February 22, 2011, Introduced by Reps. Horn and Roy Schmidt and referred to the Committee on Energy and Technology.
A bill to amend 1991 PA 179, entitled
"Michigan telecommunications act,"
by amending sections 101, 102, 103, 202, 205, 210, 211a, 213, 303,
305, 305b, 309, 310a, 313, 315, 316, 401, 503, and 601 (MCL
484.2101, 484.2102, 484.2103, 484.2202, 484.2205, 484.2210,
484.2211a, 484.2213, 484.2303, 484.2305, 484.2305b, 484.2309,
484.2310a, 484.2313, 484.2315, 484.2316, 484.2401, 484.2503, and
484.2601), sections 101, 102, 103, 202, 205, 210, 213, 303, 305,
309, 315, 316, and 401 as amended and sections 211a, 305b, and 310a
as added by 2005 PA 235 and sections 503 and 601 as amended by 2000
PA 295; 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.
(c) (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.
(d) (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.
(e) (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.
(f) (h)
Ensure effective and timely review
and disposition of
disputes between telecommunication providers.
(g) (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) "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) "Commission" means the Michigan public service commission.
(f) "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) "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) "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) "Exchange" means 1 or more contiguous central offices and
all associated facilities within a geographical area in which basic
local exchange service is offered by a provider.
(k) "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 that
capability for the
management, control, or operation of a telecommunications system or
the management of a telecommunications service.
(l) "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.
(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.
(x) (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.
(y) (aa)
"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.
(z) (bb)
"Residential customer"
means a person to whom
telecommunication services are furnished predominantly for personal
or domestic purposes at the person's dwelling.
(aa) (cc)
"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.
(bb) (dd)
"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.
(cc) (ee)
"Telecommunications act of
1996" means Public Law
104-104.
(dd) (ff)
"Telecommunication
provider" or "provider" means a
person 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
telecommunications act of 1996, 47 USC 332.
(ee) (gg)
"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.
(ff) (hh)
"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.
(gg) (ii)
"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.
(hh) (jj)
"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. 202. (1) In addition to the other powers and duties
prescribed
by this act, the commission shall do all each 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.
(a) (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.
(b) (c)
Promulgate rules under section 213
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.
(2)
Rules promulgated under subsection (1)(c) (1)(b) 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) (1)(b)(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) (1)(b)(i), 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 under
subsection (1)(b) 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) (1)(b). Any
service quality rules promulgated by the commission under
subsection (1)(b)(i) shall expire on June 30, 2011.
(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.
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 a
regulated
service violate this act, 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, 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, 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.
(4) Information regarding settlement, including a recommended
settlement issued by a mediator in a proceeding, shall be disclosed
only to the parties to the proceeding unless all parties consent to
disclosure. A mediator's recommended settlement may be disclosed to
the commission after the commission has issued a final order. The
administrative law judge assigned to any contested case proceeding
arising from a mediation shall not be made aware of the acceptance
or rejection by the parties of the recommended settlement, or the
terms of the recommended settlement. The parties to the mediation
shall not disclose or reveal the terms of the recommended
settlement to anyone other than the parties to the mediation.
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 and limited to its
specific authority over a service as provided under this act, the
commission may promulgate rules under the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(2)
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.
(2) (3)
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.
(3) Any rules promulgated by the commission under this section
before the effective date of the amendatory act that added this
subsection that are inconsistent with the limited rule-making
authority in this section are rescinded.
Sec. 303. (1) 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) 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.
(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. 305. 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.
(k) (m)
Bundle unwanted services or
products for sale or lease
to another provider.
(l) (n)
Perform any act that has been
prohibited by this act or
an order of the commission.
(m) (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.
Sec. 305b. A provider of any telecommunication service shall
do
all both 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) 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.
(a) (c)
Comply with all federal and state
requirements
regarding truth in billing, E 9-1-1 services, and primary basic
local exchange service.
(b) (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. 309. (1) A provider of basic local exchange service shall
provide to each customer local directory assistance and may
distribute a printed telephone directory to each customer. If a
provider of basic local exchange service elects not to distribute a
printed telephone directory to each customer, that provider shall
provide a printed or electronic telephone directory to a customer
upon
request, at no additional charge to the
customer. , an annual
printed
telephone directory.
(2) 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.
310a. (1) After June 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 June 1, 2007 file with the
commission
under section 304(2)(d) notice of an increase in the
primary
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.
