DEPARTMENT OF LABOR AND ECONOMIC GROWTH

                          PUBLIC SERVICE COMMISSION

                         TELECOMMUNICATION SERVICES

(By authority conferred on the public service commission by sections 202  and 
213 of 1991 PA 179, MCL 484.2202 and 484.2213)


                           PART 1.  GENERAL PROVISIONS

R 484.519   Applicability.
  Rule 1. These rules apply to telecommunication services  regulated   by the 
commission.

  History: 2005 AACS.


R 484.520   Definitions.
  Rule 20. (1) As used in these rules:
  (a) "Act" means 1991 PA 179, MCL 484.2101 to MCL 484.2701.
  (b) "Answer" means that a provider's representative, voice  response  unit, 
or automated operator system is ready to render assistance or ready to accept 
information necessary to process a call.
  (c) "Average busy season, busy hour  traffic"  means  the  average  traffic 
volume for the busy season, busy hour.
  (d) "Business day" means those days on which  the  provider's  offices  are 
open for business.
  (e) "Busy hour" means the hour when a  telecommunication  switching  system 
carries the greatest volume of  traffic.  The  busy  hour  is  typically  the 
busiest hour of the busiest day of a normal week.
  (f)  "Busy  season"  means  the  period  of  the  year   during   which   a 
telecommunication switching system carries the greatest volume of traffic.
  (g) "Call" means the action by a customer to obtain a telephone  connection 
whether the connection is completed or not.
  (h) "Central office" means a switching unit in a  telecommunication  system 
which provides service to the general public, and  which  has  the  necessary 
equipment and operating  arrangements  for  terminating  and  interconnecting 
customer lines and trunks or trunks only.
  (i) "Commission" means the Michigan public service commission.
  (j)   "Customer"  means  any  person,   firm,   partnership,   corporation, 
municipality,  cooperative,  organization,  or  governmental   agency   using 
regulated telecommunication services furnished by a provider.
  (k) "Customer trouble report" means any  oral  or  written  report  from  a 
customer relating to a physical defect, difficulty, or  dissatisfaction  with 
the operation or facilities of a provider.
  (l) "Emergency" means the loss of service to any of the following entities:
  (i) A hospital, medical care facility,  or  any  other  facility  providing 
health or public safety services.
  (ii) An employee of a public safety,  emergency  medical,  or  professional 
trade who is on call during the service loss and has so advised the provider.
  (iii) A person who has a medical need that is life-threatening and  has  so 
advised the provider.
  (iv) A school while in regular class session.
  (v) An adult care facility.
  (vi) A child care facility during business hours.
 (m)  "Enhanced 9-1-1 (E 9-1-1)" means an advanced form of 9-1-1 service that 
transmits the caller's telephone number to the public safety answering point, 
for cross-reference with  an  address  database  to  determine  the  caller's 
location, which is relayed to a video-monitor for the emergency dispatcher to 
direct public safety personnel responding to the emergency.
 (n) "Exchange" means 1 or more contiguous central offices and all associated 
facilities within a geographical area in which basic local  exchange  service 
is offered by a provider. 
  (o) "Facilities-based provider" means  a  telecommunication  provider  that 
provides basic local exchange service to  end  user  customers  by  means  of 
network facilities that it owns or controls. Where the term  facilities-based 
provider is used throughout these rules, the  rule  shall  only  apply  to  a 
provider to the extent that the rule applies to the network  facilities  that 
the provider user owns or controls and  uses  to  provision  service  to  the 
affected end-user.
  (p) "Installation"  means  the  provision  of  service  to  the  provider's 
interface device or equivalent equipment.
  (q) "Line" or "access line" means the medium over which a telecommunication 
user connects into the local exchange.
  (r) "Local calling area" means a geographic area  encompassing  1  or  more 
local communities as described in maps, tariffs, or rate schedules filed with 
and approved by the commission.
  (s) "NPA-NXX" refers to the first 6 digits of a 10-digit telephone  number, 
where the first 3 digits of the telephone number identify the numbering  plan 
area (NPA) or area code and the second 3 digits (NXX)  identify  the  central 
office code or prefix that serves that number.   
  (t) "Out of service" means a condition of  a  customer's  telecommunication 
service that prevents the customer from either making or receiving calls.
  (u)  "Residential  customer"  means  a  person  to  whom  telecommunication 
services are furnished predominantly for personal or domestic purposes at the 
person's dwelling.
  (v) "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.
  (w) "Small business customer" means a business which has 3 or fewer  access 
lines.
  (x) "Tariff" means the compilation of all rates, charges,  classifications, 
and rules adopted by a provider and filed with the commission.
  (y) "Traffic" means telephone call volume, based on the number and duration 
of messages.
  (2) A term defined in the act has the same meaning when used in these rules.

