SB-0636, As Passed Senate, March 13, 2014

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 636

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1991 PA 179, entitled

 

"Michigan telecommunications act,"

 

by amending sections 103, 304, 310, 313, 317, 320, and 502 (MCL

 

484.2103, 484.2304, 484.2310, 484.2313, 484.2317, 484.2320, and

 

484.2502), sections 103, 304, 313, and 502 as amended by 2011 PA

 

58, section 310 as amended by 2009 PA 182, section 317 as amended

 

by 2005 PA 235, and section 320 as added by 1995 PA 216.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 maintain a publicly

 

available database of providers in each exchange that are licensed

 

to or otherwise provide 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 and

 

maintenance of the annual report database under this section.

 

     (4) Subsections (2) and (3) do not apply after the commission

 

issues its annual report under subsection (2) in 2013.

 

     Sec. 304. (1) A call made to a local calling area adjacent to

 

the caller's local calling area is considered a local call and

 

shall be billed as a local call. Effective December 31, 2007, a

 

call made to a called party who is not located within the

 

geographic area of the caller's local calling area or an adjacent

 

local calling area as defined by the commission's order in case

 

numbers U-12515 and U-12528, dated February 5, 2001, is not a local

 

call if the tariff, service guide, or similar document containing

 

the terms and conditions of the provider originating the call does

 

not classify the call as a local call.

 

     (2) A provider of basic local exchange service with less than

 

10,000 end-users in this state may determine that their total

 

service long run incremental cost is the same as that of a provider

 

with more than 250,000 end-users.

 

     Sec. 310. (1) Except as provided by this section, the

 


commission shall not review or set the rates for toll access

 

services.

 

     (2) A provider of toll access services shall set the rates for

 

intrastate switched toll access services at rates that do not

 

exceed the rates allowed for the same interstate services by the

 

federal government and shall use the access rate elements for

 

intrastate switched toll access services that are in effect for

 

that provider and are allowed for the same interstate services by

 

the federal government. Eligible providers shall comply with this

 

subsection as of the date established for the commencement of the

 

operation of the restructuring mechanism under subsection (9).

 

Providers other than eligible providers shall not charge intrastate

 

toll access service rates in excess of those rates in effect as of

 

July 1, 2009 and shall reduce the differential, if any, between

 

intrastate and interstate switched toll access service rates in

 

effect as of July 1, 2009 in no more than 5 steps of at least 20%

 

each of the differential on the following dates: January 1, 2011;

 

January 1, 2012; January 1, 2013; January 1, 2014; and January 1,

 

2015. Providers may agree to a rate that is less than the rate

 

allowed by the federal government.

 

     (3) Two or more providers that each have less than 250,000

 

access lines may agree to joint toll access service rates and

 

pooling of intrastate toll access service revenues.

 

     (4) A provider of toll access services shall make available

 

for intrastate access services any technical interconnection

 

arrangements, including colocation required by the federal

 

government for the identical interstate access services.

 


     (5) A provider of toll access service, whether under tariff or

 

contract, shall offer the services under the same rates, terms, and

 

conditions, without unreasonable discrimination, to all providers.

 

All pricing of special toll access services and switched access

 

services, including volume discounts, shall be offered to all

 

providers under the same rates, terms, and conditions.

 

     (6) If a toll access service rate is reduced, then the

 

provider receiving the reduced rate shall reduce its rate to its

 

customers by an equal amount. The commission may investigate and

 

ensure that the provider has complied with this subsection.

 

     (7) In order to restructure intrastate switched toll access

 

service rates, there is hereby established in the department of

 

energy, labor, and economic growth licensing and regulatory affairs

 

an intrastate switched toll access rate restructuring mechanism as

 

a separate interest-bearing fund. The state treasurer shall direct

 

the investment of the restructuring mechanism. Money in the

 

restructuring mechanism shall remain in the restructuring mechanism

 

at the close of the fiscal year and shall not revert to the general

 

fund.