Sec. 313. (1) A telecommunication provider that provides
either
basic local exchange or toll service, or both, may shall not
discontinue either service to an exchange unless 1 or more
alternative
telecommunication providers are furnishing the same
telecommunication
a comparable voice service to the customers in
the exchange. A comparable voice service includes any 2-way voice
service offered through any form of technology that is capable of
placing and receiving calls from a provider of basic local exchange
service, including voice over internet protocol services and
wireless services.
(2) A telecommunication provider proposing to discontinue a
regulated service to an exchange shall file a notice of the
discontinuance of service with the commission, publish the notice
in a newspaper of general circulation within the exchange, and
provide other reasonable notice as required by the commission.
(3) Within 30 days after the date of publication of the notice
required by subsection (2), a person or other telecommunication
provider affected by a discontinuance of services by a
telecommunication provider may apply to the commission to determine
if the discontinuance of service is authorized pursuant to this
act.
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 cost
to each
individual who is certified as deaf or 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 9-1-1 service
enabling act, 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 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 be 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.
(3) (10)
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 , or
to cash, to a credit card, or a third
party number.
(4) (11)
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.
(5) (12)
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. The rate established by the commission
under this subsection may be assessed as a line item on an end-
user's bill.
(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 Except as provided
under subsection (4), if the low
income
customer is 65 years of age or more older, the rate
reduction shall be, at a minimum, 25% of the basic local exchange
rate or $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
income
standards as determined by the United States office of
management
and budget guidelines
published annually in the federal
register by the United States department of health and human
services 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. The rate established by the commission under
this subsection may be assessed as a line item on an end-user's
bill.
(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 any other notice reasonably calculated to reach
those who may benefit from the services.
Sec. 401. (1) Except as otherwise provided by law or preempted
by
federal law, the commission shall does not have authority over
enhanced services, paging, cellular, mobile, 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, interconnected voice over internet
protocol service, and the reselling of an unlicensed
telecommunication service. The foregoing services shall not be
considered part of basic local exchange service.
(2)
The commission shall have has
authority over the
telecommunication services specifically provided for in this act.
Sec.
503. (1) The commission shall promulgate rules that
establish
privacy guidelines in the providing of telecommunication
services.
(2)
The rules promulgated under this section shall include,
but
need not be limited to, protections against the releasing of
certain
customer information and customer privacy intrusions.
(3)
A person who obtains an unpublished
telephone number using
a telephone caller identification service shall not do any of the
following without the written consent of the customer of the
unpublished telephone number:
(a) Disclose the unpublished telephone number to another
person for commercial gain.
(b) Use the unpublished telephone number to solicit business.
(c) Intentionally disclose the unpublished telephone number
through a computer data base, on-line bulletin board, or other
similar mechanism.
Sec. 601. If after notice and hearing the commission finds a
person has violated this act, the commission shall order remedies
and penalties to protect and make whole ratepayers and other
persons who have suffered an economic loss as a result of the
violation, including, but not limited to, 1 or more of the
following:
(a) Except as provided in subdivision (b), ordering the person
to pay a fine for the first offense of not less than $1,000.00 nor
more than $20,000.00 per day that the person is in violation of
this act, and for each subsequent offense, a fine of not less than
$2,000.00 nor more than $40,000.00 per day.
(b) If the provider has less than 250,000 access lines,
ordering the provider to pay a fine for the first offense of not
less than $200.00 or more than $500.00 per day that the provider is
in violation of this act, and for each subsequent offense a fine of
not less than $500.00 or more than $1,000.00 per day.
(c)
A Ordering a refund to the ratepayers of the provider of
any collected excessive rates.
(d) If the person is a licensee under this act, ordering that
the person's license is revoked.
(e)
Cease Issuing cease and desist orders.
(f)
Except for an arbitration case under section 252 of part
II
of title II of the communications act of 1934, chapter 622, 110
Stat.
66, attorney fees and actual costs of a person or a provider
of
less than 250,000 end-users.
Enacting section 1. Sections 301a, 304, 306, 308, 309a, 309b,
311, 312, 314, 321, 351, 352, 353, 355, 356, 357, 358, 359, 362,
363, 375, 376, 402, 502, 504, and 602 of the Michigan
telecommunications act, 1991 PA 179, MCL 484.2301a, 484.2304,
484.2306, 484.2308, 484.2309a, 484.2309b, 484.2311, 484.2312,
484.2314, 484.2321, 484.2351, 484.2352, 484.2353, 484.2355,
484.2356, 484.2357, 484.2358, 484.2359, 484.2362, 484.2363,
484.2375, 484.2376, 484.2402, 484.2502, 484.2504, and 484.2602, are
repealed.