  History: 2005 AACS; 2007 AACS


                          PART 2.  RECORDS, REPORTS, AND TARIFFS

R 484.521   Availability of records.
  Rule 21.  (1)  A provider shall make  available  to  the   commission    or 
its staff, upon request, all records, reports, and other information required
 to determine compliance with these rules and to permit the  commission   and 
its staff to investigate  and  resolve  quality  of  service  issues  related
 to regulated telecommunication services.
  (2)   A  provider  shall  make  records,  reports,  and  other  information 
available to the  commission   or   its   staff   in   5    business    days, 
preferably  in  an electronic format  which  is   available    through    the 
internet   and   which   is  accessible  with  standard   browser   software, 
identification, and  password,  or as soon thereafter as feasible.
  (3)  Records constituting or incorporating trade  secrets   or   commercial 
or financial information that are made available to the commission   or   its 
staff may be made exempt from disclosure pursuant to section 210 of the act.

  History: 2005 AACS.


R 484.522   Retention of records.
Rule 22.  A provider shall preserve, in detail, all records required by these 
rules for the immediate past 12 months, and shall preserve, in summary  form, 
all records for not less than  3  years,  unless  otherwise  ordered  by  the 
commission.

  History: 2005 AACS.


R 484.523   Report of service disruption.
  Rule 23. (1) A facilities-based  provider  shall  report  promptly  to  the 
commission any specific occurrence on its network that disrupts service to  a 
substantial number of customers or that may impair  its  ability  to  furnish 
service to a substantial number of  customers.  A  facilities-based  provider 
shall report all disruptions that affect the lesser of 25% or  2,000  of  the 
access lines in any exchange for  1  hour  or  more.   It  shall  notify  the 
telecommunications division of the commission within 90 minutes  of  becoming 
aware of the disruption during normal business hours, or, if  the  disruption 
occurs during the evening or a weekend, within 90 minutes of the commencement 
of the next business day.  The facilities-based provider  shall  also  notify 
other providers dependent on the facilities-based provider's  network  within 
90 minutes of  becoming  aware  of  the  occurrence,  unless  interconnection 
agreements specify other notice requirements.
  (2) A  facilities-based  provider  shall  file  a  final  report  with  the 
telecommunications division of the commission in electronic  form  within  30 
days of any service disruption subject to  subrule  (1)  of  this  rule.  The 
report shall contain all of the following information:
  (a) The reason for the disruption.
  (b) The geographic area affected.
  (c) The number of customers affected.
  (d) The type of services affected.
  (e) The effect upon the provider.
  (f) Whether the service disruption was avoidable.
  (g) An explanation of the provider's remedy for the service disruption.
  (h) A description of the actions that the provider has taken or could  take 
to avoid similar disruptions in the future.
  (3) The  reports  submitted  to  the  telecommunications  division  of  the 
commission under subrules (1) and (2) of this rule shall be deemed to contain 
confidential information within the meaning of Section 210  of  the  act  and 
shall be exempt from the freedom of information act, 1976 PA 442, MCL  15.231 
to MCL 15.246.

  History: 2005 AACS; 2007 AACS


R 484.524   Service measurements.
  Rule  24.  Upon  request  of  the  commission   or   the   staff   of   its 
telecommunications division, a provider shall  provide  the  commission  with 
documentation of the provider's compliance with these rules.

  History: 2005 AACS; 2007 AACS


R 484.525   Tariffs.
  Rule 25.   A  provider  shall  file  its  tariff  with  the  commission  in 
accordance with applicable laws and commission orders governing the filing of 
tariffs.
A provider's bills and telephone directories  shall  prominently  display  an 
internet URL address at which its tariff is available or a  phone  number  to 
call for information.

  History: 2005 AACS.


