October 6, 2005, Introduced by Rep. Elsenheimer 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:
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.
(4) If a service contract exists between a provider and a
residential customer, the provider shall disclose in writing
whether there are any early termination fees, charges, or penalties
if the contract is terminated by the customer before the contract's
termination date. If the terms of the contract exceeds 1 year, the
contract is not enforceable unless it is signed by the customer.