HB-5237, As Passed House, October 20, 2005
SUBSTITUTE FOR
HOUSE BILL NO. 5237
(As amended October 20, 2005)
[A bill to amend 1991 PA 179, entitled
"Michigan telecommunications act,"
by amending sections 101, 102, 103, 201, 202, 203, 203a, 204, 205,
210, 213, 214, 301, 302, 303, 304, 305, 306, 307, 309, 309a, 310,
312, 314a, 315, 316, 316a, 317, 321, 352, 353, 355, 357, 358, 359, 401,
502, 505, and 604 (MCL 484.2101, 484.2102, 484.2103, 484.2201,
484.2202, 484.2203, 484.2203a, 484.2204, 484.2205, 484.2210,
484.2213, 484.2214, 484.2301, 484.2302, 484.2303, 484.2304,
484.2305, 484.2306, 484.2307, 484.2309, 484.2309a, 484.2310,
484.2312, 484.2314a, 484.2315, 484.2316, 484.2316a, 484.2317, 484.2321,
484.2352, 484.2353, 484.2355, 484.2357, 484.2358, 484.2359,
484.2401, 484.2502, 484.2505, and 484.2604), sections 101, 103,
201, 203, 203a, 302, 303, 304, 310, 312, 502, and 604 as amended
House Bill No. 5237 (H-3) as amended October 20, 2005
and sections 214 and 316a as added by 2000 PA 295, section 102 as
amended by 1998 PA 41, sections 202, 205, 210, 301, 305, 306, 307,
309a, and 401 as amended and sections 317, 321, 352, 353, 355, 357,
358, and 359 as added by 1995 PA 216, section 213 as amended by
2004 PA 591, section 314a as added by 2003 PA 206, section 316 as amended
by 1999 PA 31, and section 505 as added by 1998 PA 260, and by adding
sections 211a, 252, 301a, 305a, 305b, 310a, and 353a; and to repeal acts
and parts of acts.]
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 101. (1) This act shall be known and may be cited as the
"Michigan telecommunications act".
(2) The purpose of this act is to do all of the following:
(a) Ensure that every person has access to just, reasonable,
and affordable basic residential telecommunication service.
(b) Allow and encourage competition to determine the
availability, prices, terms, and other conditions of providing
telecommunication services.
(c) Restructure regulation to focus on price and quality of
service and not on the provider. Supplement existing state and
federal law regarding antitrust, consumer protection, and fair
trade to provide additional safeguards for competition and
consumers.
(d) Encourage the introduction of new services, the entry of
new providers, the development of new technologies, and increase
investment in the telecommunication infrastructure in this state
through incentives to providers to offer the most efficient
services and products.
(e) Improve the opportunities for economic development and the
delivery of essential services including education and health care.
(f) Streamline the process for setting and adjusting the rates
for regulated services that will ensure effective rate review and
reduce the costs and length of hearings associated with rate cases.
(g) Encourage the use of existing educational
telecommunication networks and networks established by other
commercial providers as building blocks for a cooperative and
efficient statewide educational telecommunication system.
(h) Ensure effective and timely review and disposition of
disputes between telecommunication providers.
(i) Authorize actions to encourage the development of a
competitive telecommunication industry.
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) "Broadband service" means a retail service capable of
transmitting data over an access line at a rate greater than 200
kilobits per second.
(d) (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.
(e) (d)
"Commission" means the Michigan
public service
commission.
(f) (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.
(g) (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
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.
(h) "End user" means the retail subscriber of a
telecommunication service.
(i) (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.
(j) (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.
(k) (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.
(l) (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) "Primary basic local exchange service" means the provision
of 1 primary access line to a residential customer for voice
communication and shall include all of the following:
(i) Not fewer than 100 outgoing calls per month.
(ii) Not less than 12,000 outgoing minutes per month.
(iii) Unlimited incoming calls.
(z) "Public safety system" means a communication system
operated by a public entity to provide emergency police, fire,
medical, and other first responder services. Public safety system
includes the Michigan state police communication system.
(aa) (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.