                               PART 3.  CUSTOMER RELATIONS


R 484.531   Rate and special charges information.
  Rule 31. (1) Upon the request of a customer or an applicant for service,  a 
provider shall explain the rates, charges,  and  provisions  under  which  it 
provides service and shall provide a copy of the applicable tariff section or 
pages for the regulated telecommunication services. This requirement  may  be 
satisfied by referring a customer to an internet website  containing  tariffs 
if the customer states he or she has access to the website.
  (2)  A  provider  shall  furnish  reasonable  access  to  information   and 
assistance necessary to enable the customer or applicant to obtain  the  most 
economical service available to meet the  customer's  or  applicant's  stated 
needs, including state or federal "lifeline" programs that may be available.  
The provider shall  advise  the  customer  or  applicant  about  any  of  the 
provider's alternative services that are available to meet those  needs.  The 
information may include printed  explanations  of  alternative  services  and 
rates. This information shall be accessible on the provider's website.
  (3) A provider shall do all of the following:
  (a) Before the customer purchases the service or upon request, provide each 
customer a clear and simple explanation of the terms and  conditions  of  the 
services purchased by the customer including, but not limited to, a statement 
of all fees, charges, and taxes that  will  be  included  in  the  customer's 
monthly bill.
  (b) Include in the statement required by subdivision (a) of this subrule  a 
good faith estimate by the provider of  the  actual  monthly  cost  that  the 
customer will be required to pay if the service is purchased.
  (c) Comply with all federal  and  state  requirements  regarding  truth  in 
billing, E 9-1-1 services, and primary basic local exchange service.
  (d) If E 9-1-1 service is not available to the customer, then  ensure  that 
the customer has an alternative means to reach emergency service responders.
  (4) Upon request, a provider shall furnish the customer or applicant with a 
written, detailed estimate of any special charges not specifically set  forth 
in the provider's tariff. Special charges include any of the following:
  (a) Extraordinary construction, maintenance, and replacement costs.
  (b) Expenses for overtime work at the customer's or applicant's request.
  (c) Special installations, equipment, and assemblies.

  History: 2005 AACS; 2007 AACS


R 484.534   Public information.
  Rule 34. (1) A provider shall make available to a customer or applicant all 
of the following information on  a  website  or  shall  provide  copies  upon 
request:
  (a) Maps or NPA-NXX data showing local calling areas and zone boundaries.
  (b) Publicly announced information  as  to  the  availability  of  specific 
classes of service at a customer's or applicant's location.
  (c) Publicly announced  information  concerning  plans  for  major  service 
changes at a customer's or applicant's location.
  (2) A provider shall advise a customer if the customer  is  located  in  an 
area in which the dialing of a 7- or  10-digit  number  may  result  in  toll 
charges.
  (3) A provider shall prominently display on its bills and other messages to 
its customers the provider's phone numbers to be used for customer inquiries, 
disputes, repairs, and other contacts.
  (4) A provider shall provide upon request a corporate  mailing  address  to 
which a customer may write and at which the provider will  accept  registered 
or certified mail for complaints, inquiries, and disputes and  shall  respond 
in a timely manner. 
  (5) A provider shall provide upon request a  corporate  e-mail  address  to 
which a customer may write and at which the  provider  will  accept  e?mailed 
complaints.
  (6) A provider shall provide upon request the name, address, and  telephone 
number of the appropriate regulatory agency.

  History: 2005 AACS; 2007 AACS


R 484.535   Business offices.
   Rule  35.  (1)  A  provider  shall  maintain  business  offices  that  are 
adequately staffed with qualified persons to do all of the following:
  (a) Provide information relating to its services and rates.
  (b) Accept and process applications for service.
  (c) Explain charges on bills.
  (d) Adjust erroneous charges.
  (e) Enter into payment arrangements.
  (f) Act as a representative of the provider.
  (2) A provider shall maintain a local  or  toll-free  telephone  number  by 
which all customers served by a business office may call that  office  at  no 
charge.
  (3) A provider shall maintain sufficient staffing to ensure that  customers 
and others who call a business office are permitted to talk to a  person  who 
is able to provide assistance within a monthly  average  of  120  seconds  of 
calling the office during normal business hours.
  (4) A provider shall ensure that all information provided to customers  and 
others is accurate and in compliance with commission rules and the provider's 
tariff. A provider shall not make a statement to a customer that the provider 
knows to be untrue.

  History: 2005 AACS; 2007 AACS


R 484.538   Rescinded.

  History: 2005 MR 15, Eff. Aug 5, 2005; rescinded 2007 MR 24, Eff. Dec. 27,
2007.