 

     (8) An eligible provider is entitled to receive monthly

 

disbursements from the restructuring mechanism as provided in

 

subsection (11) in order to recover the lost intrastate switched

 

toll access service revenues resulting from rate reductions under

 

subsection (2).

 

     (9) The restructuring mechanism shall be administered by the

 

commission. The restructuring mechanism shall be established and

 

shall begin operation within 270 days after the effective date of

 


the amendatory act that added this subsection. by September 13,

 

2010. Subject to the preceding sentence, the commission shall

 

establish the date for commencing the operation of the

 

restructuring mechanism and shall notify the participants in the

 

restructuring mechanism at least 30 days in advance of that date.

 

The commission shall recover its actual costs of administering the

 

restructuring mechanism from assessments collected for the

 

operation of the restructuring mechanism.

 

     (10) The commission shall establish the procedures and

 

timelines for organizing, funding, and administering the

 

restructuring mechanism. The commission shall report to the

 

legislature and the governor annually regarding the administration

 

of the restructuring mechanism. The report shall include the total

 

amount of money collected from contributing providers, the total

 

amount of money disbursed from the restructuring mechanism annually

 

to each eligible provider, the costs of administration, and any

 

other information considered relevant by the commission. The report

 

shall also identify any duplicative costs or revenues that are

 

already being recovered by eligible providers through federal

 

access recovery charges or the connect America fund. If the

 

commission identifies duplicative recovery, the commission shall

 

notify the federal communications commission and all contributing

 

providers. Any duplicative recovery identified by the commission is

 

not exempt from public disclosure under section 210. Beginning with

 

the first report following the recalculation required under

 

subsection (16), the annual report shall include recommendations

 

for altering the restructuring mechanism, based on the results of

 


the recalculation and the state and federal regulations in effect

 

at the time, to ensure that the restructuring mechanism is still

 

achieving the purposes for which it was originally established. Any

 

company-specific information pertaining to access lines, switched

 

toll access services minutes of use, switched toll access demand

 

quantities, contributions, and intrastate telecommunications

 

telecommunication services revenues submitted to the commission

 

under this subsection are confidential commercial or financial

 

information and exempt from public disclosure pursuant to under

 

section 210.

 

     (11) The initial size of the restructuring mechanism shall be

 

calculated as follows:

 

     (a) Within 60 days of the effective date of the amendatory act

 

that added this subsection By February 15, 2010 each eligible

 

provider shall submit to the commission information and all the

 

supporting documentation that establishes the amount of the

 

reduction in annual intrastate switched toll access revenues which

 

that will result from the reduction in rates required in subsection

 

(2). The reduction shall be calculated for each eligible provider

 

as the difference between intrastate and interstate switched toll

 

access service rates in effect as of July 1, 2009, multiplied by

 

the intrastate switched access minutes of use and other switched

 

access demand quantities for the calendar year 2008.

 

     (b) The commission shall compute the size of the initial

 

restructuring mechanism disbursements for each eligible provider

 

and shall inform each eligible provider of that computation within

 

60 days after receiving the information and supporting

 


documentation from the eligible providers under subdivision (a).

 

     (12) The restructuring mechanism shall be created and

 

supported by a mandatory monthly contribution by all providers of

 

retail intrastate telecommunications telecommunication services and

 

all providers of commercial mobile service. Interconnected voice

 

over internet protocol services shall not be considered an

 

intrastate telecommunications telecommunication service for the

 

purposes of this section and interconnected voice over internet

 

protocol service providers shall not be required to pay, directly

 

or indirectly, the mandatory monthly contributions established in

 

this subsection. A provider of telecommunications telecommunication

 

services to a provider of interconnected voice over internet

 

protocol services shall not pay a mandatory monthly contribution

 

related to those interconnected voice over internet protocol

 

services or attempt to pass through any mandatory monthly

 

contributions, directly or indirectly, to a provider of

 

interconnected voice over internet protocol services. Nothing in

 

this act grants the commission authority over commercial mobile

 

service providers or voice over internet protocol service providers

 

except as is strictly necessary for administration of the

 

restructuring mechanism.

