SB-0754, As Passed Senate, October 11, 2005
SUBSTITUTE FOR
SENATE BILL NO. 754
(As amended, October 11, 2005)
<<A bill to amend 1991 PA 179, entitled
"Michigan telecommunications act,"
by amending sections 102, 103, 202, 203, 203a, 204, 205, 210, 211,
213, 214, 303, 304, 304a, 305, 306, 309, 309a, 310, 315, 316a, 317,
321, 355, 359, 360, 502, 505, and 604 (MCL 484.2102, 484.2103, 484.2202,
484.2203, 484.2203a, 484.2204, 484.2205, 484.2210, 484.2211,
484.2213, 484.2214, 484.2303, 484.2304, 484.2304a, 484.2305,
484.2306, 484.2309, 484.2309a, 484.2310, 484.2315, 484.2316a, 484.2317,
484.2321, 484.2355, 484.2359, 484.2360, 484.2505, and 484.2604),
section 102 as amended by 1998 PA 41, sections 103, 203, 203a,
303, 304, 310, 502, and 604 as amended and sections 214 and 316a
as added by 2000 PA 295, sections 202, 205, 210, 305, 306, and 309a
as amended and sections 304a, 317, 321, 355, 359, and 360 as added
by 1995 PA 216, section 213 as amended by 2004 PA 591, and section
505 as added by 1998 PA 260, and by adding sections 203b, 204a, 215,
Senate Bill No. 754 as amended October 11, 2005
215a, 304c, 304d, 305a, 305b, 305c, 305d, 305e, 353a, 402a, and 502a;
and to repeal acts and parts of acts.>>
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 102. As used in this act:
(a) "Access service" means access to a local exchange network
for the purpose of enabling a provider to originate or terminate
telecommunication services within the local exchange. Except for
end-user common line services, access service does not include
access service to a person who is not a provider.
(b) "Basic local exchange service" or "local exchange service"
means the provision of an access line and usage within a local
calling area for the transmission of high-quality 2-way interactive
switched voice or data communication.
(c) "Cable service" means 1-way transmission to subscribers of
video programming or other programming services and subscriber
interaction for the selection of video programming or other
programming services.
(d) "Commission" means the Michigan public service commission.
(e) "Contested case" or "case" means a proceeding as defined
in section 3 of the administrative procedures act of 1969, 1969 PA
306, MCL 24.203.
(f) "Educational institution" means a public educational
institution or a private non-profit educational institution
approved by the department of education to provide a program of
primary, secondary, or higher education, a public library, or a
nonprofit association or consortium whose primary purpose is
education. A nonprofit association or consortium under this
Senate Bill No. 754 as amended October 11, 2005
subdivision shall consist of 2 or more of the following:
(i) Public educational institutions.
(ii) Nonprofit educational institutions approved by the
department of education.
(iii) The state board of education.
(iv) Telecommunication providers.
(v) A nonprofit association of educational institutions or
consortium of educational institutions.
(g) "Energy management services" means a service of a public
utility providing electric power, heat, or light for energy use
management, energy use control, energy use information, and energy
use communication.
(h) "Essential basic local exchange service" means basic local
exchange service that consists of 1 primary access line to a
residential <<OR BUSINESS>> customer for voice communications and a
minimum
allowance of local usage on that line of at least 200 <<OUTGOING>> calls
per
month <<WITH ADDITIONAL LOCAL CALLS AVAILABLE AT A RATE SET IN ACCORDANCE
WITH SECTION 304>>.
(i) (h)
"Exchange" means 1 or more contiguous
central
offices and all associated facilities within a geographical area in
which
basic local exchange telecommunication
services are service
is offered by a provider.
(j) (i)
"Information services" or "enhanced
services" means
the offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making
available information, including energy management services, that
is conveyed by telecommunications. Information services or enhanced
services do not include the use of such capability for the
management, control, or operation of a telecommunications system or
the management of a telecommunications service.
(k) (j)
"Interconnection" means the technical
arrangements
and other elements necessary to permit the connection between the
switched networks of 2 or more providers to enable a
telecommunication service originating on the network of 1 provider
to terminate on the network of another provider.
(k)
"Inter-LATA prohibition" means the prohibitions on the
offering
of inter-exchange or inter-LATA service contained in the
modification
of final judgment entered pursuant to a consent decree
in
United States v American Telephone and Telegraph Co., 552 F.
Supp.
131 (D.D.C. 1982), and in the consent decree approved in
United States v GTE
Corp., 603 F. Supp. 730 (D.D.C. 1984).
(l) "LATA" means the local access and transport area as
defined in United States v American Telephone and Telegraph Co.,
569 F. Supp. 990 (D.D.C. 1983).
(m) "License" means a license issued pursuant to this act.
(n) "Line" or "access line" means the medium over which a
telecommunication user connects into the local exchange.
(o) "Local calling area" means a geographic area encompassing
1 or more local communities as described in maps, tariffs, or rate
schedules filed with and approved by the commission.
(p) "Local directory assistance" means the provision by
telephone of a listed telephone number within the caller's area
code.
(q) "Local exchange rate" means the monthly and usage rate,
including all necessary and attendant charges, imposed for basic
local exchange service to customers.
(r) "Loop" means the transmission facility between the
network interface on a subscriber's premises and the main
distribution frame in the servicing central office.
(s) "Operator service" means a telecommunication service that
includes automatic or live assistance to a person to arrange for
completion and billing of a telephone call originating within this
state that is specified by the caller through a method other than 1
of the following:
(i) Automatic completion with billing to the telephone from
which the call originated.
(ii) Completion through an access code or a proprietary account
number used by the person, with billing to an account previously
established with the provider by the person.
(iii) Completion in association with directory assistance
services.
(t) "Operator service provider" or "OSP" means a provider of
operator service.
(u) "Payphone service" means a telephone call provided from a
public, semipublic, or individually owned and operated telephone
that is available to the public and is accessed by the depositing
of coin or currency or by other means of payment at the time the
call is made.
(v) "Person" means an individual, corporation, partnership,
association, governmental entity, or any other legal entity.
(w) "Person with disabilities" means a person who has 1 or
more of the following physical characteristics:
(i) Blindness.
(ii) Inability to ambulate more than 200 feet without having to
stop and rest during any time of the year.
(iii) Loss of use of 1 or both legs or feet.
(iv) Inability to ambulate without the prolonged use of a
wheelchair, walker, crutches, braces, or other device required to
aid mobility.
(v) A lung disease from which the person's expiratory volume
for 1 second, when measured by spirometry, is less than 1 liter, or
from which the person's arterial oxygen tension is less than 60
mm/hg of room air at rest.
(vi) A cardiovascular disease from which the person measures
between 3 and 4 on the New York heart classification scale, or from
which a marked limitation of physical activity causes fatigue,
palpitation, dyspnea, or anginal pain.
(vii) Other diagnosed disease or disorder including, but not
limited to, severe arthritis or a neurological or orthopedic
impairment that creates a severe mobility limitation.
(x) "Port" except for the loop, means the entirety of local
exchange, including dial tone, a telephone number, switching
software, local calling, and access to directory assistance, a
white pages listing, operator services, and interexchange and
intra-LATA toll carriers.
(y) "Reasonable rate" or "just and reasonable rate" means a
rate that is not inadequate, excessive, or unreasonably
discriminatory. A rate is inadequate if it is less than the total
service long run incremental cost of providing the service.
(z) "Residential customer" means a person to whom
telecommunication services are furnished predominantly for personal
or domestic purposes at the person's dwelling.
(aa) "Special access" means the provision of access service,
other than switched access service, to a local exchange network for
the purpose of enabling a provider to originate or terminate
telecommunication service within the exchange, including the use of
local private lines.
(bb) "State institution of higher education" means an
institution of higher education described in sections 4, 5, and 6
of article VIII of the state constitution of 1963.
(cc) "Telecommunication provider" or "provider" means a person
or an affiliate of the person each of which for compensation
provides 1 or more telecommunication services.
(dd) "Telecommunication services" or "services" includes
regulated and unregulated services offered to customers for the
transmission of 2-way interactive communication and associated
usage. A telecommunication service is not a public utility service.
(ee) "Toll service" means the transmission of 2-way
interactive switched communication between local calling areas.
Toll service does not include individually negotiated contracts for
similar telecommunication services or wide area telecommunications
service.
(ff) "Total service long run incremental cost" means, given
current service demand, including associated costs of every
component necessary to provide the service, 1 of the following:
(i) The total forward-looking cost of a telecommunication
service, relevant group of services, or basic network component,
using current least cost technology that would be required if the
provider had never offered the service.
(ii) The total cost that the provider would incur if the
provider were to initially offer the service, group of services, or
basic network component.
(gg) "Wide area telecommunications service" or "WATS" means
the transmission of 2-way interactive switched communication over a
dedicated access line.
Sec. 103. (1) Except as otherwise provided in this act, this
act shall not be construed to prevent any person from providing
telecommunication services in competition with another
telecommunication provider.
(2) The commission shall submit an annual report describing
the status of competition in telecommunication services in this
state, including, but not limited to, the toll and local exchange
service markets in this state. The report required under this
section shall be submitted to the governor and the house and senate
standing committees with oversight of telecommunication issues.
(3) The report required under this section shall include, but
is not limited to, all of the following:
(a) The status of competition from all modes of competitive
telecommunication services, including, but not limited to,
wireline, wireless, and voice over internet protocol.
(b) Actions taken by the commission to implement measures
necessary to protect consumers from unfair or deceptive business
practices by telecommunication providers.
Senate Bill No. 754 as amended October 11, 2005
(c) Information regarding customer education activities
conducted by the commission to inform consumers of all relevant
information regarding the purchase of telecommunication services.
(d) Recommendations for legislation, if any.
