39 Miss. Code. R. 1-23-101

Current through January 14, 2025

Section 39-1-23-101 - Requirements for Discontinuance

1. Complete Discontinuance

A CLEC intending to cease operations and to discontinue the provision of all local exchange telecommunications services in Mississippi shall file a formal petition for authority to do so with the Commission no less than sixty (60) calendar days prior to the date of discontinuance of local exchange telecommunications services. The petition shall provide:

a. The number of affected customers and types of service offerings provided;

b. A description of customer notification efforts by the CLEC, copies of the written notice sent or proposed to be sent to the CLEC's customers and plans, if any for follow-up customer notification. Notice shall be consistent with the requirements described herein.

c. A full explanation of the reasons for the proposed discontinuance of operations, including any plan to transfer the CLEC's customers to other carriers; and,

d. A request for cancellation of the petitioning CLEC's certificate or certificates to provide local exchange telecommunications service and, if applicable, interexchange telecommunications services upon the approval for discontinuance of the CLEC's local exchange operations. If cancellation of the certificate or certificates is not requested, a concise statement of why the Commission should not cancel the certificate or certificates should be given; and

i The date service will be discontinued;

ii A sample of the notice to be sent or that was sent to the customers;

iii Date by which customer must select a provider, and;

iv Summary of how and what format the customer service records (CSRs) are being kept and how CSRs will be made available to other carriers.

2. Partial Discontinuance

A CLEC intending to partially discontinue local exchange telecommunications services on a geographic basis, by functional type (e.g. resale), or by class (e.g. residential), shall file a formal petition no less than sixty (60) calendar days prior to discontinuance of service for authority to do so with the Commission. The petition shall provide:

a. The number of affected customers and types of service offerings provided;

b. A full explanation of the reasons for partial discontinuance of service, including any plans to transfer the CLEC's affected customers to other services or carriers; and,

c. The proposed tariff revisions with a proposed effective date; and

d. A copy of the notice or proposed effective date; and

e. A copy of the notice or proposed notice to be sent to the CLECs customers and plans, if any, for follow-up customer notification. Notice shall be consistent with the requirements described herein.

3. Prerequisites to Discontinuance

Except in instances described herein, no discontinuance of local exchange telecommunications service shall be implemented until the Commission has ruled on the petition and notice has been provided to end user customers.

4. Waiver of Third Party Verification and Slamming Requirements

Concurrent with the approval of the petition by the Commission, the Third Party Verification and Slamming Requirements will automatically be waived for new local service providers acquiring customers from the exiting CLEC.

5. Additional Requirements

In its consideration of the petition, the Commission shall determine if sufficient notice has been provided to customers and shall prescribe any additional notice or other requirements, as it deems necessary in the public interest.

39 Miss. Code. R. 1-23-101