Discontinuance of Regulated Telecommunications Services in Michigan

Discontinuance of Regulated Telecommunications Services in Michigan
Information for Service Providers

Discontinuance of basic local exchange service [or regulated toll service] in Michigan is governed by Section 313 of the Michigan Telecommunications Act (MTA). In addition, there are federal requirements imposed by the Federal Communications Commission (FCC) pursuant to Section 214 of the federal Telecommunications Act. The following information may be used to assist a provider in determining what steps to follow if they are planning to discontinue providing basic local exchange service or regulated toll service in Michigan.

What must a provider of basic local exchange service [or regulated toll service] do to discontinue service to customers in Michigan?

1) The Michigan Public Service Commission has established rules pursuant to Section 202(1)(c)(iv) of the MTA to assist in streamlining and providing a consistent process for providers seeking to discontinue basic local exchange service. The rules can be found at this link – Responsibilities of BLES Providers that Cease to Provide the Service Rules R484.1001 - R484.1019.

• Please note that Part 2 of these rules also outlines the process and responsibilities of wholesale and retail providers of basic local exchange service in which a wholesale provider plans to disconnect service to a retail provider for reason such as nonpayment of services to the wholesale provider.

2) Review Section 313 of the Michigan Telecommunications Act, – mcl-Act-179-of-1991.

• In order to comply with the timeline to discontinue service that is established in Section 313, a provider should file their Section 214 application with the FCC at least five months (or six months if a dominant provider) in advance of any proposed date of discontinuance. Information on federal requirements can be found here: Domestic Section 214 Discontinuance of Service | Federal Communications Commission.
• It is also advised that a provider contact MPSC staff in advance of making an initial filing with the Commission under Section 313.

What happens if there is a request for investigation under Section 313?

The MPSC staff will monitor the docket for requests from customers or interconnecting providers to investigate the availability of comparable voice service providers with reliable access to 9-1-1 and emergency services to that customer, or a customer of an interconnecting provider, and will contact the parties for responses. If an investigation (to last no longer than 180 days) is conducted, the scope of the investigation may vary based on the circumstances of the discontinuance.

What if a provider wants to discontinue a service other than those that are subject to Section 313?

Providers that want to discontinue a service other than basic local exchange service or regulated toll service will not need to follow the Section 313 process. However, there may still be federal requirements under Section 214, so providers are encouraged to check with the FCC and/or a qualified attorney for further guidance on this. If the provider will still be operating in Michigan and is not discontinuing all services, then that provider should log in to the Commission's Intrastate Telecommunications Service Provider (ITSP) Registry and update their registration to reflect the services they will still be providing. ITSP can be accessed here: https://mpsc.my.site.com/itsp/ITSPPortalLogin. If the provider will no longer be operating in Michigan at all then please contact MPSC Staff at LARA-MPSC-ITSP@michigan.gov so that the company’s registration can be deactivated. Any additional questions about ITSP can also be sent to that email address.

*** Please note the process to discontinue service within the framework of Section 313 may have situational variances. You should consult your attorney for further guidance. If you have questions regarding the information provided here, you may contact Wendy Thelen at thelenw@michigan.gov.