<<(4) A PROVIDER SHALL SUBMIT TO THE COMMISSION ALL INFORMATION NECESSARY FOR THE PREPARATION OF THE ANNUAL REPORT UNDER THIS SECTION.>>
Sec. 202. (1) In addition to the other powers and duties
prescribed by this act, the commission shall do all of the
following:
(a) Establish by order the manner and form in which
telecommunication providers of regulated services within the state
keep accounts, books of accounts, and records in order to determine
the total service long run incremental costs and imputation
requirements of this act of providing a service. The commission
requirements under this subdivision shall be consistent with any
regulations covering the same subject matter made by the federal
communications commission.
(b)
Require by order that a provider of a regulated service ,
including
access service, make available for public inspection and
file
with the commission a schedule tariff of the provider's
rates,
services, and conditions of service, including access
service
provided by contract regulated
services. The tariffs shall
be effective upon 1 day's notice of submission to the commission.
(c)
Promulgate rules under section 213
and issue orders to
establish
and enforce quality standards for providing
telecommunication
services in this state. to
establish and enforce
quality standards for all of the following:
(i) The provision of basic local exchange service <<to>> end users.
(ii) The provision of unbundled network elements and local
Senate Bill No. 754 as amended October 11, 2005 (1 of 2)
interconnection services to providers which are used in the
provision of basic local exchange service.
(iii) The timely transfer of an end user from 1 provider of
basic local exchange service to another provider.
(iv) Providers of basic local exchange service that cease to
provide the service to any segment of end users or geographic area,
go out of business, or withdraw from the state.
<<(v) PROCEDURES AND METHODS TO ENSURE ACCURATE, TIMELY, AND TRUTHFUL BILLING PRACTICES.>>
(d) Preserve the provision of high quality basic local
exchange service.
<<(E) CREATE A TASK FORCE TO STUDY THE CREATION OF A COORDINATED MICHIGAN TELEPHONE ASSISTANCE PROGRAM. THE PROGRAM SHALL PROVIDE FOR LOW INCOME CUSTOMERS TO RECEIVE ASSISTANCE WITH THEIR TELECOMMUNICATION SERVICES, INCLUDING, BUT NOT LIMITED TO LIFELINE, LINK-UP, AND COMMUNITY VOICE MAIL. THE TASK FORCE SHALL ISSUE A REPORT TO THE LEGISLATURE AND GOVERNOR ON OR BEFORE DECEMBER 31, 2006 CONTAINING ITS FINDINGS AND RECOMMENDATIONS. THE TASK FORCE SHALL CONSIST OF THE FOLLOWING MEMBERS:
(i) THE CHAIRPERSON OF THE COMMISSION.
(ii) ONE REPRESENTATIVE FROM EACH BASIC LOCAL EXCHANGE PROVIDER WITH 250,000 OR MORE ACCESS LINES.
(iii) TWO REPRESENTATIVES FROM PROVIDERS WHO, TOGETHER WITH AFFILIATED PROVIDERS, PROVIDE BASIC LOCAL EXCHANGE OR TOLL SERVICE TO LESS THAN 250,000 END USERS IN THIS STATE.
(iv) TWO REPRESENTATIVES OF CONSUMER GROUPS PRIMARILY INTERESTED IN MATTERS AFFECTING LOW INCOME CUSTOMERS.
(v) ONE REPRESENTATIVE OF THE PROVIDER OF COMMUNITY VOICE MAIL IN MICHIGAN.>>
(e)
Create a task force to study changes occurring in the
federal
universal service fund and the need for the establishment
of
a state universal service fund to promote and maintain basic
local
exchange service in high cost rural areas at affordable
rates.
The task force shall issue a report to the legislature and
governor
on or before December 31, 1996 containing its findings and
recommendations.
The task force shall consist of all of the
following
members:
(i) The chairperson of the commission.
(ii) One representative from each basic local exchange
provider
with
250,000 or more access lines.
Senate Bill No. 754 as amended October 11, 2005 (2 of 2)
(iii) Four representatives from providers who, together
with
affiliated
providers, provide basic local exchange or toll service
to
less than 250,000 end users in this state.
(iv) Two representatives of other providers of
regulated
services.
(v) One representative of the general public.
(f)
On or before January 1, 1997, the commission shall study
Senate Bill No. 754 as amended October 11, 2005
and
report to the legislature and governor on the following matters
that
have impact on the basic local exchange calling activities of
all
residential customers in the state:
(i) The percentage of intra-LATA calls and minutes of
usage
which
are charged as basic local exchange calls.
(ii) The average size and range of sizes of basic local
exchange
calling areas.
(iii) The ability of customers to contact emergency
services,
school
districts, and county, municipal, and local units of
government
without a toll call.
(iv) Whether there are significant differences in basic
local
exchange
calling patterns between urban, suburban, and rural areas.
(v) The impact on basic local exchange rates which
would occur
if
basic local exchange calling areas are altered.
(vi) The impact when basic local exchange calling areas
overlap
LATA
boundaries.
(vii) The impact on basic local exchange rates which
would
occur
if basic local exchange calling areas are expanded within
LATA
boundaries.
(g)
On or before January 1, 1997, conduct a study of internet
access
provider locations to determine which exchanges can reach
the
nearest location only by making a toll call. The commission
shall
then gather input from internet access providers, local
exchange
providers, and other interested parties and make a
recommendation
to the legislature as to the steps needed to allow
all
local exchange customers to access an internet provider by
making
a local call.
<<(e) On or before July 1, 2006 and every 6 months thereafter, the commission shall report to the legislature and governor on the current status of competition in telecommunication services within this state. The commission shall establish benchmark criteria to allow for the assessment of progress in the development of competition in telecommunication services.>>
(2) Rules promulgated under subsection (1)(c) shall include
remedies for the enforcement of the rules that are consistent with
substantive and procedural requirements of this act and applicable
federal law. Rules promulgated under subsection (1)(c)(ii) shall not
apply to the provision of unbundled network elements and local
interconnection services subject to quality standards in an
interconnection agreement approved by the commission. In
promulgating any rules under subsection (1)(c), the commission
shall consider to what extent current market conditions are
sufficient to provide adequate service quality to basic local
exchange service end users. Any service quality rules promulgated
by the commission shall expire within 3 years of the effective date
of the rules. The commission may, prior to the expiration of the
rules, promulgate new rules under subsection (1)(c).
(3) The commission shall permit the electronic filing of any
pleadings, tariffs, or any other document required or allowed to be
filed with the commission under this act.
Sec. 203. (1) Upon receipt of an application or complaint filed
under this act, or on its own motion, the commission may conduct an
investigation, hold hearings, and issue its findings and order under
the contested hearings provisions of the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(2) If a complaint filed under this section alleges facts that
warrant emergency relief, the complainant may request an emergency
relief order. On the date of filing, the complaint and request for
emergency relief shall be hand-delivered to the respondent at its
principal place of business in Michigan. The commission shall allow 5
business days for a filing in response to the request for emergency
relief. The commission shall review the complaint, the request for
emergency relief, the response, and all supporting materials and
determine whether to deny the request for emergency relief or to
conduct an initial evidentiary hearing. The initial evidentiary
hearing shall be conducted within 5 business days from the date of the
notice of hearing and the commission shall issue an order granting or
denying the request for emergency relief. An order for emergency
relief may require a party to act or refrain from action to protect
competition. Any action required by an order for emergency relief
shall be technically feasible and economically reasonable and the
respondent shall be given a reasonable period of time to comply with
the order. At the hearing for emergency relief, the respondent has the
burden of showing that the order is not technically feasible and not
economically reasonable. If the commission finds that extraordinary
circumstances exist that warrant expedited review before the
commission's issuance of a final order, it shall set a schedule
providing for the issuance of a partial final order as to all or part
of the issues for which emergency relief was granted within 90 days of
the issuance of the emergency relief order.
(3) An order for emergency relief may be granted under subsection
(2) if the commission finds all of the following:
(a) That the party has demonstrated exigent circumstances that
warrant emergency relief.
(b) That the party seeking relief will likely succeed on the
merits.
(c) That the party will suffer irreparable harm in its ability to
serve customers if emergency relief is not granted.
(d) That the order is not adverse to the public interest.
(4) The commission may require the complainant to post a bond in
an amount sufficient to make whole the respondent in the event that
the order for emergency relief is later found to have been erroneously
granted.
(5) An order for emergency relief shall expire upon the sooner of
any of the following:
(a) Ninety days after its issuance.
(b) Issuance of the commission's partial final order.
(c) An earlier date set by the commission. Notwithstanding this
subsection, the commission may extend the emergency relief order to a
date no later than the date on which the final order in the proceeding
is issued.
(6) An order granting or denying emergency relief under
subsection (2) shall be subject to immediate review in the court of
appeals as a matter of right by the party aggrieved. The review shall
be de novo and shall comply with Michigan court rule 7.211(c)(6). The
court may stay an order granting emergency relief upon the posting of
a bond or other security in an amount and on terms set by the court.
Regardless of whether an appeal is made under this subsection, the
commission shall proceed with the case and issue a final order as
otherwise required under this section.
(7) An application or complaint filed under this section shall
contain all information, testimony, exhibits, or other documents and
information within the person's possession on which the person intends
to rely to support the application or complaint. Applications or
complaints that do not meet the requirements of this subsection shall
be dismissed or suspended pending the receipt by the commission of the
required information. If the complainant or applicant requires
information in the possession of the respondent, not within the
complainant's or applicant's possession, the commission may allow a
reasonable opportunity for discovery to allow the complainant or
applicant to provide all relevant information, testimony, exhibits, or
other documents on which the complainant or applicant intends to rely
to support its application or complaint.
(8) The burden of proving a case filed under this act is with the
party filing the application or complaint.
