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

Universal Citation: MI Admin Code R. 484.90

Current through Vol. 24-16, September 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.

(b) There is a work stoppage or other work action, beyond the control of the provider, that causes or caused a significant reduction in hours worked.

(c) 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.

(d) The problem is or was caused by either the end user or by malicious damage to facilities by a third party outside the control of the provider.

(3) A provider may request a temporary waiver in order to have sufficient time to implement procedures and systems to comply with these rules.

(4) The provider shall notify the commission, in writing, within 20 business days of such an event that it intends to invoke the occurrence of an event described in subrule (2) 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) The commission staff shall have 10 business days following the notification to advise the provider, in writing, of a dispute concerning the validity of the company's invocation of an event described in subrule (2) of this rule and the reasons for such dispute. If the dispute cannot be resolved within 10 business days of the commission staff's advice, then the provider shall file an application with the commission within 10 business days thereafter for resolution of the dispute.

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