HOUSE BILL No. 6092


     May 21, 2002, Introduced by Reps. Vander Roest, Patterson, Palmer, Kuipers, Birkholz, Bradstreet, Hager, Shackleton, Stamas,
Ruth Johnson, Spade, Murphy, Cameron Brown, Phillips, Richardville and Bishop and referred to the Committee on Energy and
Technology.


        A bill to amend 1991 PA 179, entitled

   "Michigan telecommunications act,"

   by amending section 305 (MCL 484.2305), as amended by 1995

   PA 216.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
             Sec. 305.  (1) A provider of basic local exchange service

 2
        shall not do any of the following:

 3
             (a) Discriminate against another provider by refusing or

 4
        delaying access service to the local exchange.

 5
             (b) Refuse or delay interconnections or provide inferior

 6
        connections to another provider.

 7
             (c) Degrade the quality of access service provided to

 8
        another provider.

 9
             (d) Impair the speed, quality, or efficiency of lines used

10
        by another provider.


   06860'02                                                 SAT                                   2

 1
             (e) Develop new services to take advantage of planned but

 2
        not publicly known changes in the underlying network.

 3
             (f) Refuse or delay a request of another provider for infor-

 4
        mation regarding the technical design, equipment capabilities and

 5
        features, geographic coverage, and traffic patterns of the local

 6
        exchange network.

 7
             (g) Refuse or delay access service or be unreasonable in

 8
        connecting another provider to the local exchange whose product

 9
        or service requires novel or specialized access service

10
        requirements.

11
             (h) Upon a request, fail to fully disclose in a timely

12
        manner all available information necessary for the design of

13
        equipment that will meet the specifications of the local exchange

14
        network.

15
             (i) Discriminate against any provider or any party who

16
        requests the information for commercial purposes in the dissemi-

17
        nation of customer proprietary information.  A provider shall

18
        provide without unreasonable discrimination or delay telephone

19
        directory listing information and related services to persons

20
        purchasing telephone directory listing information to the same

21
        extent and in the same quality as provided to the provider,

22
        affiliates of the provider, or any other listing information

23
        purchaser.

24
             (j) Refuse or delay access service by any person to another

25
        provider.







   06860'02                                   3

 1
             (k) Sell, lease, or otherwise transfer an asset to an

 2
        affiliate for an amount less than the fair market value of the

 3
        asset.

 4
             (l) Buy, lease, or otherwise acquire an asset from an affil-

 5
        iate of the provider for an amount greater than the fair market

 6
        value of the asset.

 7
             (m) Bundle unwanted services or products for sale or lease

 8
        to another provider.

 9
             (n) Perform any act that has been prohibited by this act or

10
        an order of the commission.

11
             (o) Sell services or products, extend credit, or offer other

12
        terms and conditions on more favorable terms to an affiliate of

13
        the provider than the provider offers to other providers.

14
             (p) Discriminate in favor of an affiliated burglar and fire

15
        alarm service over a similar service offered by another

16
        provider.

17
             (Q) SELL OR DISTRIBUTE INFORMATION REGARDING CUSTOMER TELE-

18
        COMMUNICATION USAGE WITHOUT THE CUSTOMER'S PRIOR WRITTEN CONSENT.

19
             (2) A provider of cellular telecommunication services shall

20
        not do either of the following:

21
             (a) Unreasonably provide services, extend credit, or offer

22
        other terms and conditions on more favorable terms to an affili-

23
        ate of the provider or to its retail department that sells to end

24
        users than the provider offers to other providers.

25
             (b) Unreasonably use rates or proceeds from providers,

26
        directly or indirectly, to subsidize or offset the costs of





   06860'02                                   4

 1
        cellular service offered by the provider, or an affiliate of the

 2
        provider, to other providers or to end-users.

 3
             (3) Until a provider has complied with section 304a, the

 4
        provider of a rate regulated service shall not provide that serv-

 5
        ice in combination with an unregulated service in section 401 or

 6
        an unbundled or resold service under section 357 at a price that

 7
        does not exceed the total service long run incremental cost of

 8
        each service.








































   06860'02          Final page.                            SAT