(9) In a contested case under this section, the commission can
administer oaths, certify all official acts, and compel the attendance
of witnesses and the production of papers, books, accounts, documents,
and testimony.
(10) Except as otherwise provided in this section, the commission
shall issue a final order in a case filed under this section within 90
days from the date the application or complaint is filed.
(11) Except as provided for a hearing involving a request for
emergency relief, if a hearing is required, the applicant or
complainant shall publish a notice of hearing as required by the
commission within 7 days of the date the application or complaint was
filed or as required by the commission. The first hearing shall be
held within 10 days after the date of the notice. If a hearing is
held, the commission shall have 180 days from the date the application
or complaint was filed to issue its final order. If the principal
parties of record agree that the complexity of issues involved
requires additional time, the commission may have up to 210 days from
the date the application or complaint was filed to issue its final
order. If the application or complaint is subject to section 203a, the
commission shall have an additional 45 60 days to issue its final
order.
(12) An order of the commission shall
be subject to review as
provided by section 26 of 1909 PA
300, MCL 462.26 under
this act is
subject to appellate review as of right in the court of appeals. The
appeal shall be initiated by the filing of a claim of appeal with the
court of appeals within 30 days of the issuance of an order or within
30 days of an order issued on a petition for rehearing of an order.
(13) If a complaint is filed under this section by a provider
against another provider, the provider of service shall not
discontinue service during the period of the contested case, including
the alternative dispute process, if the provider receiving the service
has posted a surety bond, provided an irrevocable letter of credit, or
provided other adequate security in an amount and on a form as
determined by the commission.
(14) Except if there is a request for emergency relief under this
section, if the complaint filed under this section involves an
interconnection dispute between providers, the commission shall
require the parties to utilize the alternative dispute process under
section 203a.
(15) In addition to any other relief provided by this act, the
commission or a party may seek to compel compliance with a commission
order by proceedings in mandamus, injunction, or by other appropriate
civil remedies in the circuit court or other court of proper
Senate Bill No. 754 as amended October 11, 2005
jurisdiction.
(16) The amendatory act that added this subsection does not
amend, alter, or limit any case or
proceeding commenced before the
effective date of this subsection. Upon the filing of a motion
for
stay, the commission may, on terms as it considers just, stay the
effect or enforcement of an order. A motion for stay, including a
request for setting the amount of any appeal bond, is governed by the
provisions for obtaining a stay of a civil action set forth in rule
7.209 of the Michigan court rules. The commission shall decide a
motion for stay within 10 days from the date the motion is filed with
the commission.
Sec. 203a. (1) For all complaints involving a dispute of
$1,000.00 or less, a dispute under section 203(14), or <<at the option
of the complainant
>>, for a period of 45 60 days after the date the
complaint is filed under section 203, the parties shall attempt
alternative means of resolving the complaint.
(2) Any alternative means that will result in a recommended
settlement may be used that is agreed to by the principal parties of
record, including, but not limited to, settlement conferences,
mediation, and other informal dispute resolution methods. If the
parties cannot agree on an
alternative means within 20 10 days after
the date the complaint is filed, the commission shall order mediation.
Within the 45-day 60-day period required under subsection
(1), a
recommended settlement shall be made to the parties.
(3) Within 7 days after the date of the recommended settlement,
each party shall file with the commission a written acceptance or
Senate Bill No. 754 as amended October 11, 2005 (1 of 2)
rejection of the recommended settlement. If the parties accept the
recommendation, then the recommendation shall become the final order
in the contested case under section 203.
(4) If a party rejects or fails to respond within 7 days to the
recommended settlement, then the application or complaint shall
proceed to a contested case hearing under section 203.
(5) The party that rejects the recommended settlement shall pay
the opposing party's actual costs of proceeding to a contested case
hearing, including attorney fees, unless the final order of the
commission is more favorable to the rejecting party than the
recommended settlement under this section. A final order is considered
more favorable if it differs by 10% or more from the recommended
settlement in favor of the rejecting party.
(6) If the recommendation is not accepted under subsection (3),
the individual commissioners shall not be informed of the recommended
settlement until they have issued their final order under section 203.
(7) An attempt to resolve a contested case under this section is
exempt from the requirements of section 203 and the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(8) This section shall not
extend or toll the time within which
the commission is required to issue
its final order under section 203.
<<SEC. 203B. THE COMMISSION MAY RECEIVE A COMPLAINT, FILED PURSUANT TO SEC. 203, AGAINST A PROVIDER OF BASIC LOCAL EXCHANGE SERVICE ALLEGING THAT THE PROVIDER IS OFFERING EITHER BASIC LOCAL EXCHANGE SERVICE OR ESSENTIAL BASIC LOCAL EXCHANGE SERVICE AT A PREDATORY RATE. IF THE COMMISSION FINDS THAT A PARTY'S COMPLAINT OR DEFENSE IS PRIVOLOUS, THE COMMISSION SHALL AWARD TO THE PREVAILING PARTY COSTS, INCLUDING REASONABLE ATTORNEY FEES, AGAINST THE NONPREVAILING PARTY AND THEIR ATTORNEY.
Sec. 204. If 2 or
more telecommunication providers are unable to agree on a matter relating to a regulated
telecommunication issue between the parties, including but not limited to, a
matter prohibited by section 305, then either telecommunication provider may
file with the commission an application for resolution of the matter.
SEC. 204A. UPON COMPLAINT OR APPLICATION FILED BY A PARTY UNDER THIS ACT, THE COMMISSION SHALL HAVE AUTHORITY TO RESOLVE A DISPUTE BETWEEN 2 PROVIDERS ARISING UNDER AN INTERCONNECTION AGREEMENT APPROVED BY THE COMMISSION.>>
Sec. 205. (1) The commission may investigate and resolve
Senate Bill No. 754 as amended October 11, 2005 (2 of 2)
complaints under this act. The penalties under this act shall not be
imposed for a violation that occurred more than 2 years before the
date the complaint was filed.
(2) If the commission finds, after notice and hearing, that the
quality, general availability, or conditions for the regulated service
violate this act or an order of the commission under this act, or is
adverse to the public interest, the commission may require changes in
how the telecommunication services
are provided. The commission's
authority includes, but is not
limited to, the revocation of a license
and issuing cease and desist
orders.
Sec. 210. (1) Except under the terms of a mandatory protective
order, trade secrets and commercial or financial information submitted
under this act are exempt from the
freedom of information act, Act
No. 442 of the Public Acts of 1976,
being sections 15.231 to 15.246 of
the Michigan Compiled Laws 1976 PA 442, MCL 15.231 to
15.246.
(2) If information is disclosed pursuant to a mandatory
protective order, then the information may be included in the
commission's evidentiary record if
admissible, and remains but shall
remain confidential.
(3) There is a rebuttable presumption that cost studies, customer
usage data, marketing studies, and contracts between providers are
trade secrets or commercial or financial information protected under
subsection (1). The burden of removing the presumption under this
subsection is with the party seeking to have the information
disclosed.
Sec. 211. Each telecommunication provider of a regulated service
in this state shall pay an assessment in an amount equal to the
expenses of the commission pursuant
to Act No. 299 of the Public Acts
of 1972, being sections 460.111 to
460.120 of the Michigan Compiled
Laws 1972 PA 299, MCL 460.111 to
460.120.
Sec. 213. (1) Subject to section 201, the commission may
promulgate rules under the administrative procedures act of 1969, 1969
PA 306, MCL 24.201 to 24.328.
(2) Effective September 1, 1996, the following administrative
rules shall not apply to telecommunication providers or
telecommunication services:
(a) Electric power and communication lines: R 460.581 to R
460.592.
(b) Intrastate telephone services and facilities: R 460.1951 to R
460.1968.
(c) Filing procedures for communications common carriers tariffs:
R 460.2051 to R 460.2057.
(d) Consumer standards and billing practices, residential
telephone service: R 460.2211 to R 460.2279.
(e) Uniform systems of accounts for class A and class B telephone
companies: R 460.9041 and R 460.9059.
(3) Rules promulgated after January 1, 1996 under this act are
considered to have been promulgated under the authority granted under
subsection (1). R 484.453(5), 484.455(2), 484.455(3), 484.457(3), and
484.458(4) of the Michigan administrative code may not be enforced
until a court determines that the rules do not exceed the commission's
authority under this act. It is the legislature's intent that
providers voluntarily comply with the rules until a court makes a
determination. A provider that voluntarily agrees to abide by the
rules does not relinquish its rights to challenge the legality of the
rules.
(4) A proceeding before the commission to promulgate rules under
this act shall be concluded within 180 days from the date that the
proceeding is initiated.
Sec. 214. (1) The commission shall issue orders that assign
the telephone digits 2-1-1 to community resource information and
referral answering points established under subsection (3) and
prescribe appropriate interconnection orders to carry out the
intent of this section.
(2) Each provider of basic local exchange service in this
state shall assign the telephone number 2-1-1 only to a community
resource information and referral answering point established under
subsection (3).
(3) The commission shall designate a community resource
information and referral entity to be the 2-1-1 answering point for
various geographical areas within this state. In making its
determination, the commission shall consider all of the following:
(a)
The recommendations of the Michigan
alliance for
information
and referral systems 2-1-1, inc.
(b)
Whether the relevant state-endorsed
multipurpose
community collaborative bodies are in agreement.
(c) Whether the entity has established a framework to assure
the provision of coverage of the 2-1-1 telephone number 24 hours
per day, 7 days per week.
(d) Whether the entity meets 2-1-1 standards adopted by the
Michigan alliance for information and referral systems.
(4) Each community resource information and referral entity
designated by the commission to be the 2-1-1 answering point for a
particular geographical area within the state shall establish the
framework to provide sufficient resources to operate the 2-1-1
telephone number 24 hours per day, 7 days per week.
