint procedures.
  (e) Commission procedures related to customer complaints.
  (4) The information contained in the pamphlet shall be  made  available  by 
the provider in audio format to customers who have visual  impairments  at no 
cost to the customers. The  information  may  be  provided  through  recorded 
announcements or the physical provision of a recording.

  History: 1996 AACS.


R  484.352   Public access to rules and rates.
  Rule 52. A provider of basic local exchange service shall  keep  on   file, 
and provide public access to, a copy of these rules and a  schedule  of   all 
rates and service charges at all of its  offices  that  are   open   to   the 
general public. Upon the request of a customer  and  at  no   cost   to   the 
customer, a provider of basic  local  exchange  service   shall   provide   a 
customer with 1 copy of these rules and the rate  schedules   applicable   to 
the customer's usage.

  History: 1996 AACS.


R  484.353   Telephone directory; information.
  Rule 53. A provider shall publish, on a page  preceding  the   alphabetical 
listings in its telephone directories, in a prominent  manner,  and   without 
charge, all of the following information:
  (a) The telephone number and address of  the  provider   of   basic   local 
exchange service where the customer may inquire about  telephone  service.
  (b) The telephone number and address  of  the   Michigan   public   service 
commission where a customer  may  file  a  formal   complaint   regarding   a 
service regulated by the commission.

  History: 1996 AACS.

         PART 6. INVESTIGATIONS AND INFORMAL COMPLAINT
                        PROCEDURES


R  484.361   Procedures for investigations and informal complaints.
  Rule 61. A provider shall establish procedures   for   investigations   and 
informal complaints that ensure the prompt and  efficient  receipt,  thorough 
investigation, and, where  possible,  resolution   of   customer   inquiries, 
service requests, and informal complaints regarding  basic   local   exchange 
service and rates.

  History: 1996 AACS.


R  484.362   Provider staffing; designation   of   employee   to  respond  to 
commission inquiries.
  Rule 62.  (1)  A  provider  shall  have   reasonably   adequate   resources 
available during  normal  business  hours  to   receive,   investigate,   and 
attempt to resolve all customer inquiries, service  requests,  and   informal 
complaints.
  (2) The name, company title, business address, and telephone  number  of  a 
provider employee who has been designated to respond to  inquiries  made   by 
the commission and its staff shall be on file with the commission.

  History: 1996 AACS.

                         PART 7. FORMAL COMPLAINTS


R  484.371   Filing.
  Rule 71. If the customer  and  the  provider  of   basic   local   exchange 
service are unable to informally resolve a dispute, the customer may  file  a 
formal complaint with the commission.

  History: 1996 AACS.


R  484.372   Alternative dispute resolutions; mediation.
  Rule 72. (1) All of the following provisions, as applicable, shall apply if 
the complaint is for $1,000.00 or less  or  if   the   customer   elects   to 
pursue an alternative means of dispute resolution:
  (a) The customer shall file a  written  complaint   consistent   with   the 
commission's filing requirements.
  (b) If the parties cannot agree  on  an  alternative   means   of   dispute 
resolution  within  20  days,  they  shall  participate   in   a    mediation 
proceeding conducted by  an  administrative  law  judge   or   other   person 
designated by the commission.
  (c) If mediation is utilized, the mediator shall  provide   a   recommended 
settlement to the parties within 45 days after the  written   complaint   was 
filed.
  (d) Within 7 days after the recommended settlement is   provided   to   the 
parties,  each  party  shall  file  an  acceptance  or   rejection   of   the 
recommended settlement with the commission. A party's  failure  to   file   a 
timely acceptance or rejection shall be deemed to be  a  rejection   of   the 
recommended settlement.
  (e)  If  the  parties  accept  the  recommended   settlement,   then    the 
recommendation shall be adopted as the commission's  final   order   in   the 
matter.
  (f) If a party rejects the recommended settlement,   then   the   complaint 
shall proceed to a contested case hearing pursuant to section  203   of   Act 
No. 179 of the Public Acts of 1991, as amended,  being   S484.2203   of   the 
Michigan Compiled Laws, before an administrative law  judge   who   did   not 
conduct the mediation proceeding.
  (g) With regard to the resolution of a  monetary  dispute,   if   a   party 
rejects the recommended settlement, then the party shall  pay  the   opposing 
party's actual costs of proceeding to a contested  case  hearing,   including 
attorney fees, unless the final order of the commission is more  favorable to 
the rejecting party than the  recommended  settlement.  A  final   order   is 
considered  more  favorable  if  it  differs  by  10%  or   more   from   the 
recommended settlement in favor of the rejecting party.
  (h) If both parties reject the recommended settlement,  then   each   party 
shall be responsible for its own costs and attorney fees.
  (2)  If  the  parties  succeed  in  resolving  a   complaint   through   an 
alternative  means  of  dispute  resolution,    including    the    mediation 
proceeding specified in subrule 1(b) of this rule,  then  an   investigation, 
hearings, and commission issuance of its  findings  and   order   under   the 
contested hearings provisions of section 203 of Act No. 179  of  the   Public 
Acts of 1991, as amended, and Act No. 306 of the Public Acts  of   1969,   as 
amended, being SS484.2203 and 24.271 to 24.287 of   the   Michigan   Compiled 
Laws, respectively, are not required.