 

     (13) Within 60 days of the effective date of the amendatory

 

act that added this subsection, By February 15, 2010, each

 

contributing provider shall report its 2008 intrastate retail

 

telecommunications telecommunication services revenues to the

 

commission. Notwithstanding anything in subsection (12), if the

 

federal communications commission determines that interconnected

 


voice over internet protocol services may be subject to state

 

regulation for universal services purposes, the commission may open

 

a proceeding to determine who is required to participate in a

 

universal service fund.

 

     (14) The initial contribution assessment percentage shall be a

 

uniform percentage of retail intrastate telecommunications

 

telecommunication services revenues determined by projecting the

 

total amount necessary to cover the initial intrastate switched

 

toll access rate restructuring mechanism disbursement levels for 12

 

months, including projected cash reserve requirements, actual and

 

projected administrative costs, and projected uncollectible

 

contribution assessments, divided by the 2008 calendar year total

 

retail intrastate telecommunications telecommunication services

 

revenues in this state, less projected uncollectible revenues,

 

reported to the commission. The commission shall issue an order

 

establishing the initial calculation of the contribution assessment

 

percentage within 150 days of the effective date of the amendatory

 

act that added this subsection. by May 16, 2010. The commission may

 

increase or decrease the contribution assessment on a quarterly or

 

other basis as necessary to maintain sufficient funds for

 

disbursements.

 

     (15) Each contributing provider shall remit to the commission

 

on a monthly basis an amount equal to its intrastate retail

 

telecommunications telecommunication services revenues, less

 

uncollectible revenues, multiplied by the contribution assessment

 

percentage determined under subsection (14), according to a time

 

frame established by the commission. These contributions shall

 


continue until the end of the period for which eligible providers

 

are entitled to receive monthly disbursements from the

 

restructuring mechanism under subsections (11) and (16).

 

     (16) The commission shall recalculate the size of the

 

restructuring mechanism for each eligible provider 4 years from the

 

date the initial restructuring mechanism becomes operational

 

pursuant to subsection (9) and again 4 years thereafter. on March

 

13, 2018. The recalculation process shall be as follows:

 

     (a) The restructuring mechanism shall be recalculated each

 

time as the difference between the intrastate switched toll access

 

rates in effect as of July 1, 2009 and the interstate switched toll

 

access rates in effect at the time of the recalculation, multiplied

 

by the intrastate switched toll access minutes of use and other

 

switched access demand quantities for the calendar year 2008.

 

     (b) The recalculated restructuring mechanism shall be further

 

adjusted during the first recalculation by the percentage change,

 

if any, in the number of access lines in service for each eligible

 

provider from December 31, 2008 to December 31 of the year

 

immediately preceding the year in which the adjustment is made.

 

     (c) The recalculated restructuring mechanism shall be adjusted

 

during the second recalculation by the percentage change, if any,

 

in the number of access lines in service for each eligible provider

 

from December 31 of the year of the first recalculation to December

 

31 of the year immediately preceding the second recalculation.

 

     (c) (d) Each eligible provider is entitled to receive monthly

 

disbursements from the restructuring mechanism for a period of no

 

more than 12 years from the date the restructuring mechanism is

 


established under subsection (9), at which time the restructuring

 

mechanism shall cease to exist.

 

     (d) The commission shall reduce the amount of the monthly

 

disbursement to an eligible provider from the restructuring

 

mechanism on a pro rata basis for each exchange in which the

 

provider discontinues basic local exchange service under section

 

313. A reduction under this subsection is effective on the date of

 

the discontinuance of service.

 

     (17) The money received and administered by the commission for

 

the support and operation of the restructuring mechanism created by

 

the amendatory act that created this subsection 2009 PA 182 shall

 

not be used by the commission or any department, agency, or branch

 

of the government of this state for any other purpose, and that

 

money is not subject to appropriation, allocation, assignment,

 

expenditure, or other use by any department, agency, or branch of

 

the government of this state.