(bb) (z)
"Residential customer" means a person to
whom
telecommunication services are furnished predominantly for personal
or domestic purposes at the person's dwelling.
(cc) (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.
(dd) (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.
(ee) "Telecommunication act of 1996" means Public Law 104-104,
110 Stat. 56.
(ff) (cc)
"Telecommunication provider" or
"provider" means a
person or
an affiliate of the person each of which that for
compensation provides 1 or more telecommunication services.
Telecommunication provider does not include a provider of
commercial mobile service as defined in section 332(d)(1) of the
communications act of 1934, 47 USC 332.
(gg) (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.
(hh) (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.
(ii) (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.
(jj) (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) A provider shall submit to the commission all information
requested by the commission necessary for the preparation of the
annual report under this section.
Sec. 201. (1) Except as otherwise provided by this act or
federal law, the Michigan public service commission shall have the
jurisdiction and authority to administer this act and all federal
telecommunications laws, rules, orders, and regulations that are
delegated to the state.
(2) The commission shall exercise its jurisdiction and
authority consistent with this act and all federal
telecommunications laws, rules, orders, and regulations.
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 of the provider's rates,
services, and conditions of service, including access service
provided by contract.
(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
interconnection services to providers which are used in the
provision of basic local exchange service.
(iii) The timely and complete 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, including the
transfer of customers to other providers and the reclaiming of
unused telephone numbers.
(d) Preserve the provision of high quality basic local
exchange service.
(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.
(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
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.
(2) Rules promulgated under subsection (1)(c) shall include
remedies for the enforcement of the rules that are consistent with
this act and 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 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, except an order regarding rates
or cost studies. A motion for stay, including a request for setting
the amount of any appeal bond, are 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 upon the
consent of all parties after
the
complaint is filed, 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 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. 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, service
or a matter prohibited by section 305, then either
telecommunication provider may file with the commission an
application for resolution of the matter.
Sec. 205. (1) The commission may investigate and resolve
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
rates, quality, general availability, or conditions for the
a
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. 211a. A provider of any telecommunication service
utilizing a new or emerging technology shall register with the
commission. The registration shall include all of the following
information:
(a) The name of the provider.
(b) A description of the services provided.
(c) The address and telephone number of the provider's
principal office.
(d) The address and telephone number of the provider's
registered agent authorized to receive service in this state.
(e) Any other information the commission considers necessary.
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 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.
(3) (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) Not later than April 1, 2006, 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
House Bill No. 5237 (H-3) as amended October 20, 2005
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 commission 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. 252. (1) A public entity may provide telecommunication
services within its incorporated boundaries if the public entity
has complied with the requirements of section 14 of the
metropolitan extension telecommunications right-of-way oversight
act, 2002 PA 48, MCL 484.3114, and all of the following apply:
(a) The public entity has issued a request for competitive
sealed bids to provide telecommunication services.
(b) The public entity has received less than [3] qualified bids
from private providers or no provider has offered services as
required under subsection (2).
(c) It is more than 60 days from the date the request for bids
was issued.
(d) The public entity is providing the telecommunication
services under the same terms and conditions as required under the
House Bill No. 5237 (H-3) as amended October 20, 2005
request for bids issued pursuant to subdivision (a).
[
(2)] Except as provided under subsection (4), a public entity
shall not provide telecommunication services outside its
incorporated boundaries.
[(3)] Two or more public entities may jointly request bids under
subsection (1) and provide telecommunication services if all
participating public entities meet the requirements of this
section. If a public entity does not receive a qualified bid as
required under subsection (1), the public entity may contract with
another public entity to receive telecommunication services.
[(4)] A public entity shall not establish a board or other
entity for the purpose of providing regulation of a private
provider of services under this section.
[(5)] This section does not apply to all of the following:
(a) Public safety systems.
(b) Systems used only for the internal use of the public
entity or for the sharing of information between the public entity
and another public entity.
