Section 484.89. Remedies.

(1) If, after 3 consecutive months, a provider fails to meet 1 or more of the standards as set forth by these rules for each of the 3 months, then the provider shall notify commission staff within 10 days of such failure and the commission shall require the provider to take corrective action. This corrective action shall include, but is not limited to, the 2-part report described as follows:

(a)       Part 1 of the report shall be a “root-cause” analysis of the reported level of performance, explaining why the reported performance failed to meet applicable service quality standard(s).

(b)     Part 2 of the report shall be a “corrective action plan.” The plan shall be based on the causes for substandard performance identified in part 1, and it shall define actions proposed to bring performance up to a level at or above the applicable standard. This plan shall have a 90-day timeline within which the provider commits to bring its performance up to a level at or above the applicable standard.

(2)     A provider shall deliver its 2-part report to the commission staff within 30 days after it files the report showing a failure to meet the prescribed standards. Unless otherwise requested by the commission staff, the provider shall provide a status report for each month thereafter until the provider meets the applicable service quality standard.

(3)      This rule does not prohibit a provider from seeking commission action against another provider, nor does it prohibit the commission from investigating a provider’s compliance under its own motion under the Michigan telecommunications act, 1991 PA 179, MCL 484.2101 to MCL 484.2602.

(4)      Violation of these rules may result in penalties issued under section 601 of the act, MCL 484.2601.

History: 2010 AACS; 2013 AACS; 2016 MR 10, Eff. June 17, 2016.