 

     (18) If the federal government adopts intercarrier

 

compensation reforms or takes any action that causes or requires a

 

significant change in interstate switched toll access service

 

rates, the commission may initiate, or any interested party may

 

file an application for, a proceeding pursuant to under section 203

 

within 60 days of that action to determine whether any

 

modifications to the size, operation, or composition of the

 

restructuring mechanism are warranted. During the pendency of that

 

proceeding, the requirement in subsection (2) for eligible

 

providers to set intrastate switched toll access service rates

 

equal to interstate switched toll access service shall be

 


temporarily suspended by those providers. Intrastate access rates

 

may not be increased above the levels that exist at the time of the

 

suspension. Following notice and hearing, upon a showing of good

 

cause, the commission may stop or place certain conditions on the

 

temporary suspension.

 

     (19) If the federal government changes the federal universal

 

service contribution methodology so that it is not based on a

 

percentage of total interstate telecommunications telecommunication

 

services revenues, the commission shall modify the contribution

 

methodology for the restructuring mechanism to be consistent with

 

the federal methodology. The commission shall initiate a proceeding

 

to modify the contribution methodology for the restructuring

 

mechanism and to establish a reasonable time period for transition

 

to the new contribution methodology.

 

     (20) Disputes arising under this section may be submitted to

 

the commission for resolution pursuant to under sections 203 and

 

204.

 

     (21) If any contributing provider subject to this section

 

fails to make the required contributions or fails to provide

 

required information to the commission, the commission shall

 

initiate an enforcement proceeding under section 203. If the

 

commission finds that a contributing provider has failed to make

 

contributions or to perform any act required under this section, a

 

contributing provider shall be is subject to the remedies and

 

penalties under section 601.

 

     (22) Eligible providers and contributing providers shall

 

provide information to the commission that is required for the

 


administration of the restructuring mechanism. Company-specific

 

information pertaining to access lines, switched toll access

 

services minutes of use, switched toll access demand quantities,

 

contributions, and intrastate telecommunications telecommunication

 

services revenues submitted to the commission under this subsection

 

is confidential commercial or financial information and exempt from

 

public disclosure pursuant to under section 210.

 

     (23) As used in this section:

 

     (a) "Commercial mobile service" means that term as defined in

 

section 332(d)(1) of the telecommunications act of 1996, 47 USC

 

332.

 

     (b) "Contributing provider" means an entity required to pay

 

into the restructuring mechanism.

 

     (c) "Eligible provider" means an incumbent local exchange

 

carrier as defined in section 251 251(h) of the telecommunications

 

act of 1996, 47 USC 251, that as of January 1, 2009 had rates for

 

intrastate switched toll access services higher than its rates for

 

the same interstate switched toll access services, and that

 

provides the services and functionalities identified by rules of

 

the federal communications commission described at 47 CFR

 

54.101(a).

 

     (d) "Interconnected voice over internet protocol service"

 

means that term as defined in 47 CFR 9.3.

 

     (e) "Restructuring mechanism" means the intrastate switched

 

toll access rate restructuring mechanism established in this

 

section.

 

     Sec. 313. (1) A telecommunication provider that provides

 


either basic local exchange or toll service, or both, shall not

 

discontinue either service to an exchange unless 1 or more

 

alternative providers for toll service, or 2 or more alternative

 

providers for basic local exchange service, are furnishing 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, provide

 

notice to each of its customers within the exchange by first-class

 

mail or within customer bills, and provide other reasonable notice

 

as required by the commission.

 

     (3) Within 60 days after the date of publication or receipt 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 under this

 

act. Within 90 days after the date of publication of the notice

 

required by subsection (2), the commission may, in response to a

 

request or on its own initiative, commence a proceeding to

 

determine if the discontinuance of service is authorized under this

 

act. The commission has 180 days from the date any proceeding is

 


initiated under this subsection to issue its final order. A

 

provider shall not discontinue service unless it has provided at

 

least 60 days' notice to each customer after a commission order has

 

been issued under this subsection or after the last day for

 

initiating a proceeding under this subsection.