R 484.539   Directories.
  Rule 39. (1) A provider shall furnish to  new  customers  and  annually  to 
existing  customers,  at  no  additional  charge,  an  up-to-date   telephone 
directory for the customer's area unless  the  provider  and  customer  agree 
otherwise.
  (2) If a provider publishes a directory, the provider shall furnish a  copy 
to the commission.
  (3) The front cover of each directory shall indicate the area  included  in 
the directory and the month and year of  issue.  The  front  portion  of  the 
directory shall conspicuously feature  information  about  placing  calls  to 
emergency services, police and  fire  departments,  E  9-1-1  service,  2-1-1 
service, and dual party relay service.
  (4) Each  directory  shall  contain  instructions  concerning  all  of  the 
following:
  (a) Placing of local and long-distance calls.
  (b) Obtaining repair and directory assistance services.
  (c) The locations and telephone numbers of the provider's  business  office 
or offices for the area served by the directory.
  (d) The means to determine which numbers are in the local calling area.
  (e) How to identify the equipment for which the provider is responsible and 
the equipment for which the customer is responsible.    

  History: 2005 AACS; 2007 AACS


R 484.540   Directory errors, omissions, and changes.
  Rule 40.  (1) If an error in the listed number of a customer  occurs,   and 
the error resides in the provider's switch, then the provider shall intercept 
all calls to the listed number for the remaining life of the  directory,   if 
the existing central office equipment permits it to do so and the number   is 
not in service for another customer.
  (2)  If an error or omission in the name listing of a   customer    occurs, 
then the provider shall include   the    customer's    correct    name    and 
telephone number in the files  of  the  directory  assistance  and  intercept 
operators.
  (3)  If a customer's telephone number is changed,   then    the    provider 
shall intercept all calls to the previous number for a minimum  of  3  months 
and give the calling party  the  new  number  unless  the   previous   number 
has  been reassigned, the customer has  denied  permission,   or    equipment 
limitations prevent the intercept.
  (4)   If  additions  or  changes  to  plant  or  any    other    operations 
necessitate changing telephone numbers assigned to a group of customers, then 
a  provider shall give reasonable notice to  all  customers  affected,   even 
though  the change in numbers may coincide with the issuance of a directory.

  History: 2005 AACS.


R 484.540a  Rescinded.

  History: 2005 MR 15, Eff. Aug 5, 2005; rescinded 2007 MR 24, Eff. Dec. 27, 
2007.


R 484.540b  Rescinded.

  History: 2005 MR 15, Eff. Aug 5, 2005; rescinded 2007 MR 24, Eff. Dec. 27, 
2007.


R 484.540c   Complaints and appeals.
  Rule 40c. (1) Within 10 business days after receiving an  oral  or  written 
complaint from a customer or applicant,  a  provider  shall  investigate  and 
respond fully and promptly unless an  extension  of  time  is  requested  and 
granted by the complainant. A provider shall notify the customer or applicant 
of its proposed disposition of the complaint after having made a  good  faith 
attempt to resolve the complaint. Upon request by the customer or  applicant, 
a provider shall furnish its proposed disposition of the complaint in writing.
  (2) A provider shall prominently include, on all of its bills and  in  each 
telephone directory, the telephone number to which a  customer  or  applicant 
can make inquiries and direct a complaint. The provider shall provide a  mail 
and e-mail address upon request and shall identify a  distinctive  entity  or 
person designated by the provider to receive written complaints.
  (3) A provider shall require its personnel  to  provide  upon  request  any 
complaint escalation procedures and the name, address, and  telephone  number 
of the commission for further review of an unresolved problem.
  (4)  Upon  receipt  of  a   written   complaint   from   the   commission's 
telecommunications division, a provider shall do all of the following:
  (a) If necessary,  attempt  to  contact  the  affected  customer  within  2 
business days.
  (b) Promptly investigate the  complaint  and  report  the  results  of  its 
investigation.
  (c) Provide a final response to the commission  or  its  telecommunications 
division within 10 business  days,  unless  an  extension  is  requested  and 
granted by the commission's telecommunications division.
  (5) Failure to  respond  to  a  customer,  applicant,  commission,  or  the 
commission's telecommunication division within 30 days of a complaint, unless 
an extension is granted, shall create a presumption  that  the  complaint  is 
valid.