[(C) A PUBLIC ENTITY THAT IS CURRENTLY PROVIDING TELECOMMUNICATION
SERVICES OR THAT HAS HELD A PUBLIC HEARING BY NOVEMBER 1, 2005 ON A
PROPOSAL TO PROVIDE TELECOMMUNICATION SERVICES, OR HAS ISSUED A REQUEST
FOR BIDS BY NOVEMBER 1, 2005 TO PROVIDE TELECOMMUNICATION SERVICES, OR HAS AN ENFORCEABLE CONTRACT TO BEGIN CONSTRUCTION OF A TELECOMMUNICATION SYSTEM BY NOVEMBER 1, 2005.
(D) A PUBLIC ENTITY THAT IS CURRENTLY PROVIDING SERVICE IN ANOTHER PUBLIC ENTITy'S BOUNDARIES.
House Bill No. 5237 (H-3) as amended October 20, 2005
(e)] Services offered by a public entity to the public within a
facility owned and operated by the public entity.
[(F) SYSTEMS OR SERVICES USED OR OFFERED BY 1 or more PUBLIC ENTITies OR CONSORTIUMs TO ADVANCE OR PROMOTE THE PUBLIC HEALTH, SAFETY, AND PROVISION OF E-GOVERNMENT SERVICES.
(6)] As used in this section, "public entity" means a county,
city, village, township, or any agency or subdivision of the public
entity.
Sec. 301. (1) A telecommunication provider shall not provide
or resell basic local exchange service in this state, without a
license
issued from the commission pursuant to under this act.
(2) Pending the determination of an application for a license,
the commission without notice and hearing may issue a temporary
license for a period not to exceed 1 year.
Sec. 301a. A provider licensed under this act shall offer
primary basic local exchange service to each residential customer
within the provider's service area where the provider is offering
residential basic local exchange service.
Sec. 302. (1) After notice and hearing, the commission shall
approve an application for a license if the commission finds both
of the following:
(a) The applicant possesses sufficient technical, financial,
and managerial resources and abilities to provide basic local
exchange
service to all residential and commercial customers
within the geographic area of the license and that the applicant
intends to provide service within 1 year from the date the license
is granted.
(b) The granting of a license to the applicant would not be
contrary to the public interest.
(2) The commission shall retain a copy of all granted licenses
and make all information contained in the licenses available to the
public.
(3) Each provider granted a license shall retain a copy of the
license at its principal place of business and make the license
available for review to the public.
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 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.
(1) (3)
The sale or transfer of shares of stock of a
provider of primary basic local exchange service is not a sale or
transfer of a license or a discontinuance of service.
(2) (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.
(3) A license issued under this act is not transferable to an
unlicensed provider.
(4) In case of the bankruptcy of a licensed provider, the
commission shall establish the procedures for the transfer of the
license to another qualified provider.
Sec.
304. (1) Except as provided in section 304a, the The
rates for primary basic local exchange service shall be just and
reasonable. Each provider shall set the initial rates for primary
basic local exchange service to be effective no later than April 1,
2006. Except as provided under section 310a or a higher rate
approved by the commission under subsection (2)(d), the initial
rates may not exceed the rates for the lowest cost calling plan
that includes a limited number of outgoing calls of the provider in
place before the rates are set under this subsection. If a provider
does not offer a calling plan with a limited number of outgoing
calls, the provider shall set the initial rate for primary basic
local exchange service which shall be just and reasonable and may
be subject to commission review.
(2) A provider may alter its rates for primary basic local
exchange services by 1 or more of the following:
(a)
Filing with the commission notice of a
decrease,
discount,
or other rate reduction in a primary 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 a
primary basic local exchange rate to a level not to exceed the rate
established under subsection (1) or subdivisions (c) and (d). A
rate alteration under this subdivision is effective without
commission review or approval.
(c) (b)
Filing with the commission notice of an increase in
a 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 90days from the
date of the notice required under subsection (3). As used in this
subdivision, "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) (c)
Filing with the commission an application to
increase a primary basic local exchange rate in an amount greater
than
that allowed under subdivision (b) subsection (1) or
subdivision (c). 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) and section 304a
(2)(c) or (d) and shall be included in or on the bill of each
affected customer of the provider at least 1 billing cycle 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 primary basic local exchange rate shall take effect 90
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)(d), the commission may require a
filing under section 203 to review a proposed rate alteration under
subsection (2)(c)
(2)(d). The commission's final order may
approve, modify, or reject the rate alteration.
