SENATE BILL NO. 6


   January 13, 1999, Introduced by Senator ROGERS and referred to 
        the Committee on Technology and Energy.



        A bill to amend 1991 PA 179, entitled

   "Michigan telecommunications act,"

   (MCL 484.2101 to 484.2604) by adding section 507.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 507.  (1) ALL BILLINGS BY A TELECOMMUNICATIONS PROVIDER

 2    SHALL BE WRITTEN IN A CLEAR AND CONSPICUOUS MANNER AND PROVIDE

 3    THE NECESSARY INFORMATION TO ALLOW AN END-USER TO MAKE INFORMED

 4    DECISIONS REGARDING SERVICES AND SERVICE PROVIDERS.

 5         (2) ALL BILLINGS SHALL BE CLEARLY ORGANIZED AND SHALL

 6    INCLUDE, BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:

 7         (A) IDENTIFICATION OF ANY NEW CHARGES OR CHANGES TO THE

 8    END-USER'S SERVICES FROM THE PREVIOUS BILLING PERIOD.

 9         (B) COMPLETE DESCRIPTIONS OF ALL CHARGES AND THE SERVICE

10    PROVIDER RESPONSIBLE FOR EACH CHARGE, INCLUDING THE PROVIDER'S

11    ADDRESS AND TOLL-FREE TELEPHONE NUMBER.


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 1         (C) INFORMATION REGARDING HOW THE END-USER MAY DISPUTE A

 2    CHARGE AND HOW TO FILE A COMPLAINT WITH THE COMMISSION UNDER THIS

 3    ACT.

 4         (3) UPON THE RECEIPT OF A COMPLAINT FILED BY A PERSON ALLEG-

 5    ING A VIOLATION OF THIS SECTION OR UPON THE COMMISSION'S OWN

 6    MOTION, THE COMMISSION MAY CONDUCT A CONTESTED CASE AS PROVIDED

 7    UNDER SECTION 203.

 8         (4) IF THE COMMISSION FINDS THAT A PERSON HAS VIOLATED THIS

 9    SECTION, THE COMMISSION SHALL ORDER REMEDIES AND PENALTIES AS

10    PROVIDED BY THIS ACT.

11         (5) IF THE COMMISSION FINDS THAT A PARTY'S COMPLAINT OR

12    DEFENSE FILED UNDER THIS SECTION IS FRIVOLOUS, THE COMMISSION

13    SHALL AWARD TO THE PREVAILING PARTY COSTS, INCLUDING REASONABLE

14    ATTORNEY FEES, AGAINST THE NONPREVAILING PARTY AND THEIR

15    ATTORNEY.

16         (6) THE COMMISSION SHALL REVIEW AND MAKE RECOMMENDATIONS

17    REGARDING PROCEDURES THAT TELECOMMUNICATIONS PROVIDERS MAY ADOPT

18    TO ENSURE THAT SERVICES ARE NOT ADDED TO AN END-USER'S SERVICE

19    PACKAGE WITHOUT THE END-USER'S AUTHORIZATION.

20         (7) AS USED IN THIS SECTION:

21         (A) "END USER" MEANS THE RETAIL SUBSCRIBER OF A TELECOMMUNI-

22    CATIONS SERVICE.

23         (B) "TELECOMMUNICATIONS PROVIDER" OR "PROVIDER" MEANS A

24    PERSON THAT PROVIDES 1 OR MORE TELECOMMUNICATIONS SERVICES FOR

25    COMPENSATION.







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