(5) Within 90 days of the effective date of the amendatory act
that added this subsection, the commission shall designate an
entity to serve as the state 2-1-1 coordinating agency. The
designated agency shall assist and provide information and
resources in implementing 2-1-1 service in this state. The
designated agency shall also coordinate the providing of 2-1-1
services of the community resource information and referral
entities designated under subsection (3).
(6) Before a state agency or local unit of government
implements a community resource information or referral service,
the state agency or local unit of government shall consult with the
state 2-1-1 coordinating agency designated by the commission under
subsection (5).
(7) By 2008, the MPSC shall issue orders that assign the
telephone digits 2-1-1 to a statewide central routing system
connecting regional community resource information and referral
answering points established under subsection (3). Each provider of
basic local exchange service in the state will reassign the
telephone number 2-1-1 to the central system without additional
charge.
Sec. 215. For markets declared competitive under section 208,
the commission shall establish and carry out a customer education
program to do all of the following:
(a) Inform customers of the changes in the provision of
telecommunication services, including, but not limited to, the
availability of competitive telecommunication providers.
(b) Inform customers of the applicable laws and requirements
Senate Bill No. 754 as amended October 11, 2005 (1 of 2)
relating to disclosures, explanations, or sales practices for
telecommunication providers.
(c) Provide assistance to customers in understanding and using
the information to make reasonably informed choices.
<<SEC. 215A. (1) THE SCOPE OF COMMISSION AUTHORITY REGARDING WIRELESS TELECOMMUNICATIONS DOES NOT EXTEND TO THE REGULATION OF MARKET ENTRY OR EXIT BY, THE ESTABLISHMENT OF RATES AND SERVICES OFFERED BY, OR RATES OF RETURN EARNED BY WIRELESS TELECOMMUNICATIONS PROVIDERS. THE COMMISSION MAY USE ITS AUTHORITY IN THE OVERSIGHT OF MARKETING AND BILLING PRACTICES, SERVICE QUALITY, PROVISION OF ACCURATE COVERAGE MAPS, AND RESOLUTION OF DISPUTES BETWEEN WIRELESS TELECOMMUNICATIONS PROVIDERS AND THEIR SUBSCRIBERS.
(2) THE COMMISSION SHALL ESTABLISH STANDARDS FOR, AND PUBLISH INFORMATION REGARDING, THE QUALITY OF SERVICE ASSOCIATED WITH WIRELESS TELECOMMUNICATIONS PROVIDERS OPERATING IN THE STATE, INCLUDING CALL CENTER PERFORMANCE, BLOCKED AND DROPPED CALL RATES, AND THE NUMBER OF COMPLAINTS RECEIVED BY THE COMMISSION FOR EACH WIRELESS TELECOMMUNICATIONS PROVIDER, PER 1,000 SUBSCRIBERS, QUARTERLY. THIS INFORMATION SHALL BE MADE AVAILABLE THROUGH THE COMMISSION'S WEBSITE, PAMPHLETS, OR OTHER MEANS SUITABLE FOR MASS DISTRIBUTION.
(3) THE COMMISSION SHALL MONITOR THE DEPLOYMENT OF WIRELESS TELECOMMUNICATIONS NETWORKS AND DEVELOP RULES FOR THE PRODUCTION OF ACCURATE COVERAGE MAPS BY WIRELESS TELECOMMUNICATIONS PROVIDERS IN THE STATE. THE COMMISSION SHALL DEVELOP SIGNAL STRENGTH THRESHOLDS, MEASURED IN DECIBLES RELATIVE TO 1 MILLIWATT, TO BE USED BY WIRELESS TELECOMMUNICATIONS PROVIDERS IN PRODUCING THE COVERAGE MAPS. THE COMMISSION MAY DEVELOP OTHER SERVICE QUALITY MEASUREMENTS, AS APPROPRIATE, SUCH AS ASSESSMENTS OF VOICE OR DATA TRANSMISSION QUALITY. THE COMMISSION SHALL DEVELOP SIGNAL STRENGTH THRESHOLDS THAT IDENTIFY LEVELS OF QUALITY OF SERVICE IN COVERAGE AREAS THAT ARE APPROPRIATE FOR THE POPULATION CHARACTERISTICS AND TERRAIN CONDITIONS IN COVERAGE AREAS OF THE STATE. MAPS MAY ALSO DEPICT OTHER MEASURES OF SERVICE QUALITY, AS APPROPRIATE, THAT SHALL BE DETERMINED BY THE COMMISSION. THE VERIFIED COVERAGE MAPS APPROVED BY THE COMMISSION SHOULD CLEARLY CONVEY INFORMATION REGARDING THE QUALITY OF SERVICE TO THE PUBLIC AND SHOULD HAVE UNIFORM CHARACTERISTICS ACROSS WIRELESS TELECOMMUNICATIONS PROVIDERS TO PROMOTE SERVICE QUALITY COMPARISONS BY CONSUMERS.
(4) THE COMMISSION SHALL DEVELOP METHODS TO VERIFY THE ACCURACY OF COVERAGE MAPS SUBMITTED BY WIRELESS TELECOMMUNICATIONS PROVIDERS TO THE COMMISSION FOR APPROVAL TO ENSURE THEIR COMPLIANCE WITH THE RULES ESTABLISHED BY THE COMMISSION UNDER THIS ACT. THE ACCURACY OF THESE MAPS SHOULD BE VERIFIED NO LESS THAN ANNUALLY. THE COMMISSION SHALL MAKE AVAILABLE TO THE PUBLIC COPIES OF VERIFIED ACCURATE COVERAGE MAPS FOR WIRELESS TELECOMMUNICATIONS PROVIDERS OPERATING IN THIS STATE.>>
Sec. 303. (1) The commission may alter or amend the geographic
area of a license, grant a competing license, or revoke a license of a
provider if within 2 years from the date the license was granted the
provider has not marketed its services to all potential customers or
Senate Bill No. 754 as amended October 11, 2005 (2 of 2)
has refused to provide services to certain customers.
(2) A telecommunication provider shall not provide basic local
exchange service to customers or end-users located within another
telecommunication provider's licensed service area except through
interconnection arrangements as provided by this act.
(3) The sale or transfer of shares of stock of a provider of
basic local exchange service is not a sale or transfer of a license or
a discontinuance of service.
(4) The commission has the authority to approve or deny a
proposed addition, elimination, or modification of an area code in
this state. The commission shall give public notice and shall conduct
a public hearing in the affected geographic area before an addition,
elimination, or modification of an area code is made in this state.
(5) To the extent that it is technically and
economically
feasible, the commission shall issue orders requiring the
modification
of all area code boundaries in this state to insure that
they conform
to county lines.
Sec. 304. (1) <<Essential basic local exchange service shall be
offered to each residential customer in this state. Each
provider shall offer essential basic local exchange service to such residential
customer within the provider's service area.>> Except as provided in section 304a, the The
rates for essential basic local exchange service shall be just and
Senate Bill No. 754 as amended October 11, 2005
reasonable. <<the commission>> shall set the initial rates for essential
basic local exchange service to be effective within 90 days from
the effective date of the amendatory act that added subsection
(13). The initial rates may not exceed the rates in place before
the rates are set under this subsection unless the rates in place
do not exceed the total service long run incremental costs of the
rates. <<The rates for essential basic local exchange service shall only
be altered as provided under this section and are not subject to section 208.>>
(2) A provider may alter its rates for essential basic local
exchange services by 1 or more of the following:
(a) Filing with the commission notice of a decrease, discount,
promotional
rate, or other rate reduction in a
an essential basic
local exchange rate. A rate alteration under this subdivision shall
become effective without commission review or approval.
(b) Filing with the commission a notice of an increase in an
essential basic local exchange rate to a level not to exceed the
initial rate set under subsection (1) or a rate established under
subdivision (c) or (f). A rate alteration under this subdivision is
effective without commission review or approval.
(c) (b)
Filing with the commission notice of an annual
increase
in a an
essential basic local exchange rate
that does
not exceed 1% less than the consumer price index. Unless the
commission determines that the rate alteration exceeds the allowed
increase under this subdivision, the rate alteration shall take
effect 90 not less than 60 days from the date of the notice
required
under subsection (3). As used in this
subdivision
section, "consumer price index" means the most recent reported
annual average percentage increase in the Detroit consumer price
index for all items for the prior 12-month period by the United
States department of labor.
(d) Filing with the commission notice of a combination of
increases and decreases in essential basic local exchange rates
that are projected to be revenue neutral for the next 12-month
period. Unless the commission determines that the combination will
result in an increase in revenues for the services in question
during the next 12-month period, the combination of increases and
decreases shall take effect not less than 60 days from the notice
required under subsection (3).
(e) Filing with the commission notice of a rate alteration
that includes a range of rates for essential basic local exchange
service within which the provider can increase or decrease rates in
different amounts for different geographic areas. The upper limit
of the range of increases shall be equal to 1% less than the
consumer price index and the lower limit shall be selected by the
provider consistent with the requirements of this act. The range of
rates shall take effect without commission review or approval not
less than 60 days from the date of the notice required under
subsection (3).
(f) (c)
Filing with the commission an application to
increase a
an essential basic local exchange rate in an amount
greater
than that allowed under subdivision (b) subdivisions (c),
(d), and (e). The application shall be accompanied with sufficient
documentary support that the rate alteration is just and
reasonable. The commission shall make a determination within the
90-day period provided for in subsection (5) of 1 of the following:
(i) That the rate alteration is just and reasonable.
(ii) That a filing under section 203 is necessary to review the
rate alteration.
(3) Notice to customers of a rate alteration is required for a
rate
alteration under subsection (2)(b) or (c) (2)(c), (d), (e),
and (f) and section 304a and shall be included in or on the bill of
each affected customer of the provider before the effective date of
the rate alteration.