(7) In reviewing a rate alteration under subsection (6), 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 basic local
exchange services.
(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
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.
(8)
A provider shall be allowed only 1 rate increase for each
class
or type of regulated service during any 12-month period.
(9)
A provider shall not make a rate alteration under this
section
until the rate has been restructured under section 304a.
(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.
(9) (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. Effective December 31, 2007, 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.
(10) A provider not in compliance with subsection (9), or not
already the subject of a commission order on adjacent local
calling, shall submit to the commission an adjacent local calling
plan to implement subsection (9) no later than October 1, 2006. In
reviewing the plan, the commission shall give consideration to the
revenues lost and additional cost incurred by the provider in
implementing the plan and shall approve or modify the plan or find
that the plan is not required because a cost benefit analysis
demonstrates that the plan is not in the best interest of the
customers.
(11) An alteration by a provider to the rate of a package,
combination, or bundle of telecommunication or other services which
includes primary basic local exchange service is not subject to
this section as long as the primary basic local exchange service
component of the package, combination, or bundle is available for
purchase on a stand-alone basis.
(12) A provider shall offer its unregulated calling features
on a stand-alone basis to its primary basic local exchange service
customers. The purchase of a calling feature under this subsection
shall not affect the regulated rate of the primary basic local
exchange service.
(13) 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 a
congressionally chartered veterans organization or their duly
authorized foundations, is exempt from the 100 calls per month
limitation and shall receive a flat rate allowing unlimited calls
per month. A person exempt from the call cap under this subsection
shall not be charged a rate greater than the flat rate charged
residential customers for primary basic local exchange service.
(14) Except as provided in subsection (15), for the purposes
of this section and the act, providers who, together with any
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.
(15) 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.
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.
(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
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.
(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. (1) Except as otherwise provided by federal law,
where technically feasible, a provider originating or forwarding an
intrastate call that is terminated on the network of another
provider shall do all of the following:
(a) For originated calls, transmit the telephone number of the
party originating the call. The telephone number shall be
transmitted without alteration in the network signaling
information.
(b) For forwarded calls, transmit the telephone number of the
party originating the call to the extent such information has been
provided by the originating carrier. The telephone number shall be
transmitted without alteration in the network signaling
information.
(2) The commission may investigate complaints alleging
violations of this section and may initiate proceedings under
section 203 to resolve disputes between providers regarding
identification of traffic and disputes regarding compensation
rights and obligations between providers who originate, forward, or
terminate intrastate traffic.
(3) If the commission determines that the telephone number has
not been transmitted as required by this section, the provider
against whom the complaint was filed shall demonstrate that it was
not technically feasible to transmit the information, or that it
had a legitimate business or other good faith reason for not
transmitting the telephone number.
(4) If the commission determines that a provider violated this
section, the commission shall determine if the violation resulted
in a nonpayment or underpayment of compensation to the complaining
provider under the terms of the parties' compensation agreement or
its intrastate access tariff. The commission shall determine the
amount of the nonpayment or underpayment and order the violating
provider to make payment. The commission may assess a fine against
the violating provider in an amount equal to 2 times the payment
amount, or may take any other action authorized by Michigan law
that it considers necessary.
(5) A provider that originates an intrastate call subject to
section 251(b)(5) of the telecommunications act of 1996, 47 USC
251, shall agree to establish a reciprocal compensation arrangement
for the termination of those calls. Originating and terminating
providers shall agree to begin negotiations no more than 30 days
after the originating provider receives a request from a
terminating provider to establish an arrangement. During the
negotiation period, reciprocal compensation rates shall be assessed
by the terminating carrier under an interim arrangement with the
originating carrier. Originating and terminating providers shall
use good faith efforts to conclude negotiations and finalize an
agreement within a reasonable time period.