  History: 1996 AACS.


R  484.373   Payment of amount not in dispute.
  Rule 73. (1) If a customer files a formal complaint  with  the  commission, 
then the provider may require the customer to pay an amount  equal   to   the 
part of the bill that is not in dispute.
  (2) The amount that is not in dispute shall be   mutually   determined   by 
the parties.
  (3) If the parties are unable to mutually determine the  amount   that   is 
not in dispute, then the provider may require the customer to pay  up  to 50% 
of the amount that is in dispute.
  (4) If the customer fails to pay to the provider either the amount  that is 
not in dispute or 50% of the  amount   that   is   in   dispute,   then   the 
provider may shut off service in a manner that is   consistent   with   these 
rules.
  (5) If the dispute is ultimately resolved in favor of  the   customer,   in 
whole or in part, then any excess moneys paid by  the   customer   shall   be 
refunded promptly, with simple interest paid at the rate   paid   on   United 
States savings bonds, series EE.

  History: 1996 AACS.

                        PART 8. SHUTOFF OF SERVICE


R  484.381   Shutoff of service; reasons.
  Rule 81. Subject to the requirements of these rules, a  provider  may  shut 
off basic local exchange service to a  customer  for  1  or   more   of   the 
following reasons:
  (a) Nonpayment of a delinquent account for basic local exchange service.
  (b) Nonpayment of a delinquent account with a delinquent balance of $150 or 
more for basic local exchange service and regulated toll service in the  name 
of the customer.
  (c) Maintaining a delinquent balance of $125 or more  for   3   consecutive 
months for basic local exchange service and regulated toll service.
  (d) Unauthorized tampering or interference with  facilities  and  equipment 
owned by a provider of basic local exchange service that are  situated  on or 
about the customer's premises.
  (e) Refusal to grant access at reasonable times  to   equipment   installed 
upon  the  premises  of  the  customer  for  the   purpose   of   inspection, 
maintenance, or replacement.
  (f) Misrepresentation of the customer's  identity  for   the   purpose   of 
obtaining basic local exchange service.
  (g) A violation of a tariff provision of the  provider   of   basic   local 
exchange service that is on file with or approved by  the   commission   that 
adversely affects the safety of the  customer  or  other   persons   or   the 
integrity of the provider's basic local exchange system.
  (h) Any other unauthorized use or interference with  basic  local  exchange 
service, including improper use of a party line service  by   denying   other 
customers on the line an equitable proportionate use of the service.

  History: 1996 AACS.


R  484.382   Psychiatric and medical emergencies.
  Rule 82. Notwithstanding any other provision of these  rules,  a   provider 
shall postpone the shutoff of basic local exchange  service   and   regulated 
toll service to a customer for not more  than  15  days   if   the   customer 
produces a physician's certificate stating  that  the   current   mental   or 
physical condition of the customer, a member of the  customer's  family,   or 
another permanent resident of the premises where service is  rendered  who is 
suffering from an existing mental  illness  or  medical  condition  will   be 
endangered by a shutoff of service. The  certificate   shall   identify   the 
mental illness or medical condition of the customer,  the   member   of   the 
customer's family, or other  permanent  resident  of   the   premises   where 
service is rendered. If  a  provider  is  notified   telephonically   or   in 
writing that a psychiatric or medical emergency exists,  then  the   provider 
shall permit 7 days for the customer to produce the certificate or notice.
The postponement may be extended for 1 additional  15-day   period   by   the 
renewal and the resubmission of the certificate or notice.

