Mich. Admin. Code R. 484.90 - Waiver and general exemptions
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.
Notes
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