November 10, 2004, Introduced by Reps. Bradstreet, LaJoy and Rivet and referred to the Committee on Energy and Technology.
A bill to amend 1991 PA 179, entitled
"Michigan telecommunications act,"
by amending section 213 (MCL 484.2213), as amended by 2000 PA
295.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 213. (1) Subject to section 201, the commission may
2 promulgate rules under the administrative procedures act of 1969,
3 1969 PA 306, MCL 24.201 to 24.328, to administer and enforce this
4 act.
5 (2) Except as
provided in subsection (3), effective
6 September 1, 1996, the following administrative rules shall not
7 apply to
telecommunication providers or telecommunication
8 services:
9 (a) Electric power
and communication lines: R 460.581 to
10 R 460.592.
1 (b) Intrastate
telephone services and facilities: R 460.1951
2 to R 460.1968.
3 (c) Filing
procedures for communications common carriers
4 tariffs: R 460.2051
to R 460.2057.
5 (d) Consumer
standards and billing practices, residential
6 telephone service: R
460.2211 to R 460.2279.
7 (e) Uniform
systems of accounts for class A and class B
8 telephone companies:
R 460.9041 and R 460.9059.
9 (3) If the Michigan
supreme court rules that sections 45 and
10 46 of the
administrative procedures act of 1969, 1969 PA 306, MCL
11 24.245 and 24.246, are
unconstitutional, and a statute requiring
12 legislative review of
administrative rules is not enacted within
13 90 days after the Michigan
supreme court ruling, the commission
14 shall not promulgate
rules under this act. Subsection (2) does
15 not apply if the
commission is prohibited from promulgating rules
16 under this subsection.
17 (2) The authority granted under subsection (1) shall include
18 the authority to promulgate rules to prohibit anticompetitive
19 behaviors and relationships of providers that prevent the
20 development and growth of competition in providing
21 telecommunication services in this state. The rules promulgated
22 under this subsection shall be limited to the jurisdiction and
23 authority granted the commission under this act.