SENATE BILL No. 1342

September 19, 2000, Introduced by Senators ROGERS, HAMMERSTROM, SCHWARZ,

STILLE, SIKKEMA, MC MANUS, GOUGEON, VAN REGENMORTER, STEIL,

NORTH, SCHUETTE, JAYE and GOSCHKA and referred to the Committee on Technology and Energy.

A bill to amend 1991 PA 179, entitled

"Michigan telecommunications act,"

(MCL 484.2101 to 484.2701) by adding section 309c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 SEC. 309C. (1) A PROVIDER OF BASIC LOCAL EXCHANGE SERVICE

2 SHALL FILE WITH THE COMMISSION BY THE FIFTH DAY OF EACH MONTH A

3 REPORT ON THE AVERAGE RESPONSE TIME TO A SERVICE OUTAGE REQUEST

4 FROM A RESIDENTIAL CUSTOMER FOR THE PRECEDING MONTH.

5 (2) THE RESPONSE TIME BY A PROVIDER SHALL NOT EXCEED 36

6 HOURS FOR ANY GIVEN MONTH.

7 (3) IN ADDITION TO ANY OTHER PENALTIES ALLOWED UNDER THIS

8 SECTION OR ACT, A PROVIDER THAT VIOLATES THIS SECTION MAY BE

9 FINED $1,000,000.00 BY THE COMMISSION.

10 (4) IF A CUSTOMER'S SERVICE IS REPORTED OR OTHERWISE FOUND

11 TO BE OUT OF SERVICE AND THE OUTAGE REMAINS FOR MORE THAN 24

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1 HOURS, THE PROVIDER SHALL MAKE THE FOLLOWING ADJUSTMENT TO THE

2 CUSTOMER'S NEXT BILLING PERIOD:

3 (A) IF THE OUTAGE WAS LESS THAN 72 HOURS, THE CUSTOMER SHALL

4 RECEIVE A CREDIT EQUAL TO THE PRORATED AMOUNT OF THE CUSTOMER'S

5 MONTHLY SERVICE RATE FOR THE TIME OF SERVICE OUTAGE.

6 (B) IF THE OUTAGE WAS 72 HOURS OR MORE, THE CUSTOMER SHALL

7 RECEIVE A CREDIT EQUAL TO THE PRORATED AMOUNT ALLOWED UNDER SUB-

8 DIVISION (A) AND A CREDIT EQUAL TO 3 TIMES THE PRORATED AMOUNT OF

9 THE CUSTOMER'S MONTHLY SERVICE RATE FOR ANY TIME GREATER THAN 72

10 HOURS.

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