  History: 1996 AACS.


R  484.383   Form and contents of notice.
  Rule 83. Notice of shutoff of basic local exchange  service  shall  contain 
all of the following information:
  (a) The name and the billing address of the customer and,  to  the   extent 
possible, the address of the service, if different.
  (b) A clear and concise statement of the reason for the proposed shutoff of 
service.
  (c) The date after which service will  be  subject   to   shutoff   without 
further notice unless the customer takes appropriate action.
  (d) The right of the customer  to  file  a  formal   complaint   with   the 
commission if the dispute cannot be otherwise  resolved   and   a   statement 
that the customer must pay to the provider of basic  local  exchange  service 
that portion of the bill for basic local exchange   service   and   regulated 
toll service that is not in dispute within 3 days of  the   date   that   the 
formal complaint is filed.
  (e) A statement that service will not be shut off pending the resolution of 
a formal complaint that is filed  and  prosecuted  in  conformity  with   all 
applicable statutes, rules, regulations, and orders of the commission.
  (f) The telephone number and address of  the  provider   of   basic   local 
exchange service where the customer may  make  inquiry  or   enter   into   a 
settlement agreement.

  History: 1996 AACS.


R  484.384   Notice of shutoff of service.


  Rule 84. (1) A provider of basic local exchange service  shall   not   shut 
off service unless written notice is sent, by  first-class   mail,   to   the 
customer or personally served not less than 5 days before the  date  of   the 
proposed shutoff. If a shutoff of service is sought for   nonpayment   of   a 
delinquent account, then a notice of shutoff shall not be  sent  before   the 
time the account becomes delinquent. Service of notice by  mail  is  complete 
upon mailing, unless proven otherwise by the customer. A  provider  of  basic 
local exchange service shall maintain an accurate record of   the   date   of 
mailing. The provider is responsible for the accurate and  timely  notice  of 
shutoff.
  (2) A notice of shutoff of service shall not be issued if a customer has  a 
pending formal complaint concerning the bill  upon  which   the   notice   is 
based.

  History: 1996 AACS.


R  484.385   Time of shutoff.
  Rule 85. (1) Subject to the requirements of these rules,  a  provider   may 
shut off basic local exchange service to a customer on the date  specified in 
the notice of shutoff or within a reasonable time thereafter,  but   only  at 
times that the provider has personnel available to  reconnect  service.
  (2) Basic local exchange service shall not be shut off on a day,  or  a day 
immediately preceding a  day,  when  the   provider's   personnel   are   not 
available to reconnect service.
  (3) Basic local exchange service shall not be shut off  while  a  complaint 
related to the reason for the shutoff is pending.

  History: 1996 AACS.


R  484.386   Restoration of service.
  Rule 86. (1) After basic local exchange service has  been   shut   off,   a 
provider shall restore service promptly, but not later than  1  working   day 
after the customer's request, when the cause for the   shutoff   of   service 
has been cured or credit arrangements satisfactory to   the   provider   have 
been made.
  (2) Any payments required for service restoration may  be   made   by   the 
customer in any reasonable  manner.  Payment  by  personal   check   may   be 
refused by the provider if the  customer  has  tendered   payment   in   this 
manner and the  check  has  been  dishonored  during  the   last   3   years, 
excluding bank error.
  (3) Before restoring service, a provider may require 1 or   more   of   the 
following:
  (a) Payment of the total amount due on all of  the  customer's   delinquent 
and shutoff accounts for basic local exchange service  and   regulated   toll 
service owed to the provider.
  (b) An arrangement or settlement agreement requiring the  payment  of   all 
amounts owed  to  the  provider  for  basic  local   exchange   service   and 
regulated toll service.
  (c) Payment of an amount provided by tariff  for   basic   local   exchange 
service restoration.
  (d) A security deposit or payment  guarantee  not  to   exceed   $150   per 
access line.

  History: 1996 AACS.



 



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