Statutes, codes, and regulations
Mississippi Administrative Code
Title 39 - UTILITIESPart 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDUREChapter 23 - Discontinuance of Local Exchange Telecommunications Services Provided by Competitive Local Exchange Carriers
Rule 39-1-23
Section 39-1-23-105 - Disconnection of CLEC by ILEC

39 Miss. Code. R. 1-23-105

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Current through November 26, 2024
Section 39-1-23-105 - Disconnection of CLEC by ILEC
1. Good Faith Action Required

All ILECs and CLECs must make a good faith effort to work together in determining what portion, if any, of its bill for resale or unbundled network elements provided by the ILEC to the CLEC is disputed and which portion is undisputed. The ILEC shall work with the CLEC to resolve the billing dispute and arrange for payment of the outstanding charges, pursuant to the Interconnection Agreement entered into between the ILEC and the CLEC.

2. Notice of Intent to Terminate or Deny Service

All ILECs must send to the CLEC a notice of intent to terminate or deny services to the CLEC for non-payment of undisputed charges. A copy of the notice shall be provided to the Executive Secretary of the Commission. The failure of the Commission to receive timely notice shall constitute rebuttable presumption of unlawful termination. All ILECs must state the following in the content of the notice:

a. The name and address and account number of the CLEC;
b. A plain statement of the grounds upon which the right to disconnect or denial is founded, including the amount owed; and,
c. The exact date or range of dates service will be discontinued.
3. Restriction on Disconnection or Denial of Service

ILECs must not disconnect or deny service to the CLEC prior to the date (or range of dates) given on the notice of intent to terminate. In no case shall disconnection be effected less than thirty (30) calendar days from the date the ILEC mails the notice to terminate service to the CLEC. If the last day of the thirty (30) day notice period falls on a Saturday, Sunday or legal holiday, the notice period will expire at the close of the ILEC's next business day. In order to ensure that the interests of customers are adequately protected during the termination of service to a CLEC for non-payment of charges, the Executive Secretary of the Commission shall have the authority, in order to further the public interest, to issue directives to ILECs and CLECs to effectuate the intent of this Rule.

4. Duties of CLEC

Within five (5) business days after the notice from the ILEC is received by the CLEC, the CLEC shall fax and file by certified mail to the Executive Secretary of the Commission, a notarized affidavit (Exhibit A) verifying one (1) of the following:

a. The Company can and will pay the undisputed amount owed to the underlying carrier at least five calendar days prior to the disconnect date;
b. The Company will mail notice of disconnection, as described herein, to its customers at least twenty (20) calendar days prior to disconnection.
5. Requirement of Spreadsheet

The CLEC shall also file a spreadsheet containing a list of customer names, addresses, and telephone numbers under seal, within (five) 5 business days after the notice to disconnect is received by the CLEC. The list shall specifically identify those end user customers who are public utilities or agencies, governmental agencies, inmate facilities or hospitals. If the CLEC is facilities based, the required list shall also include:

a. Circuit ids,
b. Cable pair identification,
c. A statement of authorization allowing the new local service provider to complete the number portability migration process required for transfer of local exchange service to another local service provider; and
d. A statement that the CLEC will set the appropriate triggers in the CLEC's switch to allow for the completion of calls.

The required information shall be used to facilitate the transfer of the end user customers to their new local service provider.

6. Administrative Cancellation of Certificates

A CLEC that is found to have ceased providing local exchange telecommunications services to its customers in Mississippi without providing notice to the Commission and to its customers under this Rule shall be in violation of this Rule, and its certificate may be administratively cancelled.

7. Penalties

Any willful or intentional violation of this Rule may subject the telecommunications service provider to a penalty not to exceed $5,000.00 for each day for each violation. Violations may also constitute grounds for forfeiture of a CLECs Certificate of Operations to provide service in Mississippi.

39 Miss. Code. R. 1-23-105