  History: 2005 AACS; 2007 AACS


                         PART 4.  ENGINEERING AND PLANNING

R 484.541   Construction.
  Rule 41.  (1)  A provider shall design, engineer,   construct,    maintain, 
and operate its telecommunication plant and facilities  as    a    reasonably 
prudent provider would and in compliance with R 460.813,  except  as  may  be 
modified  by  the  commission.   A  provider  shall   comply    with    these 
requirements  in  the manner that best  accommodates  the    public       and 
prevents,  to  the   extent  practical,   interference    with    and    from 
services   furnished   by   other  telecommunication  service  providers  and 
public utilities.
  (2)   A  provider  shall  design  its  telecommunication   plant    as    a 
reasonably prudent  provider  would  so  as  to    prevent    electromagnetic 
interference  from alternating current  power  systems.    A  provider  shall
 engage  in  prior coordination with an electric utility before  placing  new
 plant  or  making major changes in existing  plant  likely  to  be  affected
 by  the  electric utility's facilities.
  (3)  To minimize the  occurrence  of  voltage  and  grounding  problems,  a 
provider shall consult and coordinate with existing electric and natural  gas 
utilities in the general  vicinity  of  planned    telecommunication    plant 
construction before construction.
  (4)  A provider shall comply with the provisions  of  1974  PA   53,    MCL 
460.701 et seq.

  History: 2005 AACS.


R 484.542   General practices.
  Rule   42.    (1)    A  provider  shall  employ  prudent   management   and 
engineering practices,  including  the  use  of  reliable   procedures    for 
forecasting  future demand for services.  It  shall  conduct   studies    and 
maintain  records  to determine whether regulated telecommunication  services 
will comply with these rules.
  (2)  A provider shall make  traffic  studies  and  maintain   records    as 
required to determine if sufficient equipment and  an   adequate    operating 
force  are provided at all times,  including  the  average  busy  hour,  busy 
season.
  (3)   A  provider  shall  install  sufficient  central   office    capacity 
and equipment to permit customers to obtain dial tone within 3 seconds  98.5%
 of the time and complete  not  less  than  99%  of  dialed   calls   without 
encountering an equipment blockage or irregularity.
  (4)  A provider shall engineer,  construct,  and  maintain  the  trunk  and 
related switching components in the provider's network that connect  to   the 
switched access network so that  not  less  than  99%  of   properly   dialed 
switched  access calls (outgoing  trunks) during the average  busy     season 
do  not  encounter equipment blockage or irregularity.

  History: 2005 AACS.


R 484.543   Customer line transmission requirements.
  Rule 43. A provider shall comply with all of the  following  standards  for 
all customer loops at the network interface device:
  (a) A circuit loss of less  than  8.5  decibels  measured  to  a  milliwatt 
reference.
  (b) A circuit current of 20 milliamperes or more.
  (c) A  circuit  noise  level  of  less  than  30  decibels-reference  noise 
calibration.
  (d) A power influence  level  of  less  than  90  decibels-reference  noise 
calibration.

  History: 2005 AACS; 2007 AACS


R 484.544   Intralata trunk transmission requirements.
  Rule 44.    A  facilities-based  provider  shall  comply  with   both    of 
the following standards for all intralata trunks:
  (a)  Interoffice trunks shall have an objective of +/- 3.6   decibels    of 
the engineered measured loss.
  (b)  End office to end office testing shall have  an  objective   of    +/- 
3.6 decibels per switched leg of the engineered measured loss.

  History: 2005 AACS.


R 484.545   Inspections and tests.
  Rule 45.  (1)  A  facilities-based  provider  shall  adopt  and   implement 
a written program, including, but not  limited  to,  periodic   and   routine 
testing and inspection of all of the following:
  (a)  Interoffice trunking, before and after being placed in service.
  (b)  Central office switching equipment connections.
  (c)  A sample of customer loops in each exchange.
  (2)  The written program shall  be  developed  so  as   to    achieve    an 
efficient operation of the provider's system and  the  rendering   of   safe, 
adequate,  and continuous service for both  routine  testing  and  inspection 
activities and for the testing and inspection of trouble locations.
  (3)  A facilities-based provider shall maintain,  or  have    access    to, 
test facilities   enabling   it   to   determine    the     operating     and 
transmission capabilities  of  all  equipment  and  facilities  specified  in 
subrule (1) of this rule.

  History: 2005 AACS.


R 484.546   Emergency operation.
  Rule 46. (1) A facilities-based provider shall make reasonable provision to 
provide service notwithstanding emergency power  interruptions,  unusual  and 
prolonged increases in traffic, illness of its personnel, and fires,  storms, 
or other emergencies. It shall inform its employees of the procedures  to  be 
followed for an emergency to prevent or minimize 
interruption and impairment of telecommunication service.
  (2) A facilities-based provider shall equip  each  central  office,  remote 
switch, remote line unit, and interexchange toll switching office  or  access 
tandem with a minimum of 3 hours of peak load battery reserve,  if  permanent 
auxiliary power is installed, and 5 hours of battery  reserve,  if  permanent 
emergency power is not installed, or 8 hours of battery 
reserve if the central  office  is  in  a  remote  location.  It  shall  have 
available a mobile power unit  to  be  delivered  and  connected  to  central 
offices, remote switches, and remote line units within 8 hours.
  (3) A provider shall maintain current, written  emergency  procedures  that 
are directed to the prompt restoration of  telecommunication  service  during 
abnormal conditions.
  (4) An E 9-1-1 service supplier shall provide  24-hour,  7-day-a-week  data 
base access so as to permit information to be acquired or corrected.
  (5) A provider, E 9-1-1 service supplier, public safety answering point, or 
any entity providing or maintaining  E  9-1-1  data  base  information  shall 
correct each error in the 9-1-1 system or data base within 1 business day.