(4) The notice required under subsection (3) shall contain at
least all of the following information:
(a) A statement that the customer's rate may change.
(b) An estimate of the amount of the annual change for the
typical residential customer that would result by the rate change.
(c) A statement that a customer may comment on or receive
complete details of the rate alteration by calling or writing the
commission. The statement shall also include the telephone number
and address of the commission. Complete details of the rate
alteration shall be provided free of charge to the customer at the
expense of the provider.
(5) Except as otherwise provided in subsections (2) and (6),
an
altered essential basic local exchange rate shall take effect
90
10 days from the date of the notice required by
subsection (3).
(6) Upon receiving a complaint or pursuant to a determination
under
subsection (2)(c) (2)(f), the commission may require a
filing under section 203 to review a proposed rate alteration under
subsection (2)(c)
(2)(f). The commission's final order may
approve, modify, or reject the rate alteration.
Senate Bill No. 754 as amended October 11, 2005
(7)
In reviewing a rate alteration under subsection (6)
(2)(f), the commission shall consider only 1 or more of the
following factors if relevant to the rate alteration as specified
by the provider:
(a) Total service long run incremental cost of essential basic
local exchange services.
(b) Whether the proposed rate alteration would discourage
competition for telecommunication services.
(c) (b)
Comparison of the proposed rate to the rates charged
by other providers in this state for the same service.
(c)
Whether a new function, feature, or capability is being
offered
as a component of basic local exchange service.
(d) Whether there has been an increase in the costs to provide
essential basic local exchange service in the geographic area of
the proposed rate.
(e) Whether the provider's further investment in the network
infrastructure of the geographic area of the proposed rate is
economically justifiable without the proposed rate.
(f) Whether additional revenue resulting from the rate
alteration could be reinvested in the basic local exchange network
for the development or implementation of new technology or the
enhancement of the telecommunications infrastructure.
(g) Whether the proposed rate alteration produces a reasonable
rate.
<<(8) A PROVIDER SHALL BE ALLOWED ONLY 1 RATE INCREASE UNDER THIS SECTION DURING ANY 12-MONTH PERIOD. A PROVIDER MAY OFFER A SPECIAL INCENTIVE, BUT MAY NOT INCREASE THE RATE ABOVE THE RATE ESTABLISHED PRIOR TO THE SPECIAL INCENTIVE.>>
(8)
A provider shall be allowed only 1 rate increase for each
class
or type of service during any 12-month period.
(9)
A provider shall not make a rate alteration under this
Senate Bill No. 754 as amended October 11, 2005
section
until the rate has been restructured under section 304a.
(9) (10) The
commission shall exempt a provider from this
section and section 310(2) if it finds all of the following:
(a) The provider provides basic local exchange service or
basic local exchange and toll service to less than 250,000 end-
users in this state.
(b) The provider offers to end-users single-party basic local
exchange service, tone dialing, toll access service, including end-
user common line services and dialing parity at a total price of no
higher than the amount charged as of May 1, 2000.
(c) The provider provides dialing parity access to operator,
telecommunication relay, and emergency services to all basic local
exchange end-users.
(10) A provider may charge a late payment fee to customers who
do not make timely payments of the outstanding balance of their
account as provided in tariffs filed with the commission. <<A PROVIDER
SHALL NOT CHARGE A LATE PAYMENT FEE IN EXCESS OF 5% OF THE CUSTOMER'S OUTSTANDING ACCOUNT BALANCE.>>
(11) (11) A
call made to a local calling area adjacent to
the caller's local calling area shall be considered a local call
and shall be billed as a local call.
<<(12) A call made to a local calling area adjacent to the caller's local calling area shall be considered a local call and shall be billed as a local call. A CALL MADE TO A CALLED PARTY WHO IS NOT LOCATED WITHIN THE GEOGRAPHIC AREA OF THE CALLER'S LOCAL CALLING AREA OR AN ADJACENT LOCAL CALLING AREA AS DEFINED BY THE COMMISSION'S ORDER IN CASE NUMBERS U-12515 AND U-12528, DATED FEBRUARY 5, 2001, IS NOT A LOCAL CALL IF THE TARIFF OF THE PROVIDER ORIGINATING THE CALL DOES NOT CLASSIFY THE CALL AS A LOCAL CALL.>>
<<
(13) A PROVIDER OF ESSENTIAL BASIC LOCAL EXCHANGE SERVICE MAY
PROVIDE THAT SERVICE USING DIFFERENT TECHNOLOGIES, PROVIDED THE ESSENTIAL
Senate Bill No. 754 as amended October 11, 2005
BASIC LOCAL EXCHANGE SERVICE IS OFFERED AS REQUIRED BY THIS ACT.
>>
(14) A person <<WITH DISABILITIES, OR WHO IS VOLUNTARILY PROVIDING
A SERVICE FOR AN ORGANIZATION CLASSIFIED BY THE INTERNAL REVENUE SERVICE AS A SECTION 501 (C)(3) OR (19) ORGANIZATION, OR>> who provides a service for a congressionally
chartered veterans organization or its duly authorized foundation
shall be exempt from any call limit and shall receive essential
basic local exchange service allowing unlimited calls per month for
a flat rate. A person exempt from any call cap under this
subsection shall not be charged for such unlimited essential basic
local exchange service a rate greater than the flat rate charged
other residential customers for essential basic local exchange
service.
<<(15) IF A CUSTOMER OF A WIRELESS TELECOMMUNICATIONS SERVICE TERMINATES A SERVICE CONTRACT BEFORE THE EXPIRATION DATE OF THE CONTRACT, THE WIRELESS PROVIDER MAY CHARGE THE CUSTOMER A TERMINATION FEE NOT TO EXCEED $20.00.
(16) A provider shall file with the commission for review and approval a tariff for the rates and charges for calls made under essential basic local exchange service that exceed the 200-call limit.>>
Sec. 304a. (1) Upon filing with and the approval of the
commission, a basic local exchange provider shall restructure its
rates for basic local exchange, toll, and access services to ensure
that the rates are not less than the total service long run
incremental cost of providing each service.
(2) The provider may determine when each
rate is restructured
and may phase in the rate restructuring until
January 1, 2000.
After January 1, 2000, the A provider's
rates for basic local
exchange, toll, and access services shall not be less than the
total service long run incremental cost for each service.
(3) The rate restructuring may include, but is not limited to,
1 or more of the following:
(a) Touchtone capability and associated charges into basic
local exchange services at rate levels no greater than the sum of
the current basic local exchange service rates and the touchtone
service rates. Residential customers with rotary dial service may
retain such service at their current rate.
(b) Within basic local exchange rates, all or part of the
existing rate elements and charges for other services that are
designed to recover the costs associated with the local exchange
network.
(c) Restructure existing basic local exchange rates to reflect
the existing variations in costs to provide basic local exchange
services based upon differences in geographic areas, classes of
customers, calling patterns and volumes, technology, and other
factors.
(4) The commission shall have 45 days from the date of a
filing under this section to review the proposed rate restructuring
to ensure that the rates are not less than the total service long
run incremental costs of the service, or that the rate
restructuring brings rates that are below such costs closer to the
costs. If the commission is unable to make a determination within
the allowed 45 days under this subsection, the commission shall
have an additional 45 days to review the rate restructuring.
(5) If the commission does not complete its review within the
time period required under subsection (4), the rate restructuring
is considered approved under this section. The basic local exchange
provider may implement the restructured rates 10 days following
commission approval or the end of the period provided for
commission review, whichever is earlier.
(6) Except as provided in subsection (7), for the purposes of
this section and the act, providers who, together with any
Senate Bill No. 754 as amended October 11, 2005 (1 of 2)
affiliated providers, provide basic local exchange service or basic
local exchange and toll service to less than 250,000 end-users in
this state may determine total service long run incremental cost
through preparation of a cost study or may determine that their
total service long run incremental cost is the same as that of a
provider with more than 250,000 end-users.
(7) A provider of basic local exchange service with less than
15,000 end-users in this state may determine that their total
service long run incremental cost is the same as that of a provider
with more than 250,000 end-users.
<<SEC. 304C. (1) ALL PROVIDERS OF WIRELESS TELECOMMUNICATIONS SERVICES SHALL PUBLISH VERIFIED COVERAGE MAPS SHOWING THE COVERAGE AREA ASSOCIATED WITH ALL STATEWIDE HOME CALLING AREAS AND EACH CALLING PLAN. WIRELESS TELECOMMUNICATIONS PROVIDERS SHALL MAKE COPIES OF VERIFIED COVERAGE MAPS AVAILABLE TO PROSPECTIVE AND EXISTING SUBSCRIBERS. COVERAGE MAPS SHOULD BE PREPARED IN COMPLIANCE WITH COMMISSION RULES AND SUBMITTED TO THE COMMISSION FOR VERIFICATION AND APPROVAL NO LESS THAN ANNUALLY.
(2) WIRELESS TELECOMMUNICATIONS PROVIDERS SHALL PUBLISH RATE INFORMATION IN A CLEAR AND UNDERSTANDABLE FORMAT. ANY RESTRICTIONS ON THE USE OF PACKAGE MINUTES SHOULD BE CLEARLY IDENTIFIED. PRICES, RATES, OR TERM CONTRACTS ASSOCIATED WITH WIRELESS TELECOMMUNICATIONS SERVICES SHALL INCLUDE A DISCLOSURE OF ANY GEOGRAPHIC LIMITATION TO THE ADVERTISED PRICE, RATE, OR TERM CONTRACT. RATE INFORMATION SHOULD INCLUDE A GOOD FAITH ESTIMATE OF THE TOTAL MONTHLY COST OF THE SERVICE, WHICH INCLUDES ANY ADDITIONAL SURCHARGES, CALL SETUP CHARGES, FEES, OR TAXES APPLICABLE TO THE PRICES, RATE, OR TERM CONTRACTS. RATE INFORMATION SHOULD BE CLEARLY IDENTIFIED. TERMINATION AND REACTIVATION FEES SHOULD BE CLEARLY STATED.