(6) A provider that originates an intrastate intra-LATA call
subject to a terminating carrier's intrastate access tariffs shall
pay the tariffed rate for termination of the call.
(7) The commission may resolve disputes under this section
between originating and terminating providers related to
negotiation of the reciprocal compensation agreement and the
payment of the tariffed rates.
Sec. 305b. A provider of any telecommunication service shall
do all of the following:
(a) Prior to the customer purchasing the service or upon
request, provide each customer a clear and simple explanation of
the terms and conditions of the services purchased by the customer
including, but not limited to, a statement of all fees, charges,
and taxes that will be included in the customer's monthly bill.
(b) The statement required under subdivision (a) and all
advertisements regarding a service shall include a good faith
estimate by the provider of the actual monthly cost that the
customer will be required to pay if the service is purchased.
(c) Comply with all federal and state requirements regarding
truth in billing, E 9-1-1 services, and primary basic local
exchange service.
(d) If E 9-1-1 service is not available to the customer,
ensure that the customer has an alternative means to reach
emergency service responders.
(e) Comply with sections 505 and 507.
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. 307. (1) Educational institutions shall have the
authority to own, construct, and operate a telecommunication system
or to purchase telecommunication services or facilities from an
entity capable of providing the service or facility.
(2) Educational institutions that provide telecommunication
services offered in subsection (3) shall not be subject to
regulation under this act or by any other governmental unit.
(3) Except
as provided in subsection (6), educational
Educational institutions may only sell telecommunication services
required for, or useful in, the instruction and training, including
worker training, of students and other people utilizing the
institution's educational services, the conducting of research, or
the operation of the institution. The services shall not be
considered basic local exchange services as long as they are used
for the instruction and training of students and other people
utilizing the institution's education services, the conducting of
research, or the operation of the institution. Educational
institutions may initiate and maintain cooperative arrangements
with telecommunication providers without the institutions being
subject to this act.
(4) Upon the request of an educational institution,
telecommunication providers may provide to an educational
institution services for the transmission of interactive data,
voice and video communications between the institution's facilities
or to the homes of students or employees of the institution,
regardless of whether the exchanges are in the same or different
LATAs.
(5) The rates for services provided to an educational
institution by a provider under this section shall be determined by
an open bid process.
(6) Except for a state institution of higher education, if an
educational institution has excess capacity, it may sell the excess
capacity
subject to subsection (3) and to both all
of the
following:
(a) The amount of capacity sold shall not exceed 25% of the
institution's total capacity.
(b) The capacity shall not be sold below the total service
long run incremental cost of the provider of basic local exchange
service in the service area of the educational institution. If
there is more than 1 provider in the service area, the educational
institution shall use the lowest total service long run incremental
cost.
(c) The educational institution has held not less than 1
public hearing on the proposed plan to sell the excess capacity.
The educational institution shall give notice of the time and place
of the public hearing not less than 15 days before the hearing by 1
publication in a newspaper of general circulation in the geographic
area in which the excess capacity is to be sold. Notice shall also
be provided on the educational institution's website.
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
House Bill No. 5237 (H-3) as amended October 20, 2005
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 section,
the
commission shall not review or set the rates for toll access
services.
(2) Except
as otherwise provided under subsection (7), a A
provider of toll access services shall set the rates for toll
access services. Access service rates and charges set by a provider
that do not 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
customers by an equal amount. The commission shall investigate and
ensure that the provider has complied with this subsection.
(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. 310a. (1) After January 1, 2007, all providers of
telecommunication services in this state shall not charge, assess,
or impose on end-users an intrastate subscriber line charge or end-
user line charge.
(2) If a provider is charging, assessing, or imposing an
intrastate subscriber line charge or end-user line charge on July
1, 2005, the provider may no later than January 1, 2007 file with
the commission under section 304(2)(d) notice of an increase in the
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. An increase under this subsection is considered
just and reasonable under section 304(2)(d)(i).
Sec.
312. (1) Except as provided by this act, the The
commission shall not review or set the rates for toll service.
(2)
A provider of toll service may charge the same rate for
the
service on its routes of similar distance.