  History: 2005 AACS; 2007 AACS


                           PART 5.  REPAIR AND INSTALLATION


R 484.551   Maintenance of plant and equipment.
  Rule 51. (1) A  facilities-based  provider  shall  adopt  and  implement  a 
maintenance program designed to achieve efficient  operation  of  its  system 
consistent with the rendering of safe, adequate, and  continuous  service  in 
compliance with applicable codes, including the national electric safety code 
and other state and local codes.
  (2) A facilities-based provider shall test, as  needed,  and  maintain  all 
plant and equipment up to and including the network interface device  at  the 
customer's location in safe and  serviceable  repair  at  no  charge  to  the 
customer beyond the normal monthly charge for basic local exchange service.   
A facilities-based provider shall do at least all of the following:
  (a) Repair or replace broken, damaged, or deteriorated parts.
  (b) Readjust adjustable  apparatus  and  equipment  when  found  to  be  in 
unsatisfactory operating condition.
  (c) Correct electrical faults, such as leakage or  poor  insulation,  noise 
induction, cross talk, or poor transmission characteristics.

  History: 2005 AACS; 2007 AACS


R 484.552   Customer trouble reports.
  Rule 52.  A facilities-based provider shall  maintain  service   so    that 
the average monthly rate of all customer trouble reports does not  exceed   4 
per 100 access  lines,  excluding  reports  concerning  interexchange   calls 
and trouble found in equipment other  than  the  provider's  equipment,  such
 as inside wiring and customer premises equipment.

  History: 2005 AACS.


R 484.553   Customer repair requests.
  Rule 53. (1) A provider shall make provision for the  receipt  of  customer 
repair requests at all hours. A provider shall maintain adequate personnel to 
answer customer repair calls within a  monthly  average  of  25  seconds.  An 
acknowledgment that the customer is waiting on the line is not an answer.
  (2) A provider shall maintain adequate personnel to answer  customer  calls 
within a monthly average of 3 minutes with the assistance of a live person.
  (3) A provider shall arrange to have  a  representative  available  at  all 
times to accept calls from providers and  users  of  E  9-1-1  and  emergency 
services to report trouble  with  its  telecommunication  services  to  those 
providers.
  (4) A provider shall make a full and prompt  investigation  of  all  repair 
requests and shall render reasonable assistance to the customer to identify a 
cause for the outage that may be corrected by the customer.
  (5) A provider shall maintain an accurate  record  of  repair  requests  by 
telephone number or circuit number, as appropriate.  The record shall include 
all of the following information:
  (a) The customer or service affected.
  (b) The time, date, and nature of the repair request.
  (c) The action taken to clear the repair request or satisfy the complaint.
  (d) The date and time the repair was completed or the request was otherwise 
closed.
  (6) Until the customer indicates satisfaction of the  request,  a  provider 
shall not attempt to market new services to a customer calling  to  report  a 
repair request, unless such services would assist in resolving the problem.  
  (7) If access to a customer's premises is necessary to complete the  repair 
and the customer is not available, then a tag shall be left on the customer's 
door indicating the date, an explanation of the repair problem  necessitating 
entry into the customer's premises, and the technician's name and signature.

  History: 2005 AACS; 2007 AACS


 R 484.554   Emergency repairs.
   Rule  54.  (1)  A  provider  shall  attempt   to   clear   all   emergency 
out-of-service trouble within 4 hours after being reported to or found by the 
provider, except in any of the following situations:
  (a) The safety of the provider's personnel would be at risk.
  (b) Access to the customer's premises is required but not available.
  (c) The repair is necessitated by an  unavoidable  occurrence  affecting  a 
large number of customers.
  (d) The repair is technically infeasible to accomplish.
  (2) All providers shall have emergency E 9-1-1 plans to serve all customers 
who lack access to E 9-1-1 for periods greater than 4 hours.
   (3) A provider shall expedite a repair for a customer who  has  a  medical 
emergency.  Unless  it  has  a  specific,  identifiable  reason  to  doubt  a 
customer's claim, a provider shall accept the customer's statement there is a 
medical condition requiring expedited restoration of service.

