MICHIGAN PUBLIC SERVICE COMMISSION FORMAL COMPLAINT

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Earl Goodman
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1 MICHIGAN PUBLIC SERVICE COMMISSION FORMAL COMPLAINT I WANT TO FILE A COMPLAINT Try to resolve your complaint directly with the company in question. The company's customer service number should be listed on your bill. Keep track of your calls to the company, including the date, time, length of call, who you spoke to, and what happened. If you are unable to resolve the complaint directly with the company, you can seek assistance from the MPSC, per section 203 of the Michigan Telecommunications Act, Public Act 235 of 2005 (MTA). The Commission can provide guidance and assistance in resolving your complaint. You can contact us by: - mail - P.O. Box 30221, Lansing, Ml fax phone (in Michigan) or (outside of Michigan) If you are still unable to resolve your complaint, you can file a formal complaint you may file for a formal complaint through the Public Service Commission, for violation of the MTA A copy of this law is included in this package. Even if a formal hearing is scheduled, both you and the telephone company can choose to negotiate a settlement rather than go to a formal hearing. If your complaint involves $1,000 or less, you and the other party must attempt to settle or mediate your dispute. A settlement must be agreed upon within 45 days of the filing of your complaint. If an agreement can not be reached, then your dispute may go to a formal hearing. Commission staff can help you discuss your issues with the service provider(s) in question. If you file a formal complaint, the Commission will follow the hearing process as described in the Practice And Procedure Before The Commission NOTE - The Commission does NOT have authority over ALL telecommunications services and their providers. In short, the Commission Page 1

If you are unable to resolve the complaint directly with the company, you can seek assistance from the MPSC, per section 203 of the Michigan Telecommunications Act, Public Act 235 of 2005 (MTA).

2 regulates basic local telephone service. This means that you may not receive a formal hearing over the following: - Calling features, like caller ID, call waiting, etc. - Pagers, paging services - Cellular companies - Answering services - Internet / DSL services - Dial up services - Video - Cable TV - Pay per view services - Shared tenant services - Private networks - Financial service networks - The reselling of unlicensed telecommunications services - Radio and television - Wide Area Telephone Service - Personal communications networks - Municipally owned telecommunications networks - Toll free telephone services - Security and fire alarm systems - Energy management systems - Payphones services WHAT TO EXPECT After you file a formal complaint, an attorney from the Commission will review the complaint and attachments to determine whether it states facts that would permit the Commission to grant the requested relief and complies with all requirements. If your complaint is approved, then the Commission will mail you a notice with the time and date of your formal hearing. If it is rejected, a letter of explanation will be mailed to you. The hearing itself will be held at the Commission s offices in Lansing, before an administrative law judge (ALJ). The formal hearing is similar to a court hearing, but not as strict. A court reporter will record what is said. The ALJ will consider the testimony and evidence presented. You have the responsibility to prove the merits of your complaint. The ALJ will make a decision, based upon the evidence presented. If you do not agree with ALJ s determination, you may object by filing exceptions. Thereafter, the Commission will review the evidence and arguments and make a decision. You have the job of presenting the evidence to support your complaint and your requested relief. Remember- All documentation that you intend to rely upon at the hearing must be filed with the complaint. Page 2

- Financial service networks - The reselling of unlicensed telecommunications services - Radio and television - Wide Area Telephone Service - Personal communications networks - Municipally owned

3 Also, you and the telephone company can choose to negotiate a settlement prior to the formal hearing. For details on the formal complaint process and hearing, see the attachment, entitled Guide To The Formal Complaint Process. FILLING OUT THE FORMAL COMPLAINT FORM Describe your complaint. State what unlawful or unreasonable acts or failure to act was committed. This can be a simple chronology or a list of events and your contacts with the telephone company in question. State the relief, compensation and/or resolution you are requesting. Please be specific. The Commission cannot grant damages for pain and suffering, inconvenience or outages. Provide details on your complaint and the requested relief or resolution on pages 8 and 9 of this form. Attach documents, photos, letters, notices and/or other materials, proving your case. Include additional sheets if necessary. Anything you intend to use at the formal hearing must be included in your complaint. Sign and date your formal complaint form. Please make 7 copies for submission to the Commission and return this form to: Michigan Public Service Commission Executive Secretary 6545 Mercantile Way Lansing, MI Page 3

State what unlawful or unreasonable acts or failure to act was committed. This can be a simple chronology or a list of events and your contacts with the telephone company in question.

4 NOTE: For your information, copies of the following are included in this package. Copies can be downloaded from the MPSC website: The Commission s U order pdf The Michigan Telecommunications Act (MTA) f The Practice and Procedure Before The Commission Num= &Dpt=CI&RngHigh= Slamming Rules (attached only to the Slamming package) Telecommunications Service Quality Rules pdf Page 4

gov/documents/mcl_act_17_of_1991_2005_144781_7.pd f The Practice and Procedure Before The Commission http://www.state.mi.us/orr/emi/admincode.asp?

