HOUSE BILL No. 4128


     January 28, 1997, Introduced by Rep. Dobb and referred to the Committee on Public Utilities.


        A bill to amend 1991 PA 179, entitled

   "Michigan telecommunications act,"

   by amending section 203 (MCL 484.2203), as amended by 1995 PA

   216.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 203.  (1) Upon  receipt of  RECEIVING an application or

 2    complaint filed under this act, or on its own motion, the commis-

 3    sion may conduct an investigation, hold hearings, and issue its

 4    findings and order under the contested hearings provisions of the

 5    administrative procedures act of 1969,  Act No. 306 of the Public

 6     Acts of 1969, being sections 24.201 to 24.328 of the Michigan

 7     Compiled Laws  1969 PA 306, MCL 24.201 TO 24.328.

 8         (2) An application or complaint filed under this section

 9    shall contain all information, testimony, exhibits, or other

10    documents and information on which the person intends to rely to


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 1    support the application or complaint.  Applications or complaints

 2    that do not meet the requirements of this subsection shall be

 3    dismissed or suspended pending the COMMISSION'S receipt  by the

 4      commission  of the required information.

 5         (3) The burden of proving a case filed under this act shall

 6    be with the party filing the application or complaint.

 7         (4) In a contested case under this section, the commission

 8    can administer oaths, certify all official acts, and compel the

 9    attendance of witnesses and the production of papers, books,

10    accounts, documents, and testimony.

11         (5) Except as otherwise provided in subsections (2) and (6),

12    the commission shall issue a final order in a case filed under

13    this section within 90 days from the date the application or com-

14    plaint is filed.

15         (6) If a hearing is required, the applicant or complainant

16    shall publish a notice of hearing as required by the commission

17    within 7 days of the date the application or complaint was filed

18    or as required by the commission.  The first hearing shall be

19    held within 10 days after the date of the notice.  If a hearing

20    is held, the commission shall have 180 days from the date the

21    application or complaint was filed to issue its final order.  If

22    the principal parties of record agree that the complexity of

23    issues involved requires additional time, the commission may have

24    up to 210 days from the date the application or complaint was

25    filed to issue its final order.

26         (7) An order of the commission  shall be  IS subject to

27    review IN THE SAME MANNER as provided by section  26 of Act



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 1    No. 300 of the Public Acts of 1909, being section 462.26 of the

 2     Michigan Compiled Laws  7114 OF THE MICHIGAN UTILITY CODE, MCL

 3    460.7114.

 4         (8) If a complaint is filed under this section by a provider

 5    against another provider, the provider of service shall not dis-

 6    continue service during the period of the contested case, includ-

 7    ing the alternative dispute process, if the provider receiving

 8    the service has posted a surety bond, provided an irrevocable

 9    letter of credit, or provided other adequate security in an

10    amount and on a form as determined by the commission.

11         Enacting section 1.  This amendatory act does not take

12    effect unless Senate Bill No. _____ or House Bill No. _____

13    (request no. 00135'97) of the 89th Legislature is enacted into

14    law.





























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