  History: 2005 AACS; 2007 AACS


 R 484.555   Out-of-service repairs.
   Rule 55. (1) A provider shall arrange to clear all out-of-service  trouble 
of a nonemergency  nature  within  the  following  time  frames,  unless  the 
customer agrees to alternative arrangements:
  (a) Out-of-service trouble shall be cleared within a monthly average of  36 
hours after being reported to or found by the provider.
  (b) The same repeat out-of-service trouble reported or found within 15 days 
of a prior repair shall be repaired the same or next business day after being 
reported to or found by the provider and identified as a repeat trouble.
  (2) For any service outage which is not cleared within  36  hours  or  less 
from the time it is reported to or found by the provider,  a  provider  shall 
give a customer a bill credit equal to 1/30 of the customer's monthly  charge 
for basic local exchange service for each day of the outage until service  is 
restored.  
  (3) If a provider fails to achieve a monthly  average  repair  time  of  36 
hours or less for 3 consecutive months,  that  provider  shall  credit  those 
residential and small business customers  for  whom  the  provider  fails  to 
repair the service within 36 hours or less, on  a  going  forward  basis,  an 
additional $5.00 per day for the fourth and subsequent days of service outage 
until the first full day that service is restored.  The  provisions  of  this 
subrule shall continue to apply until the provider achieves a 36-hour or less 
monthly average repair time for 3 consecutive months.  
  (4) For the same repeat trouble within 15 days of the first  occurrence,  a 
provider shall give a residential or small  business  customer  a  credit  of 
$5.00 for each day or portion of each day, beginning the second day after the 
repeat trouble is reported to or found by  the  provider,  until  service  is 
restored. 

  History: 2005 AACS; 2007 AACS


R 484.556   Other repairs.
  Rule 56.  A provider shall arrange to clear trouble that does  not  involve 
an emergency or out-of-service condition within a monthly average    of    36 
hours after being reported to or found by the provider.

  History: 2005 AACS.


R 484.557   Repair appointments and commitments.
  Rule 57. (1) For all repair requests requiring a customer to be present,  a 
provider shall give a residential or small business customer  a  4-hour  time 
period within which the repair will  commence.   Otherwise,  the  commitments 
will specify a 24-hour period.
  (2) For appointments scheduled at least 48 hours  in  advance,  a  provider 
shall keep all repair commitments unless it contacts the  customer  not  less 
than 24 hours in advance and reschedules the appointment  or  commitment.  If 
unusual repairs are required or other  factors  preclude  completing  repairs 
promptly, then a  provider  shall  make  reasonable  efforts  to  notify  the 
customer.
  (3) If a provider misses a time commitment and subrule  (2)  of  this  rule 
does not apply, then the provider shall give the customer a credit of  $15.00 
for each missed commitment.

  History: 2005 AACS; 2007 AACS


R 484.558   Installation and local number portability commitments.
  Rule 58. (1) A provider shall install service for a  residential  or  small 
business customer or applicant within a monthly average of 5 business days of 
the request, unless a later date is requested or agreed to by the customer or 
applicant, the customer or applicant misses the  appointment,  or  government 
permits or right-of-way access are required before installation.
  (2) For basic local exchange service, a provider  shall  release  the  loop 
facilities and telephone number serving its customer within a monthly average 
of 4 business days after a request is made by a customer or on  behalf  of  a 
customer to change local service providers.
  (3) A provider shall keep records of all  installations  and  local  number 
portability requests not completed by the commitment date.
  (4) If a provider does not complete an installation, except  migration,  by 
the fifth day or commitment date, then the provider shall waive  50%  of  the 
installation fee, unless the customer or applicant misses the appointment. If 
a provider does  not  complete  an  installation  by  the  eleventh  day,  or 
migration by the sixteenth day, then the provider shall  waive  100%  of  the 
installation fee, unless the customer or applicant misses the appointment.
  (5) A provider shall provide for the reclassification  of  service  at  the 
request of a customer not later than the date mutually agreed to between  the 
provider and the customer. A provider shall report to the  commission  orders 
for reclassification of service being held more than 60 days.

  History: 2005 AACS; 2007 AACS


R 484.559   Rescinded.