 

     (4) Discontinuance of basic local exchange service under this

 

section by an incumbent local exchange carrier does not affect the

 

requirements of that incumbent local exchange carrier under federal

 

law and this act. As used in this subdivision, "incumbent local

 

exchange carrier" means that term as defined in section 251(h) of

 

the telecommunications act of 1996, 47 USC 251. This section does

 

not create, restrict, or expand the commission's jurisdiction and

 

authority for any of the following:

 

     (a) The jurisdiction and authority established under section

 

201.

 

     (b) The jurisdiction and authority to carry out the

 

commission's obligations to enforce the rights, duties, and

 

obligations of an entity that are established in sections 251 and

 

252 of the telecommunications act of 1996, 47 USC 251 and 252, and

 

any applicable agreement or wholesale tariff or state law, rule,

 

regulation, or order related to wholesale rights, duties, and

 

obligations, including, but not limited to, interconnection and

 

exchange voice traffic.

 

     (c) The jurisdiction and authority to regulate switched access

 

rates, terms, and conditions, including the implementation of

 

federal or state law concerning intercarrier compensation.

 

     (5) Subsections (1) to (3) do not apply after December 31,

 


2016. Beginning January 1, 2017, a telecommunication provider that

 

provides basic local exchange or toll service may discontinue that

 

service in an exchange by doing each of the following:

 

     (a) At the same time as filing a petition under section 214 of

 

the telecommunications act of 1996, 47 USC 214, all of the

 

following:

 

     (i) File a notice of the proposed discontinuance of service

 

with the commission.

 

     (ii) Publish a notice of the proposed discontinuance of service

 

in a newspaper of general circulation within the exchange.

 

     (iii) Provide notice of the proposed discontinuance of service

 

to each of the telecommunication provider's customers within the

 

exchange by first-class mail or within customer bills.

 

     (iv) Provide notice of the proposed discontinuance of service

 

to any interconnecting telecommunication providers by first-class

 

mail or other notice permitted under the terms of the

 

interconnection agreement between the providers.

 

     (b) Upon approval of the federal communications commission to

 

discontinue service, at least 90 days before discontinuing service,

 

all of the following:

 

     (i) File a notice of the discontinuance of service with the

 

commission.

 

     (ii) Publish a notice of the discontinuance of service in a

 

newspaper of general circulation within the exchange.

 

     (iii) Provide notice of the discontinuance of service to each of

 

the telecommunication provider's customers within the exchange by

 

first-class mail or within customer bills.

 


     (iv) Provide notice to any interconnecting telecommunication

 

providers by first-class mail or other notice permitted under the

 

terms of the interconnection agreement between the providers.

 

     (6) After January 1, 2017, and only in an area in which a

 

telecommunication provider either has given notice of a proposed

 

discontinuance of service under subsection (5) or has discontinued

 

service within the previous 90 days, a customer of that provider or

 

any interconnecting telecommunication provider may request the

 

commission to investigate the availability of comparable voice

 

service with reliable access to 9-1-1 and emergency services to

 

that customer or a customer of an interconnecting telecommunication

 

provider. If the commission, after conducting an investigation to

 

last no longer than 180 days regarding the availability of

 

comparable voice service with reliable access to 9-1-1 and

 

emergency services, determines that the federal communications

 

commission failed to make a finding that the present and future

 

public convenience and necessity is not adversely affected or has

 

not adequately addressed the issue, the commission shall declare by

 

order that an emergency exists in an area in this state that is not

 

served by at least 1 voice service provider offering comparable

 

voice service with reliable access to 9-1-1 and emergency services

 

through any technology or medium and shall conduct a request for

 

service process to identify a willing provider of comparable voice

 

service with reliable access to 9-1-1 and emergency services in

 

that area, including the current provider. A provider shall not be

 

required to participate in the request for service process. The

 

willing provider may utilize any form of technology that is capable

 