(2) (3)
The commission shall require that toll service is
universally available to all persons within the state.
(3) (4)
Upon commission review and approval, all providers
of toll service shall make available to their customers adjacent
exchange toll calling plans. All providers of toll service shall
inform their customers of the available plans that provide a
monthly allowance of toll calling to adjacent exchanges for which
there is no local calling. All providers of toll service shall
inform their customers of the available plans. The plans required
under this subsection shall remain in effect under this act until
altered
by order of the commission. A provider of toll service
shall
implement an optional discount plan for calling to exchanges
within
20 miles of a customer's home exchange. The plan shall not
violate
the conditions delineated in the commission's order in case
number
U-9153, dated September 26, 1989.
(5)
Except as otherwise approved by the commission, a provider
shall
not charge a mandatory minimum monthly or mandatory flat-rate
charge
for toll calls except in connection with an optional
discount
toll calling plan.
Sec. 314a. (1) Except as otherwise provided by this section, a
telecommunication provider shall not discontinue basic local
exchange telecommunication service to the residence of a qualifying
customer who has made a filing under this section. A customer
making a filing under this section shall retain the telephone
number assigned to the customer on the date of the filing.
(2) A qualifying customer may apply for shut-off protection
for telecommunication service under this section by notifying the
provider that the qualifying customer is in need of assistance
caused by a reduction in household income through a call to active
duty status in the military.
(3) A provider of service may request verification of the call
to active duty status from the qualifying customer. A provider of
service may also request verification of the qualified customer's
reduction in household income.
(4) A provider of service may require restrictions or
elimination of calling features or toll service as a condition of
granting a qualifying customer's request for shut-off protection
under this section.
(5) A qualifying customer may receive shut-off protection from
the provider of service under this section for up to 90 days. Upon
application to the provider, the provider may grant the qualifying
customer 1 or more extensions.
(6) A qualifying customer receiving assistance under this
section shall notify the provider of the end of the call to active
duty status as soon as that status is known.
(7) Unless waived by the provider, the shut-off protection
provided under this section does not void or limit the obligation
of the qualifying customer to pay for telecommunication services
received during the time of assistance.
(8) Within 48 hours of receiving all information requested of
the qualifying customer, a provider shall do all of the following:
(a) Create a repayment plan requiring minimum monthly payments
that allows the qualifying customer to pay any past due amounts
over a reasonable time period not to exceed 1 year.
(b) Provide a qualifying customer with information regarding
any governmental, provider, or other assistance programs.
(9) This section does not affect or amend any commission rules
or orders pertaining to billing standards. If the terms and
conditions arranged by the provider with the qualifying customer
under subsection (8) are not followed by the customer, then the
provider shall follow procedures as set forth in the commission's
billing standards for basic residential telecommunication service.
(10) As used in this section, "qualifying customer" means all
of the following:
(a) A residential household where the income is reduced
because the customer of record, or the spouse of the customer of
record, is called to active military service by the president of
the United States or the governor of this state during a time of
declared national or state emergency or war.
(b) Assistance is needed by the residential household to
maintain telecommunication service.
(c) The residential household notifies the provider of the
need for assistance and provides verification of the call to active
duty status.
(d) Services for the deaf, hard of hearing, and speech
impaired.
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.
House Bill No. 5237 (H-3) as amended October 20, 2005 (1 of 2)
(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.
(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. 316. (1) The commission shall require each provider of residential basic local exchange service to offer certain low income customers the availability of basic local exchange service and access service at reduced rates as described in subsections (2) and (3).
(2) Except as provided under subsections (3) and (4), the rate reductions for low income customers shall be at a minimum, 20% of the basic local exchange rate or $8.25, which shall be inclusive of any federal contribution, whichever is greater.
(3) If the
low income customer is 65 years of age or more, the rate reduction shall be at
a minimum, 25% of the basic local exchange rate or $8.25 $12.35,
which shall be inclusive of any federal contribution, whichever is greater.