SEC. 304D. (1) FOR A PERIOD OF UP TO 20 DAYS AFTER THE DATE OF THE FIRST BILL FOR THE FIRST FULL MONTH OF SERVICE FOLLOWING SERVICE ACTIVATION, THE WIRELESS TELECOMMUNICATIONS SERVICE SUBSCRIBER SHALL BE ALLOWED, WITHOUT PENALTY, TO CANCEL THE CONTRACT WITH THE WIRELESS TELECOMMUNICATIONS PROVIDER AND RETURN FOR A FULL REFUND ANY WIRELESS TELECOMMUNICATIONS EQUIPMENT ACQUIRED FROM THE WIRELESS TELECOMMUNICATIONS PROVIDER, OR FROM ITS AGENTS OR AUTHORIZED DEALERS. THE SUBSCRIBER REMAINS RESPONSIBLE FOR ANY USE CHARGES INCURRED BEFORE TERMINATION. REFUNDS FOR EQUIPMENT ARE CONTINGENT UPON THE RETURN OF ALL WIRELESS EQUIPMENT IN PROPER WORKING ORDER.>>
Sec. 305. (1) A
provider of basic local exchange service
shall not do any of the following:
(a) Discriminate against another provider by refusing or
delaying access service to the local exchange.
(b) Refuse or delay interconnections or provide inferior
connections to another provider.
Senate Bill No. 754 as amended October 11, 2005 (2 of 2)
(c) Degrade the quality of access service provided to another
provider.
(d) Impair the speed, quality, or efficiency of lines used by
another provider.
(e) Develop new services to take advantage of planned but not
publicly known changes in the underlying network.
(f) Refuse or delay a request of another provider for
information regarding the technical design, equipment capabilities
and features, geographic coverage, and traffic patterns of the
local exchange network.
(g) Refuse or delay access service or be unreasonable in
connecting another provider to the local exchange whose product or
service requires novel or specialized access service requirements.
(h) Upon a request, fail to fully disclose in a timely manner
all available information necessary for the design of equipment
that will meet the specifications of the local exchange network.
(i) Discriminate against any provider or any party who
requests the information for commercial purposes in the
dissemination of customer proprietary information. A provider shall
provide without unreasonable discrimination or delay telephone
directory listing information and related services to persons
purchasing telephone directory listing information to the same
extent and in the same quality as provided to the provider,
affiliates of the provider, or any other listing information
purchaser.
(j) Refuse or delay access service by any person to another
provider.
(k) Sell, lease, or otherwise transfer an asset to an
affiliate for an amount less than the fair market value of the
asset.
(l) Buy, lease, or otherwise acquire an asset from an affiliate
of the provider for an amount greater than the fair market value of
the asset.
(m) Bundle unwanted services or products for sale or lease to
another provider.
(n) Perform any act that has been prohibited by this act or an
order of the commission.
(o) Sell services or products, extend credit, or offer other
Senate Bill No. 754 as amended October 11, 2005 (1 of 2)
terms and conditions on more favorable terms to an affiliate of the
provider than the provider offers to other providers.
(p) Discriminate in favor of an affiliated burglar and fire
alarm service over a similar service offered by another provider.
<<(Q) OFFER BASIC LOCAL EXCHANGE SERVICE OR ESSENTIAL BASIC LOCAL EXCHANGE SERVICE AT PREDATORY RATES.>>
(2) A provider of cellular telecommunication
services shall
not do either of the following:
(a) Unreasonably provide services, extend
credit, or offer
other terms and conditions on more favorable terms
to an affiliate
of the provider or to its retail department that
sells to end users
than the provider offers to other providers.
(b) Unreasonably use rates or proceeds from
providers,
directly or indirectly, to subsidize or offset the
costs of
cellular service offered by the provider, or an
affiliate of the
provider, to other providers or to end-users.
(3) Until a provider has complied with section
304a, the
provider of a rate regulated service shall not
provide that service
in combination with an unregulated service in
section 401 or an
unbundled or resold service under section 357 at a
price that does
not exceed the total service long run incremental
cost of each
service.
<<SEC. 305A. ANY AGREEMENT OR CONTRACT THE CONSUMER OR SUBSCRIBER MAY EXECUTE SHALL BE A SEPARATE DOCUMENT FROM MARKETING MATERIALS USED TO PROMOTE WIRELESS TELECOMMUNICATIONS PRODUCTS OR SERVICES AND SHALL BE UNAMBIGUOUS AND LEGIBLE. RATES PROVIDED IN AGREEMENTS OR CONTRACTS SHOULD INCLUDE A GOOD FAITH ESTIMATE OF THE TOTAL MONTHLY COST OF A PLAN, INCLUDING TAXES, SURCHARGES, AND OTHER FEES THAT WILL APPEAR ION THE CUSTOMER'S BILL. THE TERMS AND CONDITIONS SPECIFIED IN THE CONTRACT REGARDING PRICES, TERMS OF USE, PACKAGE MINUTES, AND NONGOVERNMENT CHARGES ARE BINDING ON THE PROVIDER DURING THE TERM OF THE PLAN.
SEC. 305B. EACH WIRELESS TELECOMMUNICATIONS PROVIDER SHALL ESTABLISH AND MAINTAIN A TOLL-FREE CUSTOMER SERVICE TELEPHONE NUMBER WITH ACCESS TO A LIVE OPERATOR, THROUGH WHICH CONSUMERS MAY LODGE RELEVANT COMPLAINTS AND THROUGH WHICH ALL OF THE FOLLOWING INFORMATION MAY BE OBTAINED BY CONSUMERS:
(A) ALL RATES, SURCHARGES, AND FEES.
(B) THE BALANCE OF MINUTES IN THE CONSUMER'S ACCOUNT, IF APPLICABLE.
(C) THE PROCESS TO DISPUTE CHARGES.
SEC. 305C. NOT LESS THAN 30 DAYS FROM THE EXPIRATION DATE OF A SERVICE CONTRACT WITH A PROVIDER OF CELLULAR TELECOMMUNICATION SERVICE, THE PROVIDER SHALL GIVE NOTICE TO THE CUSTOMER OF THE EXPIRATION DATE.>>
SEC. 305D. A PROVIDER'S RATES FOR WHOLESALE SERVICES SHALL BE AT
Senate Bill No. 754 as amended October 11, 2005 (2 of 2)
RATES BELOW ITS RETAIL RATES.
SEC. 305E. A PROVIDER OF A TELECOMMUNICATION SERVICE IN THIS STATE SHALL PROVIDE ON EACH SERVICE CONTRACT INFORMATION REGARDING WHICH ENTITY
IS RESPONSIBLE FOR REPAIRS AND RESOLUTION OF OTHER SERVICE ISSUES. THE NOTICE WILL ALSO INCLUDE INFORMATION ON HOW TO CONTACT THE SERVICE PROVIDER WHICH IS RESPONSIBLE FOR SERVICE AND REPAIR. >>
Sec. 306. Except as provided in section
312b, a A
telecommunication provider of basic local exchange service is not
required to provide toll services. If a telecommunication provider
that provides basic local exchange service does not offer toll or
have interconnection with a toll provider, the commission shall
order a toll provider to interconnect with the telecommunication
provider upon terms that are fair to both providers.
Sec. 309. (1) A provider of basic local exchange service shall
provide to each customer local directory assistance and, at no
additional charge to the customer, an annual printed telephone
directory.
(2) A provider of interzone service, as defined
in tariffs on
file with the commission on December 31, 1991, shall
continue to
provide the service pursuant to the terms of the
tariffs. A
provider may alter interzone service rates pursuant
to provisions
of section 304.
(2)
(3) A provider of basic local
exchange service shall
provide each customer at no additional charge the option of having
access to 900 prefix services blocked through the customer's
exchange service.
Sec. 309a. (1) A
provider of telecommunication service,
including, basic local exchange service, may provide cable service
if the provider has received a franchise agreement from the local
unit of government to provide cable service.
(2) If a new provider of cable service seeks to
offer the
service in an area that has an incumbent provider of
cable service
operating under a franchise agreement, in
negotiating a franchise
agreement during the term of a franchise agreement
entered into
prior to July 1, 1995, the local government unit may
consider terms
and conditions of the franchise agreement of the
incumbent
provider, existing cable franchise fees, development
of new
services, the state of technology, and other
factors.
Sec. 310. (1) Except as provided by this act, the commission
shall not review or set the rates for toll access services.
(2) Except as otherwise provided under subsection (7), a
provider of toll access services shall set the rates for toll
access services. Access service rates and charges set by a provider
that exceed the rates allowed for the same interstate services by
the federal government are not just and reasonable. In no event may
end-user or subscriber line charges exceed the rates allowed for
the same interstate services by the federal
government. as of May
1, 2000. Providers may agree to a
rate that is less than the rate
allowed by the federal government. If the providers cannot agree on
a rate, a provider may apply to the commission under section 204.
(3) Two or more providers that each have less than 250,000
access lines may agree to joint toll access service rates and
pooling of intrastate toll access service revenues.
(4) A provider of toll access services shall make available
for intrastate access services any technical interconnection
arrangements, including colocation required by the federal
government for the identical interstate access services.
(5) A provider of toll access service, whether under tariff or
contract, shall offer the services under the same rates, terms and
conditions, without unreasonable discrimination, to all providers.
All pricing of special toll access services and switched access
services, including volume discounts, shall be offered to all
providers under the same rates, terms, and conditions. Until
allowed by the federal communications commission, volume discounts
on switched access are prohibited under this subsection.
