HOUSE BILL No. 5988 July 2, 1998, Introduced by Rep. Gubow and referred to the Committee on Public Utilities. A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending sections 201, 203, and 305 (MCL 484.2201, 484.2203, and 484.2305), sections 203 and 305 as amended by 1995 PA 216. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 201. (1) The Michigan public service commission shall 2 have the jurisdiction and authority to administer this act AND TO 3 IMPLEMENT IN THIS STATE THE APPLICABLE PROVISIONS OF THE TELECOM- 4 MUNICATIONS ACT OF 1996, PUBLIC LAW 104-104, 110 STAT. 56. 5 (2) In administering this act, the commission shall be 6 limited to the powers and duties prescribed by this act. 7 Sec. 203. (1) Upon receipt of an application or complaint 8 filed under this act, or on its own motion, the commission may 9 conduct an investigation, hold hearings, and issue its findings 10 and order under the contested hearings provisions of the H06066'98 *** SAT 2 1 administrative procedures act of 1969,Act No. 306 of the Public2Acts of 1969, being sections 24.201 to 24.328 of the Michigan3Compiled Laws1969 PA 306, MCL 24.201 TO 24.328. 4 (2) IF THE COMPLAINT FILED UNDER THIS SECTION ALLEGES AN ACT 5 OR OMISSION THAT IS IN VIOLATION OF THIS ACT OR THAT WILL 6 ADVERSELY AFFECT THE ABILITY OF THE COMPLAINING PARTY TO PROVIDE 7 SERVICE TO ITS CUSTOMERS AND THE COMPLAINING PARTY ALLEGES FACTS 8 THAT WARRANT EMERGENCY RELIEF, THE COMPLAINANT MAY INCLUDE IN THE 9 COMPLAINT A REQUEST FOR AN EMERGENCY RELIEF ORDER. A COMPLAINANT 10 IS NOT PROHIBITED FROM ALLEGING OR MAKING A SEPARATE COMPLAINT 11 FOR OTHER RELIEF ALLOWED UNDER THIS SECTION. THE COMMISSION 12 SHALL ISSUE AN ORDER GRANTING OR DENYING THE REQUEST FOR EMER- 13 GENCY RELIEF WITHIN 7 BUSINESS DAYS OF THE FILING OF THE 14 COMPLAINT. IF AN ORDER FOR EMERGENCY RELIEF IS GRANTED, IT SHALL 15 INCLUDE A FINDING AND THE BASIS FOR THE FINDING THAT EXIGENT CIR- 16 CUMSTANCES EXIST THAT WARRANT EMERGENCY RELIEF. AN ORDER FOR 17 EMERGENCY RELIEF MAY REQUIRE THE RESPONDING PARTY TO ACT OR 18 REFRAIN FROM ACTION SO AS TO PROTECT THE PROVISION OF COMPETITIVE 19 SERVICE OFFERINGS PURSUANT TO THE STANDARDS UNDER SECTION 208 TO 20 CUSTOMERS. IN ITS ORDER GRANTING OR DENYING THE REQUEST FOR 21 EMERGENCY RELIEF, THE COMMISSION MAY ORDER THE PAYMENT OF REASON- 22 ABLE ATTORNEY FEES AND COSTS TO THE PREVAILING PARTY. 23 (3) AN ORDER FOR TEMPORARY EMERGENCY RELIEF MAY BE GRANTED 24 UNDER SUBSECTION (2) WITHOUT AN EVIDENTIARY HEARING UPON A VERI- 25 FIED FACTUAL SHOWING OF ALL OF THE FOLLOWING: 26 (A) THAT THE PARTY HAS DEMONSTRATED EXIGENT CIRCUMSTANCES 27 THAT WARRANT EMERGENCY RELIEF. H06066'98 *** 3 1 (B) THAT THE PARTY SEEKING RELIEF WILL LIKELY SUCCEED ON THE 2 MERITS. 3 (C) THAT THE PARTY WILL SUFFER IRREPARABLE HARM IN ITS ABIL- 4 ITY TO SERVE CUSTOMERS IF EMERGENCY RELIEF IS NOT GRANTED. 5 (D) THAT THE ORDER IS NOT ADVERSE TO THE PUBLIC INTEREST. 6 (4) IF AN ORDER FOR TEMPORARY EMERGENCY RELIEF IS ISSUED 7 WITHOUT AN EVIDENTIARY HEARING UNDER SUBSECTION (3), THE COMMIS- 8 SION SHALL CONDUCT AN EVIDENTIARY HEARING TO REVIEW THE ORDER 9 WITHIN 10 DAYS OF THE DATE THE ORDER WAS ISSUED TO DETERMINE 10 WHETHER THE ORDER SHOULD BECOME A FINAL ORDER OR BE TERMINATED. 11 (5)(2)An application or complaint filed under this sec- 12 tion shall contain all information, testimony, exhibits, or other 13 documents and information on which the person intends to rely to 14 support the application or complaint. Applications or complaints 15 that do not meet the requirements of this subsection shall be 16 dismissed or suspended pending the receipt by the commission of 17 the required information. 18 (6)(3)The burden of proving a case filed under this act 19 shall be with the party filing the application or complaint. 20 (7)(4)In a contested case under this section, the com- 21 mission can administer oaths, certify all official acts, and 22 compel the attendance of witnesses and the production of papers, 23 books, accounts, documents, and testimony. 24 (8)(5)Except as otherwise provided in subsections (2), 25and (6)(4), (5), (9), AND (12), the commission shall issue a 26 final order in a case filed under this section within 90 days 27 from the date the application or complaint is filed. H06066'98 *** 4 1 (9)(6) IfEXCEPT AS PROVIDED IN SUBSECTION (2), IF a 2 hearing is required, the applicant or complainant shall publish a 3 notice of hearing as required by the commission within 7 days of 4 the date the application or complaint was filed or as required by 5 the commission. The first hearing shall be held within 10 days 6 after the date of the notice. If a hearing is held, the commis- 7 sion shall have 180 days from the date the application or com- 8 plaint was filed to issue its final order. If the principal par- 9 ties of record agree that the complexity of issues involved 10 requires additional time, the commission may have up to 210 days 11 from the date the application or complaint was filed to issue its 12 final order. 