Senate Bill No. 636 (H-2) as amended March 11, 2014

of providing comparable voice service with reliable access to 9-1-1

 

and emergency services, including voice over internet protocol

 

services and wireless services. If the commission determines that

 

another provider is not capable of providing comparable voice

 

service with reliable access to 9-1-1 and emergency services in

 

that area, the commission shall issue an order requiring the

 

current telecommunication provider to provide comparable voice

 

service with reliable access to 9-1-1 and emergency services in

 

that area utilizing any form of technology that the commission

 

determines is capable of providing comparable voice service with

 

reliable access to 9-1-1 and emergency services, including voice

 

over internet protocol services and wireless services, until

 

another willing provider is available. An intrastate universal

 

service fund under section 316a shall not be created or used to

 

compensate or fund a willing provider or current telecommunication

 

provider to provide service under this section. As used in this

 

subsection:

 

     (a) "Comparable voice service" includes any 2-way voice

 

service offered through any form of technology, including voice

 

over internet protocol services and wireless services, that is

 

capable of placing calls to and receiving calls from a provider of

 

basic local exchange service.

 

     (b) "Emergency services" means services provided to the public

 

by police, fire, ambulance, or other first responders.

 

     (c) "Reliable access to 9-1-1" means [the rules, regulations, and

 

 guidelines set forth in the FCC trials order, including all appendices,

 

 that provide comparable and reliable consumer access to emergency

 

 

 


Senate Bill No. 636 (H-2) as amended March 11, 2014

services.                           ]

 

     (d) "Willing provider" means a provider that voluntarily

 

participates in the request for service process.

 

     (7) Beginning January 1, 2017, a telecommunication provider

 

that discontinues service under this section shall adhere to all

 

rules, regulations, and guidelines set forth in the FCC trials

 

order, including all appendices, for each of that telecommunication

 

provider's exchanges in this state, whether or not the

 

discontinuance is undertaken pursuant to an official trial under

 

the FCC trials order, except that all notices or reports to be

 

filed with the federal communications commission shall be submitted

 

to the Michigan public service commission for its information. This

 

subsection is effective until the federal communications commission

 

determines the legal and policy framework and establishes the

 

requirements for the IP-transition including emergency connectivity

 

requirements that provide comparable and reliable consumer access

 

to emergency services. [                                       

 

                                                                   

 

                                                              

 

                                                                   

 

                                                            

 

                                                                 

 

                     

(8) As used in this section, "FCC trials order" means the order of the federal communications commission, GN docket nos. 13-5 and 12-353, adopted January 30, 2014, and any subsequent order of the federal communications commission modifying or revising that order that includes emergency connectivity requirements that provide comparable and reliable consumer access to emergency services.]

     Sec. 317. (1) An operator service provider shall not provide

 

operator services in this state without first registering with the

 

commission. The registration shall include the following

 

information:

 


     (a) The name of the provider.

 

     (b) The address of the provider's principal office.

 

     (c) If the provider is not located in this state, the address

 

of the registered office and the name of the registered agent

 

authorized to receive service of process in this state.

 

     (d) Any other information that the commission may require.

 

     (2) The registration shall be accompanied with a registration

 

fee of $100.00.

 

     (3) The registration is effective immediately upon filing with

 

the commission and the payment of the registration fee. and shall

 

remain in effect for 1 year from its effective date.

 

     (4) A registration may be renewed for 1 year by filing with

 

the commission a renewal registration on a form provided by the

 

commission and the payment of a renewal fee of $100.00.

 

     (4) (5) At no charge, an operator service provider shall

 

immediately connect a person making an emergency call to an

 

emergency responder service.

 

     Sec. 320. (1) A person shall not provide payphone service in

 

this state without first registering with the commission. The

 

registration shall include all of the following information:

 

     (a) The name of the provider.

 

     (b) The address and telephone number of the provider's

 

principal office.

 

     (c) If the provider is not located in this state, the address

 

and telephone number of the registered office and the name and

 

telephone number of the registered agent authorized to receive

 

service of process in this state.

 


     (d) The specific location of each payphone in this state owned

 

or operated by the provider. Information required under this

 

subdivision shall be made available to the local unit of government

 

solely for the enforcement of the reporting, repairing, and

 

replacement standards under subsection (8). The information

 

required to be provided under this subsection shall be is

 

considered commercial information under section 210, and the

 

information submitted shall be is exempt from the freedom of

 

information act, Act No. 442 of the Public Acts of 1976, being

 

sections 15.231 to 15.246 of the Michigan Compiled Laws.1976 PA

 

442, MCL 15.231 to 15.246.