(6) If a toll access service rate is reduced, then the
provider receiving the reduced rate shall reduce its rate to its
Senate Bill No. 754 as amended October 11, 2005
customers by an equal amount. The commission shall investigate and
ensure that the provider has complied with this subsection.
<<(7) AFTER JULY 1, 2006, A PROVIDER OF BASIC LOCAL EXCHANGE SERVICE SHALL NOT ASSESS OR IMPOSE ON END-USERS AN INTRASTATE SUBSCRIBER LINE CHARGE OR END-USER LINE CHARGE.
(8) IF A PROVIDER IS ASSESSING OR IMPOSING AN INTRASTATE SUBSCRIBER LINE CHARGE OR END-USER LINE CHARGE ON JULY 1, 2005, THE PROVIDER MAY NO LATER THAN JULY 2, 2006 FILE WITH THE COMMISSION UNDER SECTION 304(2)(F) NOTICE OF AN INCREASE IN THE ESSENTIAL BASIC LOCAL EXCHANGE RATE IN AN AMOUNT NOT TO EXCEED THE PROVIDER'S INTRASTATE SUBSCRIBER LINE CHARGE OR END-USER LINE CHARGE IN EFFECT ON JULY 1, 2005.>>
(7) A provider of basic local exchange service
shall not
assess or impose on end-users an intrastate
subscriber line charge
or end-user line charge.
(7) (8) This section shall not apply
to basic local exchange
providers that have 250,000 or fewer customers in this state.
Sec. 315. (1) The commission shall require each provider of
basic local exchange service to provide a text telephone-
telecommunications device for the deaf at costs to each individual
who is certified as deaf or severely
hearing- hard of hearing or
speech-impaired by a licensed physician, licensed audiologist, or
qualified state agency, and to each public safety answering point
as defined in section 102 of the emergency telephone service
enabling act, Act No. 32 of the
Public Acts of 1986, being section
484.1102 of the Michigan Compiled Laws 1986 PA 32, MCL 484.1102.
(2) The commission shall require each provider of basic local
exchange service to provide a telecommunication relay service
whereby persons using a text telephone-telecommunications device
for the deaf can communicate with persons using a voice telephone
through the use of third party intervention or automated
translation. Each provider of basic local exchange service shall
determine whether to provide a telecommunication relay service on
its own, jointly with other basic local exchange providers, or by
contract with other telecommunication providers. The commission
shall determine the technical standards and essential features of
text telephone and telecommunication relay service to ensure their
compatibility and reliability.
(3) The commission shall appoint a 3-person
advisory board
consisting of a representative of the deaf
community, the
commission staff, and providers of basic local
exchange service to
assist in administering this section. The advisory
board shall hold
meetings, open to the public, at least once each 3
months, shall
periodically seek input on the administration of
this section from
members of the deaf, hearing, or speech impaired
community, and
shall report to the commission at least annually.
The advisory
board shall investigate and make recommendations on
the feasibility
of hiring a reasonably prudent number of people from
the deaf or
hearing impaired and speech impaired community to
work in the
provision of telecommunication relay service.
(3) The Michigan telecommunication relay service advisory
board is created within the department. The board shall consist of
9 members. One member shall be the chair of the commission or his
or her designated representative. One member shall the director of
the division on deaf and hard of hearing within the department or
his or her designated representative. One member shall be a deaf
consumer appointed by the director of the department upon the
recommendation of the Michigan deaf association. One member shall
be a hard of hearing consumer appointed by the department upon the
recommendation of Michigan self-help for hard of hearing. One
member shall be a speech impaired consumer appointed by the
director of the department. Four members shall be appointed by the
director of the department to represent telecommunication
providers. Appointed members shall be appointed for terms of 4
years. A vacancy on the board shall be filled in the same manner as
the original appointment for the remainder of the unexpired term.
(4) The board shall designate from among its appointed members
a chairperson and vice-chairperson, who shall serve for 2-year
terms and who may be reelected. The board shall meet not less than
4 times each year. Special meetings may be called by the
chairperson, or upon written request of not less than 4 board
members. Meetings shall be held at a location designated by the
chairperson.
(5) Members of the board shall serve without compensation, but
shall be reimbursed for actual and necessary expenses.
(6) Staff services shall be performed by personnel of the
department. Assistance shall also be made available, as requested
by the board, from other agencies, departments, and authorities of
the state. The board may employ a staff to assist it in the
performance of its duties, subject to civil service rules and
within fiscal restraints.
(7) A majority of the members appointed to and serving on the
board constitute a quorum. A majority vote of the members voting
shall be required to pass upon any question, action, or business of
the board.
(8) The business performed by the board shall be conducted at
a public meeting of the board. The board shall keep minutes of its
proceedings, showing the vote of each member on each proposition or
question, or indicating if a member is absent or fails to vote. A
record of board action and business shall be made and maintained.
(9) A writing prepared, owned, used, in the possession of, or
retained by the board in the performance of an official function
shall be made available to the public.
(10)
(4) Rates
and charges for calls placed through a
telecommunication relay service shall not exceed the rates and
charges for calls placed directly from the same originating
location to the same terminating location. Unless ordered by the
commission, a provider of a telecommunications relay service shall
not be required to handle calls from public telephones except for
calls charged collect, cash, to a credit card, or third party
number.
(11)
(5) Notwithstanding
any other provision of this act, a
provider may offer discounts on toll calls where a text telephone-
telecommunications device for the deaf is used. The commission
shall not prohibit such discounts on toll calls placed through a
telecommunication relay service.
(12)
(6) The
commission shall establish a rate for each
subscriber line of a provider to allow the provider to recover
costs incurred under this section and may waive the costs assessed
under this section to individuals who are deaf or severely hearing
impaired or speech impaired. The commission shall ensure providers
properly remit funds to support the relay service.
(13) No later than January 1, 2008, the board shall conduct a
study and report to the governor and the house and senate standing
committees with oversight of telecommunication issues on the
ability for deaf, hard of hearing, and speech impaired customers to
access telecommunication services. The report shall include, but is
not limited to, activities by the commission to ensure reasonable
access, impediments to access, identification of activities in
other states to improve access, and recommendations for
legislation, if any.
(14) As used in this section:
(a) "Board" means the Michigan telecommunication relay service
advisory board created under subsection (3).
(b) "Department" means the department of labor and economic
growth.
Sec. 316a. (1) As used in this section:
(a) "Affordable rates" means, at a minimum, rates in effect on
January 1, 2001 or as determined by the commission.
(b) "Intrastate universal service fund" means a fund created
by the commission to provide a subsidy to customers for the
provision of supported telecommunication services provided by any
telecommunication carrier.
(c) "Supported telecommunication services" means primary
residential access lines and a minimum level of local usage on
those lines, as determined by the commission.
(d) "Universal service" shall mean the provision of supported
telecommunication services by any carrier.
(2) No sooner than July 1, 2002, the commission
shall initiate
an investigation to determine whether an intrastate
universal
service fund should be created. The commission shall
complete the
investigation no sooner than December 1, 2002. All
providers shall
be made respondents in the proceeding and any other
interested
party may participate and intervene in the
proceeding.
(2) (3) The commission shall
determine for each provider
whether and to what extent the affordable rate level to provide
supported telecommunication services is below each provider's
forward looking economic cost of the supported telecommunication
services.
(3) (4) If a an intrastate universal fund is created under
this section, to the extent providers provide supported
telecommunication services at an affordable rate that is below the
forward looking economic cost of the supported telecommunication
services, the fund shall provide a subsidy for customers in an
amount which is equal to the difference between the affordable rate
as determined by the commission and the forward looking economic
cost of the supported services, less any federal universal service
support received for those supported services.
(4) (5) Eligibility for customers
to receive intrastate
universal service support under subsection (4) (3) shall
be
consistent with the eligibility guidelines of section 254(e) of the
telecommunications act of 1996 and the rules and regulations of the
federal communications commission. The state fund shall be
administered by an independent third-party administrator selected
by the commission.
(5) (6) To the extent an intrastate
universal service fund
is established, the commission shall require that the costs of the
fund be recovered from all telecommunication providers on a
competitively neutral basis. Providers contributing to the
intrastate universal service fund may recover from end-users the
costs of the financial support through surcharges assessed on end-
users' bills.
(6) (7) Upon request or on its own
motion, the commission,
after notice and hearing, shall determine if, based upon changes in
technology or other factors, the findings made under this section
should be reviewed.
(8) This section does not apply if an
interstate universal
service fund exists on the federal level unless
otherwise approved
by the commission.
Sec. 317. (1) The commission
shall adopt operating
requirements for operator service providers. The
requirements shall
include the following:
(a) That an OSP shall furnish each entity with
which the OSP
contracts to provide operator service a sticker,
card, or other
form of information for each telephone that has
access to the
operator service. The information shall include the
name of the
operator service provider, a toll-free customer
service telephone
number, and a statement that charges imposed by the
operator
service provider may be obtained by calling the
toll-free telephone
number. The operator service provider shall require
by contract
that the entity receiving the information display
the information
on or near each of the telephones that has access to
the service.
(b) Prior to the connection of each call, the
operator service
provider shall do all of the following:
(i) Announce the operator service provider's name.
(ii) Quote, at the caller's request and without charge,
the
rate and any other fees or surcharges applicable to
the call
charged by the operator service provider.
(c) Allow a caller to choose the carrier of his
or her choice
by doing either of the following:
(i) After informing the caller that the rates for the
call may
not reflect the rates for a call from the location
of the caller
and receiving the caller's consent, transfer the
caller to the
carrier of his or her choice without charge.
(ii) Instruct the caller how to reach his or her
carrier of
choice by dialing the carrier's 950, 1-800, or
10-XXX access
service method.