(4) The total reduction under subsection (2) or (3) shall not exceed 100% of all end-user common line charges and the basic local exchange rate. THE DOLLAR AMOUNTS IN SUBSECtIONS (2) AND (3) SHALL BE ADJUSTED ANNUALLY TO REFLECT ANY INCREASES OR DECREASES IN THE FEDERAL CONTRIBUTION.
(5) To qualify for the reduced rate under this section, the person's annual income shall not exceed 150% of the federal poverty
House Bill No. 5237 (H-3) as amended October 20, 2005 (2 of 2)
income standards as determined by the United States office of management and budget and as approved by the state treasurer, OR THE PERSON MUST PARTICIPATE IN 1 OF THE FOLLOWING FEDERAL ASSISTANCE PROGRAMS: (A) MEDICAID.
(B) FOOD STAMPS.
(C) SUPPLEMENTAL SECURITY INCOME.
(D) FEDERAL PUBLIC HOUSING ASSISTANCE.
(E) LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.
(F) NATIONAL SCHOOL LUNCH PROGRAM'S FREE LUNCH PROGRAM.
(G) TEMPORARY ASSISTANCE FOR NEEDY FAMILIES.
(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.
(7) The commission shall take necessary action to notify the general public of the availability of lifeline services including, but not limited to, public service announcements, newspaper notices, and such other notice reasonably calculated to reach those who may benefit from the services.]
Sec. 316a. (1) As used in this section:
(a) "Affordable rates" means, at a minimum, rates in effect on
January
1, 2001 2006
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.
(7) (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
the commission and the payment of a renewal fee of $100.00.
(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.
(5) At no charge, an operator service provider shall
immediately connect a person making an emergency call to an
emergency responder service.
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.
352. (1) Until January 1, 1997, the The rates
of a
provider of basic local exchange service for interconnection under
this article shall be at the provider's total service long run
incremental cost of providing the service. After
January 1, 1997,
the rate for interconnection shall be just and
reasonable as
determined by the commission.
(2) The rates for network elements and combinations of network
elements, unbundled loops, number portability, and the termination
of local traffic shall be the rates established under
by the
commission.
case U-10647 and shall remain in
effect until new
total service long run incremental cost studies for
such services
have been approved by the commission.
(3) The rate of a network element shall not exceed either of
the following:
(a) The tariffed or contract rate a retail customer or
affiliate is or would be charged for the element, service, or its
functional equivalent.
(b) The rate and other appropriate charges, or portions of
charges, if any, to be determined by the commission, of a retail
service which includes the same network element less the total
service long run incremental costs of all other components that
together form the same retail service.
(4) If the network element imputation test in subsection (3)
is not met, the unbundled network element rate shall be reduced
until the network element rate meets that standard.
(5) Existing network element rates may be revised or new
network element rates established by the commission after notice
and hearing. To initiate a proceeding under this subsection, a
party shall file with the commission a petition to establish or
alter network element rates. The petition shall clearly state the
proposed rate or rates and include reasonable documentary support
for the proposed rate or rates. If the petitioner seeks an increase
to a previously commission ordered rate, the petitioner shall
demonstrate that the proposed revision results from an increase in
underlying cost and the increase in underlying cost has been
reflected in retail rates.
Sec. 353. The commission shall issue a report and make
recommendations to the legislature and the governor on or before
January
1, 1998 2007
involving the issues, scope, terms, and
conditions of interconnection of telecommunication providers with
the basic local exchange service.
Sec. 353a. (1) When negotiating a successor interconnection
agreement, unless the parties agree otherwise, the parties shall
use an interconnection agreement which has been approved by the
commission in the 3-year period immediately preceding the
commencement of negotiations as the baseline document. A party
requesting the adoption of language different than that found in
the baseline document in an arbitration proceeding bears the burden
of persuasion that the requested change is lawful and appropriate.
(2) If a party negotiating an interconnection agreement takes
a position that the opposing party believes is contrary to a prior
ruling of the commission in an arbitration proceeding, the opposing
party shall file a motion with the commission for a determination
under this section. The motion shall be filed no later than 90 days
from the commencement of negotiations. The commission shall rule
upon the motion within 21 days of the date the motion is filed, and
the commission shall determine the extent to which the issue may be
relitigated.