  History: 2005 MR 15, Eff. Aug 5, 2005; rescinded 2007 MR 24, Eff. Dec. 27,
2007.


R 484.560   Planned service interruptions.
  Rule 60. If  a  provider  must  interrupt  service  to  work  on  lines  or 
equipment, then it shall arrange to do the work in a manner that  will  cause 
minimal inconvenience to its customers. If the  provider  reasonably  expects 
that service will be interrupted for more than 15 minutes, then the  provider 
shall  attempt  to  notify  each  affected  customer,   including   wholesale 
customers, in advance of the interruption. At a minimum, customers  shall  be 
given 24 hours' advance notice for such a planned service interruption unless 
circumstances make notification not practicable.   The  provider  shall  make 
emergency  service  available,  as  required,  for  the   duration   of   the 
interruption.

  History: 2005 AACS; 2007 AACS



                              PART 6.  MONITORING

R 484.561   Key measures of performance.
  Rule 61. (1) A provider shall compile information on all of  the  following 
performance measures:
  (a) Completing the investigation and contacting the customer in  a  monthly 
average of 10 days or less of the receipt of a complaint.
  (b) Restoring service in a monthly average of  36  hours  or  less  of  the 
receipt of a trouble report.
  (c) Answering calls to a business  office  in  a  monthly  average  of  120 
seconds or less.
  (d) Answering calls to a repair office in a monthly average of  25  seconds 
or less.
  (e) Meeting new installation commitments a monthly average  of  5  business 
days or less or 10 business days or less for migration.
  (f) An average monthly rate of customer trouble reports of more than 4%.
  (2) If a provider fails to meet any of the measures  specified  in  subrule 
(1) of this rule for 2 consecutive months, then the  provider  shall  file  a 
performance measure report and a remedial plan with the commission.
  (3) The provider shall develop the format of  the  report  in  consultation 
with the commission's telecommunications division.

  History: 2005 AACS; 2007 AACS


                              PART 7.  WAIVERS AND EXCEPTIONS

R 484.571   Waivers and exceptions.
  Rule 71. (1) A provider may petition for a permanent or temporary waiver or 
exception from these rules when specific circumstances beyond the control  of 
the provider render compliance impossible or when compliance would be  unduly 
economically burdensome or technologically infeasible.
  (2) A provider may request a temporary waiver in order to  have  sufficient 
time to implement procedures and systems to comply with these rules.
  (3) A provider is exempt from R 484.555, R 484.557, or R 484.558, under any 
of the following circumstances:
  (a) If the problem is or was caused by the customer, an  independent  third 
party, or malicious damage, then a provider's exemption is automatic, and the 
information described in subrule (4) of this rule need not be provided unless 
requested by the staff of the commission's telecommunications division.  This 
exemption is not available if, at the time the damage occurred, the  provider 
was not in compliance with the Miss Dig program procedures.
  (b) The problem is or was attributable to an "act of God." The term "act of 
God" shall include events such as any of the following:
  (i) Flood.
  (ii) Lightning.
  (iii) Tornado.
  (iv) Earthquake.
  (v) Fire.
  (vi) Blizzard.
  (vii) Ice storm.
  (viii) Other unusual natural or man-made disasters.
  (c) There is a work stoppage or other work action  by  the  provider's  (or 
underlying provider's) employees, beyond the control of  the  provider,  that 
causes or caused a significant reduction in employee hours worked.
  (d) The problem occurs  or  occurred  during  a  major  failure.  A  "major 
failure" is a single event or occurrence that is not  the  direct  result  of 
action taken by  the  provider  and  that  generates  out-of-service  reports 
affecting 100 or more access lines.
  (4) The provider shall notify the commission's telecommunications division, 
in writing, within 10 business days of its intent to invoke the occurrence of 
an event described in subdivision (b), (c), or (d) of  subrule  (3)  of  this 
rule. The notification to the commission shall include all of  the  following 
information:
  (a) Specific description of the event and general impact.
  (b) Date or dates of the event.
  (c) Location affected, such as exchanges or wire centers.
  (d) Estimated number of customers affected.
  (5) If the  commission's  telecommunication  division  staff  disputes  the 
validity of the provider's invocation of an event described in subrule (3) of 
this rule, it shall notify the provider within 10 business days,  in  writing 
stating the reasons for such dispute.  If  the  dispute  cannot  be  resolved 
within 10 business days of the notification, then the provider shall file  an 
application with the  commission  within  10  business  days  thereafter  for 
resolution of the dispute.  

  History: 2005 AACS; 2007 AACS