(d) Allow callers to the operator service
provider to reach
emergency services without charge.
(1) (2) An operator service
provider shall not provide
operator services in this state without first registering with the
commission. The registration shall include the following
information:
(a) The name of the provider.
(b) The address of the provider's principal office.
(c) If the provider is not located in this state, the address
of the registered office and the name of the registered agent
authorized to receive service of process in this state.
(d) Any other information that the commission may require.
(2)
(3) The
registration shall be accompanied with a
registration fee of $100.00.
(3) (4) The registration is effective
immediately upon
filing with the commission and the payment of the registration fee
and shall remain in effect for 1 year from its effective date.
(4) (5) A registration may be
renewed for 1 year by filing
with the commission a renewal registration on a form provided by
Senate Bill No. 754 as amended October 11, 2005 (1 of 2)
the commission and the payment of a renewal fee of $100.00.
<<(5) THE COMMISSION SHALL REQUIRE AN OPERATOR SERVICE PROVIDER TO QUOTE, AT THE CALLER'S REQUEST AND WITHOUT CHARGE, THE RATE AND ANY OTHER FEES OR SURCHARGES APPLICABLE TO THE CALL CHARGED BY THE OPERATOR SERVICE PROVIDER.>>
(6) Except as otherwise authorized by the
commission, a
provider under this section shall not charge a rate
for operator
services or toll service that is greater than 300%
of the state
average rate for operator or toll service by
providers of regulated
toll service.
(7) A provider shall not discontinue basic
local exchange
service for failure by a person to pay an OSP
charge.
(8) In addition to any other penalty under this
act, a person
who is charged for the use of an operator service
provider or is
denied access to emergency services in violation of
this section
may bring a civil action against the OSP to recover
actual damages
or $250.00, whichever is greater, plus all
reasonable attorney
fees.
Sec. 321. Except as otherwise provided
under section 304a, a
A provider of a regulated telecommunication service shall not
charge a rate for the service that is less than the total service
long run incremental cost of providing the service.
<<SEC. 353A. (1) WHEN NEGOTIATING A SUCCESSOR INTERCONNECTION AGREEMENT, UNLESS THE PARTIES AGREE OTHERWISE, THE PARTIES SHALL USE THEIR CURRENT INTERCONNECTION AGREEMENT AS THE BASELINE DOCUMENT FOR NEGOTIATION. THE PARTY REQUESTING IN AN ARBITRATION PROCEEDING A CHANGE IN THE BASELINE DOCUMENT BEARS THE BURDEN OF PERSUASION THAT THE CHANGE IS NECESSARY.
(2) IF A PARTY NEGOTIATING AN INTERCONNECTION AGREEMENT WISHES TO TAKE A POSITION CONTRARY TO A PRIOR RULING OF THE COMMISSION IN AN ARBITRATION PROCEEDING, THE PARTY SHALL FILE A MOTION WITH THE COMMISSION DEMONSTRATING THAT GOOD CAUSE EXISTS TO RELITIGATE THE ISSUE. SUCH MOTION SHALL BE FILED NOT LATER THAN 90 DAYS FROM THE COMMENCEMENT OF NEGOTIATIONS. THE COMMISSION SHALL RULE UPON THE MOTION WITHIN 21 DAYS OF ITS FILING AND DETERMINE THE EXTENT TO WHICH THE ISSUE MAY BE RELITIGATED. A PARTY THAT BELIEVES THAT THE OTHER PARTY IS TAKING A POSITION CONTRARY TO A PRIOR RULING OF THE COMMISSION MAY ALSO FILE A MOTION FOR A DETERMINATION UNDER THIS SECTION.>>
Sec. 355. (1) On or before January 1, 1996,
a A provider of
basic local exchange service shall unbundle and separately price
Senate Bill No. 754 as amended October 11, 2005 (2 of 2)
each basic local exchange service offered by the provider into the
loop and port components and allow other providers to purchase such
services on a nondiscriminatory basis.
(2) Unbundled services and points of interconnection shall
include at a minimum the loop and the switch port.
Sec. 359. (1) No later than January 1,
1996, a A provider of
basic local exchange service shall establish a rate charge for
Senate Bill No. 754 as amended October 11, 2005 (1 of 3)
other providers of basic local exchange service for the termination
of local traffic on its network as provided under section 352.
(2) This section does not prohibit providers of basic local
exchange service from entering into an agreement to provide for the
exchange of local traffic on other terms and conditions. Any
compensation arrangements agreed to between providers under this
subsection shall be available to other providers with the same
terms and conditions on a nondiscriminatory basis.
Sec. 360. (1) No later than January 1,
1996, a A provider of
basic local exchange service shall establish a rate to other
providers of basic local exchange service for providing directory
assistance.
(2) This section does not prohibit providers of basic local
exchange service from entering into an agreement to provide for the
exchange of providing directory assistance on other terms and
conditions.
<<Sec. 402A. (1) A provider of
an unregulated service may SHALL
file with the commission a tariff which shall contain A COMMITMENT TO PROVIDE EMERGENCY SERVICES
TO ITS CUSTOMERS, INCLUDING 9-1-1 AND E-9-1-1 SERVICES. IF 911 SERVICE IS NOT
AVAILABLE IN AN AREA, THE PROVIDER SHALL MAKE ARRANGEMENTS FOR THE CUSTOMER TO
REACH POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES THROUGH ANOTHER MECHANISM.
THE TARIFF MAY CONTAIN OTHER the information the provider determines to be
appropriate regarding the offered service ITS RATES AND SERVICE OFFERINGS.
Sec. 502. (1) A provider of a telecommunication service shall not do any of the following:
(a) Make a statement or representation, including the omission of material information, regarding the rates, terms, or conditions of providing a telecommunication service that is false, misleading, or deceptive.
(b) Charge an end-user for a subscribed service that the end-user did not make an initial affirmative order. Failure to refuse an offered or proposed subscribed service is not an affirmative order for the service.
(c) If an end-user has canceled a service in compliance with a tariff or contract, charge the end-user for service provided after the effective date the service was canceled.
(d) If a residential end-user has orally ordered a service, fail to confirm the order in writing within 15 days after the service is ordered.
(e) State to an end-user that their basic local exchange service or other regulated service will be discontinued unless the end-user pays a charge that is due for an unregulated service.
(f) Disparage the services, business, or reputation of another by false, deceptive, or misleading representation of fact.
Senate Bill No. 754 as amended October 11, 2005 (2 of 3)
(g) Represent to a party to whom services are supplied that the services are being supplied in response to a request made by or on behalf of the party when they are not.
(h) Cause a probability of confusion or a misunderstanding as to the legal rights, obligations, or remedies of a party to a transaction by making a false, deceptive, or misleading statement.
(i) Represent or imply that the subject of a transaction will be provided promptly, or at a specified time, or within a reasonable time, if the provider knows or has reason to know it will not be so provided.
(j) Cause coercion and duress as a result of the time and nature of a sales presentation.
(2) When the commission has authority to bring a proceeding for violation of this section, the commission may accept an assurance of discontinuance of a method, act, or practice which is alleged to be unlawful under this section from the person who is alleged to have engaged, be engaging, or be about to engage in the method, act, or practice. The assurance shall not be an admission of guilt or be introduced in any other proceeding. Unless rescinded by the parties or voided by the court for good cause, the assurance may be enforced in the circuit court by the parties to the assurance. The assurance may include a stipulation for any of the following:
(a) The voluntary payment by the person for the cost of investigation.
(b) An amount to be held in escrow pending the outcome of an action.
(c) An amount for restitution to an aggrieved person.
SEC. 502A. (1) A PROVIDER OF AN UNREGULATED TELECOMMUNICATION SERVICE SHALL NOT DO ANY OF THE FOLLOWING:
(A) CHARGE AN END-USER FOR A SERVICE THAT THE END-USER DID NOT REQUEST BY AN AFFIRMATIVE ORDER. FAILURE TO REFUSE AN OFFERED OR PROPOSED SERVICE IS NOT AN AFFIRMATIVE ORDER FOR THE SERVICE.
(B) IF AN END-USER HAS CANCELLED A SERVICE, CHARGE THE END-USER FOR SERVICES PROVIDED AFTER THE EFFECTIVE DATE THE SERVICE WAS CANCELLED.
Sec. 505. (1) An end user of a telecommunications provider, INCLUDING AN UNREGULATED PROVIDER, shall not be switched to another provider without the authorization of the end user.
(2) The commission shall issue orders to ensure that an end user of a telecommunications provider is not switched to another provider without the end user's oral authorization, written confirmation, confirmation through an independent third party, or other verification procedures subject to commission approval, confirming the end user's intent to make a switch and that the end user has approved the specific details of the switch. The order issued under this section shall require that all as providers comply with the regulations established by the federal communications commission on verification procedures for the switching of an end user's telecommunications provider.
(3) As used in this section and section 506:
(a) "End user" means the retail subscriber of a telecommunications service.
(b) "Telecommunications
provider" or "provider" means a person that provides 1 or more
telecommunications services for compensation. Telecommunication provider
does not include a provider of commercial mobile service as defined in
section 332(d)(1) or Part I of title III of
Senate Bill No. 754 as amended October 11, 2005 (3 of 3)
the communications act of 1934, chapter 652, 96 Stat.
1096, 47 U.S.C. 332.>>
Sec.
604. This act is repealed effective December 31, 2005
2009.
Enacting section 1. Sections 207, 304b, 312a, 319, 322, 351,
353, 358, and 701 of the Michigan telecommunications act, 1991 PA
179, MCL 484.2207, 484.2304b, 484.2312a, 484.2319, 484.2322,
484.2351, 484.2353, 484.2358, and 484.2701, are repealed.