13 (10)(7)An order of the commission shall be subject to 14 review as provided by section 26 ofAct No. 300 of the Public15Acts of 1909, being section 462.26 of the Michigan Compiled Laws16 1909 PA 300, MCL 462.26. 17 (11)(8)If a complaint is filed under this section by a 18 provider against another provider, the provider of service shall 19 not discontinue service during the period of the contested case, 20 including the alternative dispute process, if the provider 21 receiving the service has posted a surety bond, provided an 22 irrevocable letter of credit, or provided other adequate security 23 in an amount and on a form as determined by the commission. 24 (12) IF THE COMPLAINT FILED UNDER THIS SECTION INVOLVES AN 25 INTERCONNECTION DISPUTE BETWEEN PROVIDERS, THE COMMISSION SHALL 26 REQUIRE THE PARTIES TO UTILIZE THE ALTERNATIVE DISPUTE PROCESS 27 UNDER SECTION 203A. H06066'98 *** 5 1 Sec. 305. (1) A provider of basic local exchange service 2 shall not do any of the following: 3 (a) Discriminate against another provider by refusing or 4 delaying access service to the local exchange. 5 (b) Refuse or delay interconnections or provide inferior 6 connections to another provider. 7 (c) Degrade the quality of access service provided to 8 another provider. 9 (d) Impair the speed, quality, or efficiency of lines used 10 by another provider. 11 (e) Develop new services to take advantage of planned but 12 not publicly known changes in the underlying network. 13 (f) Refuse or delay a request of another provider for infor- 14 mation regarding the technical design, equipment capabilities and 15 features, geographic coverage, and traffic patterns of the local 16 exchange network. 17 (g) Refuse or delay access service or be unreasonable in 18 connecting another provider to the local exchange whose product 19 or service requires novel or specialized access service 20 requirements. 21 (h) Upon a request, fail to fully disclose in a timely 22 manner all available information necessary for the design of 23 equipment that will meet the specifications of the local exchange 24 network. 25 (i) Discriminate against any provider or any party who 26 requests the information for commercial purposes in the 27 dissemination of customer proprietary information. A provider H06066'98 *** 6 1 shall provide without unreasonable discrimination or delay 2 telephone directory listing information and related services to 3 persons purchasing telephone directory listing information to the 4 same extent and in the same quality as provided to the provider, 5 affiliates of the provider, or any other listing information 6 purchaser. 7 (j) Refuse or delay access service by any person to another 8 provider. 9 (k) Sell, lease, or otherwise transfer an asset to an affil- 10 iate for an amount less than the fair market value of the asset. 11 (l) Buy, lease, or otherwise acquire an asset from an affil- 12 iate of the provider for an amount greater than the fair market 13 value of the asset. 14 (m) Bundle unwanted services or products for sale or lease 15 to another provider. 16 (n) Perform any act that has been prohibited by this act or 17 an order of the commission. 18 (o) Sell services or products, extend credit, or offer other 19 terms and conditions on more favorable terms to an affiliate of 20 the provider than the provider offers to other providers. 21 (p) Discriminate in favor of an affiliated burglar and fire 22 alarm service over a similar service offered by another 23 provider. 24 (Q) VIOLATE THE TERMS OF AN INTERCONNECTION AGREEMENT 25 ENTERED INTO UNDER SECTIONS 351 TO 363 OR UNDER FEDERAL LAW. 26 (R) FAIL TO COMPLY WITH AN EMERGENCY RELIEF ORDER ISSUED 27 UNDER SECTION 203. H06066'98 *** 7 1 (2) A provider of cellular telecommunication services shall 2 not do either of the following: 3 (a) Unreasonably provide services, extend credit, or offer 4 other terms and conditions on more favorable terms to an affili- 5 ate of the provider or to its retail department that sells to end 6 users than the provider offers to other providers. 7 (b) Unreasonably use rates or proceeds from providers, 8 directly or indirectly, to subsidize or offset the costs of cel- 9 lular service offered by the provider, or an affiliate of the 10 provider, to other providers or to end-users. 11 (3) Until a provider has complied with section 304a, the 12 provider of a rate regulated service shall not provide that serv- 13 ice in combination with an unregulated service in section 401 or 14 an unbundled or resold service under section 357 at a price that 15 does not exceed the total service long run incremental cost of 16 each service. H06066'98 *** Final page. SAT