Sec.
355. (1) On or before January 1, 1996, a A provider
of
basic local exchange service shall unbundle and separately price
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. 357. (1) A provider of local exchange service shall make
available for resale on nondiscriminatory terms and conditions all
basic local exchange services that on January 1, 1996 it is
offering to its retail customers. Resale shall be provided on a
wholesale basis.
(2) Except for restrictions on resale, a provider of local
exchange service may include in its wholesale tariffs any use or
class of customer restrictions it includes in its retail tariffs.
(3) A provider of local exchange service is not required to
offer for resale either of the following:
(a) A package of services where basic local exchange service
is jointly marketed or combined with other services, or for any
promotional or discounted offering of basic local exchange service.
(b) Services for which the provider does not have existing
facilities in place to serve the intended end user, or any service
offered for the first time subsequent to March 1, 1996.
(4) No
later than January 1, 1996, each Each
provider of
local exchange service shall file tariffs with the commission which
set forth the wholesale rates, terms, and conditions for basic
local exchange services. The wholesale rates shall be set at levels
no greater than the provider's current retail rates less the
provider's avoided costs.
(5) After
January 1, 2000, wholesale Wholesale
rates shall
not be less than the provider's total service long run incremental
cost of the services.
(6) This section does not apply after December 31, 2007.
Sec. 358. (1) As used in this section, "number portability"
means the capability for a local exchange customer at a particular
location to change providers of basic local exchange service
without any change in the local exchange customer's telephone
number, while preserving the full range of functionality that the
customer could obtain by changing telephone numbers.
(2) No
later than January 1, 1999, a A
provider of basic
local exchange service shall provide number portability. The
commission shall, consistent with federal law, enforce number
portability, number administration, number reclamation, and number
assignment between regulated and unregulated providers.
(3)
If the commission determines that it is economically and
technologically
feasible to provide number portability before the
date
required under subsection (2), the commission shall order
providers
of basic local exchange service to provide the service
before
that date.
(4)
Until number portability is available, a provider of basic
local
exchange service shall make available to other providers
direct
inward dialing and remote call forwarding.
Sec.
359. (1) No later than January 1, 1996 Except as
otherwise provided by federal law, a provider of basic local
exchange service shall establish a rate charge for 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. 401. (1) Except as otherwise provided by law or preempted
by federal law, the commission shall not have authority over
enhanced
services, paging, cellular, mobile,
and answering
services, retail broadband service, video, cable service, pay-per-
view, shared tenant, private networks, financial services networks,
radio and television, WATS, personal communication networks,
municipally owned telecommunication system, 800 prefix services,
burglar and fire alarm services, energy management services, except
for state institutions of higher education the reselling of centrex
or its equivalent, payphone services, and the reselling of an
unlicensed telecommunication service. The foregoing services shall
not be considered part of basic local exchange service.
(2) Except
as otherwise provided by this act, the The
commission
shall not have the authority over a the
telecommunication service
not services specifically provided for
in this act.
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. As used in this subdivision, "material information"
includes, but is not limited to, all applicable fees, taxes, and
charges that will be billed to the end-user, regardless of whether
the fees, taxes, or charges are authorized by state or federal law.
(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, 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.
(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
or by failing to inform the customer of a material fact, the
omission of which is deceptive or misleading.
(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.
(k) Require the purchase of a regulated service of the
provider as a condition of purchasing an unregulated service.
(l) If a dispute exists between a customer and the provider,
disconnect service to the customer before the resolution of a
dispute.
(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. 505. (1) An end user of a telecommunications 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 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.
Telecommunications provider does not include a
provider
of commercial mobile service as defined in section
332(d)(1)
or part I of title III of 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, 208, 304a, 304b, 312a, 319,
322, 354, 360, 504, and 701 of the Michigan telecommunications act,
1991 PA 179, MCL 484.2207, 484.2208, 484.2304a, 484.2304b,
484.2312a, 484.2319, 484.2322, 484.2354, 484.2360, 484.2504, and
484.2701, are repealed.