5 MICHIGAN PUBLIC SERVICE COMMISSION FORMAL SERVICE COMPLAINT Check off one or more of the complaint item(s) as listed. Provide details on your complaint on pages 9 and 10. Attach any needed documents and/or any extra sheets to this complaint form Do not forget to sign the signature page SERVICE COMPLAINTS I was denied local service, due to a claim of an existing telephone service debt at my current or new address. Rule 41(2), U I was not allowed to transfer to another local telephone company either with or without my current telephone number. Rule 58(2), U-11043, Section 305(1j), Section 357, and Section 358, MTA, MCL , (1j), MCL and MCL I was not credited for the delayed transfer of my local telephone services from one company to another company. Rule 58(4), U I was not credited for the time I was without local telephone service, due to a service outage and/or a service related problem. Rule 55, U I could not access my Relay Service for the deaf or could not use my telephonetelecommunication device (TTD) Section 315 (1), MTA, MCL (1) Page 5

telephone service debt at my current or new address. Rule 41(2), U-11043 I was not allowed to transfer to another local telephone company either with or without my current telephone number.

6 I was not provided a TTD by my local telephone company Section 315 (1), MTA, MCL (1) I was not allowed to apply for Lifeline though my local telephone company Section 316 (1), MTA, MCL (1) I did not get any Lifeline credits from my local telephone company Section 316 (2, 3), MTA, MCL (2),(3) I could not dial 911. Section 403, MTA, MCL The telephone company did not respond to nor follow up on my complaint. Rule 62, U No operator s response in a timely manner. Rule 62, U I could not report my service problems to my telephone company. Rules 35(i), 37(2) & 62(1), U My telephone service problem was not resolved. Rule 61, U I did not receive a local telephone directory. Section 309 (1), MTA, MCL (1) I could not access my preferred telephone company over a payphone Section 305(j), Section 318, MTA, MCL (j), MCL Page 6

2403 The telephone company did not respond to nor follow up on my complaint. Rule 62, U-11043 No operator s response in a timely manner.

7 I did not receive the welcome package for new service customers from my local telephone company. Rules 37(1), 51(1) & 52, U I did not get an block as requested from my local telephone company. Section 309 (2), MTA, MCL (2) I could not dial 211 (211 may not be available in your community) Section 214, MTA, MCL The local telephone company did not install a call intercept on my line(s). Rules 40, U I could not report my service problems to my telephone company. Rules 35(i), 37(2) & 62(1), U The local telephone company s directory assistance only gave me 1 phone number. Rule 40(b), U The local telephone company s employees refused to provide me with a contact phone number for the Public Service Commission. Rule 40c(3), U Page 7

2309(2) I could not dial 211 (211 may not be available in your community) Section 214, MTA, MCL 484.2214 The local telephone company did not install a call intercept on my line(s).

8 I have spent _ hours of my own time, in an effort to correct this matter. I am also asking the Commission to impose penalties set forth in Section 601 of the Michigan Telecommunications Act. (If applicable) Specify your loss of revenue or income due to unlawful behavior by the telephone company. Please attach an itemized list of the loss of income and/or undue expenses, resulting from a violation of this law. I am asking for relief in accordance with section 601(a), (b), (d), and(e) of the Michigan Telecommunications Act, MCL , including, but not limited to reimbursement for my total economic loss of I also seek the imposition of fines against the Company, as provided in Section 601;subdivision (a), the person to pay a fine for the first offense of not less than $1, nor more than $20, per day that the person is in violation, and for each subsequent offense, a fine of not less than $2, nor more than $40, per day, (b) if the provider has less than 250,000 access lines, the provider to pay a fine for the first offense of not less than $ or more than $ per day that the provider is in violation of this act, and for each subsequent offense a fine of not less than $ or more than $1, per day; and (d) if the person is a licensee under this act, that the person s license be revoked; and (e) the entry of a Cease and Desist Order. Page 8

Please attach an itemized list of the loss of income and/or undue expenses, resulting from a violation of this law.

9 Please provide a detailed description of your telephone service complaint. Also include your contacts with the company and their response or resolution to the complaint. Page 9

10 Please state what you want the Commission to do. What do you want to happen and/or to receive from the Company, as a result of this complaint. Page 10

11 SIGNATURE SHEET I attest that the facts stated in this complaint are true to the best of my knowledge. Your name Business Name (if applicable) _ Your Signature _ Date Address City State Zip _ Day Time Phone number _ Fax Number _ Phone number in question _ Phone number in question _ Phone number in question _ Phone number in question address Page 11

Your name Business Name (if applicable) _ Your Signature _ Date Address City State Zip _ Day

General complaint form for video/cable customers

Michigan Public Service Commission Formal Video/Cable Complaint General complaint form for video/cable customers I Want to File a Formal Complaint First, you must attempt to resolve your complaint directly