 

     (2) The registration shall be accompanied by a registration

 

fee of $100.00.

 

     (3) The registration is effective immediately upon filing with

 

the commission and the payment of the registration fee. and shall

 

remain in effect for 1 year from its effective date.

 

     (4) A registration may be renewed for 1 year by filing with

 

the commission a renewal registration on a form provided by the

 

commission and the payment of a renewal fee of $100.00.

 

     (4) (5) The commission shall establish a toll-free number that

 

can be dialed to report to the commission a payphone that is

 

inoperative. The toll-free number shall be conspicuously displayed

 

by the provider on or near each payphone.

 

     (5) (6) If the commission receives a report pursuant to under

 

subsection (5), (4), it shall immediately notify the provider of

 

the inoperative payphone.

 

     (6) (7) After consulting with providers of payphone service,

 


local units of government, and other interested parties, the

 

commission shall promulgate rules or issue orders under section 213

 

to establish and enforce quality standards in the providing of

 

payphone service.

 

     (7) (8) Except as provided in subsection (9), (8), a local

 

unit of government shall not regulate payphone service.

 

     (8) (9) A local unit of government may enforce the reporting,

 

repairing, and replacement of inoperative payphones within its

 

jurisdiction by adopting an ordinance that conforms to the

 

standards established by the commission under subsection (7). (6).

 

A local unit of government shall not impose standards greater than

 

these those established by the commission.

 

     Sec. 502. (1) A provider of a basic local exchange service

 

shall not do any of the following:

 

     (a) Make a statement or representation, including the omission

 

of material information, regarding the rates, terms, or conditions

 

of providing a service that is intentionally false, misleading, or

 

deceptive. As used in this subdivision, "material information"

 

includes, but is not limited to, a good faith estimate of all

 

applicable fees, taxes, and charges that will be billed to the end-

 

user, regardless of whether the fees, taxes, or charges are

 

authorized by state or federal law.

 

     (b) Charge an end-user for a subscribed service for which the

 

end-user did not make an initial affirmative order. Failure to

 

refuse an offered or proposed subscribed service is not an

 

affirmative order for the service.

 

     (c) If an end-user has canceled a service, charge the end-user

 


for service provided after the effective date the service was

 

canceled.

 

     (d) Cause a probability of confusion or a misunderstanding as

 

to the legal rights, obligations, or remedies of a party to a

 

transaction by making an intentionally false, deceptive, or

 

misleading statement or by failing to inform the customer of a

 

material fact, the omission of which is deceptive or misleading.

 

     (e) Represent or imply that the subject of a transaction will

 

be provided promptly, or at a specified time, or within a

 

reasonable time, if the provider knows or has reason to know it

 

will not be so provided.

 

     (f) Require the purchase of a regulated service of the

 

provider as a condition of purchasing an unregulated service.

 

     (g) If a bona fide dispute exists between a customer and the

 

provider, disconnect the service to the customer before the

 

resolution of that dispute.for nonpayment of that disputed amount.

 

     (2) When the commission has authority to bring a proceeding

 

for a violation of this section, the commission may accept an

 

assurance of discontinuance of a method, act, or practice that is

 

alleged to be unlawful under this section from the person who is

 

alleged to have engaged, be engaging, or be about to engage in the

 

method, act, or practice. The assurance of discontinuance is not an

 

admission of guilt and shall not be introduced in any other

 

proceeding. Unless rescinded by the parties or voided by the court

 

for good cause, the parties to the assurance of discontinuance may

 

enforce the assurance in circuit court. The assurance of

 

discontinuance may include a stipulation for any of the following:

 


     (a) The voluntary payment by the person for the cost of

 

investigation.

 

     (b) An amount to be held in escrow pending the outcome of an

 

action.

 

     (c) An amount for restitution to an aggrieved person.