S T a T E O F M I C H I G a N Before the Michigan Public
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S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * * In the matter of the application of ) MIDWEST ENERGY COOPERATIVE d/b/a ) MIDWEST ENERGY & COMMUNICATIONS ) Case No. U-20337 for expansion of its license to provide local ) exchange service in designated exchanges. ) ) At the February 7, 2019 meeting of the Michigan Public Service Commission in Lansing, Michigan. PRESENT: Hon. Sally A. Talberg, Chairman Hon. Norman J. Saari, Commissioner ORDER On October 5, 2018, Midwest Energy Cooperative d/b/a Midwest Energy & Communications (Midwest) filed an application, under the Michigan Telecommunications Act (MTA), MCL 484.2101 et seq., for temporary and permanent licenses to expand the geographic area of its current license to provide basic local exchange service to include the exchanges identified in the list attached to the application as Exhibit 1.1 Midwest filed amended applications and exhibits on December 12, 2018, and January 15, 2019. MCL 484.2301(2) states: “Pending the determination of an application for a license, the commission without notice and hearing may issue a temporary license for a period not to exceed 1 year.” Midwest states that a temporary license will allow it to promptly begin negotiating 1 Attached to this order as Exhibit A. interconnection arrangements with the incumbent carriers, will allow the Commission to promptly adjudicate its eligible telecommunications carrier status2 application, and will allow Midwest to fulfill its federal obligations to receive its Connect America Fund Phase II Reverse Auction funding. After a review of the application, the Commission finds that approval of Midwest’s application for a temporary license expansion is in the public interest. THEREFORE, IT IS ORDERED that: A. Midwest Energy Cooperative d/b/a Midwest Energy & Communications is granted a temporary license to expand the geographic area of its current license to provide basic local exchange service to the exchanges identified in the list attached to this order as Exhibit A. The temporary license expansion shall expire upon issuance of the final order granting or denying the application for a permanent license. B. Midwest Energy Cooperative d/b/a Midwest Energy & Communications shall provide basic local exchange service under the temporary license expansion in accordance with the regulatory requirements specified in the Michigan Telecommunications Act, MCL 484.2101 et seq., including the number portability provisions of MCL 484.2358, the access restructuring mechanism contribution requirements of MCL 484.2310 and Case No. U-16183, the anti- slamming procedures adopted in Case No. U-11900, and the number reclamation process adopted in Case No. U-12703. 2 See, 47 USC 254. Page 2 U-20337 C. Before commencing basic local exchange service in the areas added to the license by this order, Midwest Energy Cooperative d/b/a Midwest Energy & Communications shall submit its tariff identifying the additional exchanges in which it will offer service. The Commission reserves jurisdiction and may issue further orders as necessary. Any party desiring to appeal this order must do so by the filing of a claim of appeal in the appropriate court within 30 days of the issuance of this order, pursuant to MCL 484.2203(12). To comply with the Michigan Rules of Court’s requirement to notify the Commission of an appeal, appellants shall send required notices to both the Commission’s Executive Secretary and to the Commission’s Legal Counsel. Electronic notifications should be sent to the Executive Secretary at [email protected] and to the Michigan Department of the Attorney General - Public Service Division at [email protected]. In lieu of electronic submissions, paper copies of such notifications may be sent to the Executive Secretary and the Attorney General - Public Service Division at 7109 W. Saginaw Hwy., Lansing, MI 48917. MICHIGAN PUBLIC SERVICE COMMISSION ________________________________________ Sally A. Talberg, Chairman ________________________________________ Norman J. Saari, Commissioner By its action of February 7, 2019. ________________________________ Kavita Kale, Executive Secretary Page 3 U-20337 Page 1 EXHIBIT A ILECS Serving Midwest’s Proposed CLEC Territory Exchange ILEC County Cassopolis Frontier North Inc. Cass White Pigeon Frontier North Inc. Cass Three Rivers Frontier North Inc. Cass Constantine Frontier North Inc. Cass Lawton Frontier North Inc. Van Buren Paw Paw Frontier North Inc. Van Buren Decatur Frontier North Inc. Cass Dowagiac Frontier North Inc. Cass Niles AT&T Michigan Cass Edwardsburg Frontier North Inc. Cass Union Frontier North Inc. Cass Vandalia Frontier North Inc. Cass Eau Claire AT&T Michigan Berrien Marcellus Frontier North Inc. Cass Schoolcraft Frontier North Inc. Kalamazoo Vicksburg AT&T Michigan Kalamazoo Fulton AT&T Michigan Kalamazoo Kalamazoo AT&T Michigan Kalamazoo Mattawan Frontier North Inc. Kalamazoo Scotts AT&T Michigan Kalamazoo Gobles Frontier North Inc. Van Buren Bloomingdale Bloomingdale Telephone Allegan Company Covert Frontier North Inc. Van Buren Coloma AT&T Michigan Berrien Watervilet AT&T Michigan Berrien Hartford Frontier North Inc. Van Buren Lawrence Frontier Midstates Inc. Van Buren Page 2 Exchange ILEC County Sturgis Frontier North Inc. St. Joseph Centreville Frontier North Inc. St. Joseph Bangor Frontier North Inc. Van Buren Mendon Frontier North Inc. Kalamazoo Benton Harbor AT&T Michigan Van Buren / Berrien Adrian Frontier North Inc. Lenawee Tecumseh Frontier North Inc. Washtenaw / Lenawee Blissfield Frontier North Inc. Lenawee Deerfield Deerfield Farmers Lenawee Telephone Company Lambertville Frontier Midstates Inc. Monroe Ogden Ogden Telephone Lenawee Company Waldron Waldron Telephone Hillsdale / Lenawee Company Weston Sand Creek Telephone Lenawee Company Morenci Frontier Midstates Inc. Lenawee Clayton Communications Lenawee Corporation of Michigan (TDS) Hudson Frontier North Inc. Hillsdale / Lenawee Onsted Frontier Communications of Lenawee Michigan, Inc. Addison Frontier Midstates Inc. Lenawee / Hillsdale Tipton Frontier North Inc. Washtenaw / Lenawee Stockbridge Frontier Midstates Inc. Washtenaw / Livingston Gregory Frontier Midstates Inc. Livingston / Washtenaw Chelsea AT&T Michigan Washtenaw Clinton Frontier North Inc. Lewanee / Washtenaw Sister Lakes Frontier North Inc. Cass P R O O F O F S E R V I C E STATE OF MICHIGAN ) Case No. U-20337 County of Ingham ) Brianna Brown being duly sworn, deposes and says that on February 7, 2019 A.D. she electronically notified the attached list of this Commission Order via e-mail transmission, to the persons as shown on the attached service list (Listserv Distribution List). _______________________________________ Brianna Brown Subscribed and sworn to before me this 7th day of February 2019. _____________________________________ Angela P. Sanderson Notary Public, Shiawassee County, Michigan As acting in Eaton County My Commission Expires: May 21, 2024 Service List for Case: U-20337 Name Email Address Midwest Energy Cooperative [email protected] Shannon M. Heim [email protected] .