June 7, 2006, Introduced by Senators JACOBS, SWITALSKI, WHITMER, CHERRY, PRUSI, BRATER, OLSHOVE and EMERSON and referred to the Committee on Technology and Energy.
A bill to amend 1991 PA 179, entitled
"Michigan telecommunications act,"
(MCL 484.2101 to 484.2604) by adding sections 381, 382, 383, 384,
and 385.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 381. (1) The scope of commission authority regarding
wireless telecommunications does not extend to the regulation of
market entry or exit by, the establishment of rates and services
offered by, or rates of return earned by wireless
telecommunications providers. The commission may use its authority
in the oversight of marketing and billing practices, service
quality, provision of accurate coverage maps, and resolution of
disputes between wireless telecommunications providers and their
subscribers.
(2) The commission shall establish standards for, and publish
information regarding, the quality of service associated with
wireless telecommunications providers operating in the state,
including call center performance, blocked and dropped call rates,
and the number of complaints received by the commission for each
wireless telecommunications provider, per 1,000 subscribers,
quarterly. This information shall be made available through the
commission's website, pamphlets, or other means suitable for mass
distribution.
(3) The commission shall monitor the deployment of wireless
telecommunications networks and develop rules for the production of
accurate coverage maps by wireless telecommunications providers in
the state. The commission shall develop signal strength thresholds,
measured in decibels relative to 1 milliwatt, to be used by
wireless telecommunications providers in producing the coverage
maps. The commission may develop other service quality
measurements, as appropriate, such as assessments of voice or data
transmission quality. The commission shall develop signal strength
thresholds that identify levels of quality of service in coverage
areas that are appropriate for the population characteristics and
terrain conditions in coverage areas of the state. Maps may also
depict other measures of service quality, as appropriate, that
shall be determined by the commission. The verified coverage maps
approved by the commission should clearly convey information
regarding the quality of service to the public and should have
uniform characteristics across wireless telecommunications
providers to promote service quality comparisons by consumers.
(4) The commission shall develop methods to verify the
accuracy of coverage maps submitted by wireless telecommunications
providers to the commission for approval to ensure their compliance
with the rules established by the commission under this act. The
accuracy of these maps should be verified no less than annually.
The commission shall make available to the public copies of
verified accurate coverage maps for wireless telecommunications
providers operating in the state.
Sec. 382. (1) All providers of wireless telecommunications
services shall publish verified coverage maps showing the coverage
area associated with all statewide home calling areas and each
calling plan. Wireless telecommunications providers shall make
copies of verified coverage maps available to prospective and
existing subscribers. Coverage maps should be prepared in
compliance with commission rules and submitted to the commission
for verification and approval no less than annually.
(2) Wireless telecommunications providers shall publish rate
information in a clear and understandable format. Any restrictions
on the use of package minutes should be clearly identified. Prices,
rates, or term contracts associated with wireless
telecommunications services shall include a disclosure of any
geographic limitation to the advertised price, rate, or term
contract. Rate information should include a good faith estimate of
the total monthly cost of the service, which includes any
additional surcharges, call setup charges, fees, or taxes
applicable to the prices, rates, or term contracts. Rate
information should clearly identify how long-distance calling is
treated. Conditions under which roaming charges apply should be
clearly identified. Termination and reactivation fees should be
clearly stated.
Sec. 383. Any agreement or contract the consumer or subscriber
may execute shall be a separate document from marketing materials
used to promote wireless telecommunications products or services
and shall be unambiguous and legible. Rates provided in agreements
or contracts should include a good faith estimate of the total
monthly cost of a plan, including taxes, surcharges, and other fees
that will appear on the customer's bill. The terms and conditions
specified in the contract regarding prices, terms of use, package
minutes, and nongovernment charges are binding on the provider
during the term of the plan.
Sec. 384. For a period of up to 20 days after the date of the
first bill for the first full month of service following service
activation, the wireless telecommunications service subscriber
shall be allowed, without penalty, to cancel the contract with the
wireless telecommunications provider and return for a full refund
any wireless telecommunications equipment acquired from the
wireless telecommunications provider, or from its agents or
authorized dealers. The subscriber remains responsible for any use
charges incurred before termination. Refunds for equipment are
contingent upon the return of all wireless equipment in proper
working order.
Sec. 385. (1) If a customer of a wireless service terminates a
service contract before the expiration date of the contract, the
wireless provider may charge the customer a termination fee not to
exceed $20.00.
(2) Not less than 30 days from the expiration date of a
service contract with a provider of cellular telecommunication
service, the provider shall give notice to the customer of the
expiration date.
(3) After the initial contract period for a wireless service,
the contract shall continue on a month-by-month basis and may be
terminated by the customer upon a 30-day notice to the wireless
provider.