HOUSE BILL NO. 4918 May 25, 2021, Introduced by Reps. Camilleri, Young, Puri, Aiyash, Rogers, Hope, Hood, Hammoud, Pohutsky, Weiss, Manoogian, Morse, Cavanagh, Brabec, Cynthia Johnson, Haadsma, Sowerby, Tyrone Carter, Steckloff, Garza, Rabhi, LaGrand and Ellison and referred to the Committee on Communications and Technology. A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending sections 102, 103, 201, 202, 205, 210, 213, 303, 304, 305, 305a, 305b, 313, 353a, 401, 502, and 503 (MCL 484.2102, 484.2103, 484.2201, 484.2202, 484.2205, 484.2210, 484.2213, 484.2303, 484.2304, 484.2305, 484.2305a, 484.2305b, 484.2313, 484.2353a, 484.2401, 484.2502, and 484.2503), sections 102, 201, 202, 205, 210, 213, 303, 305, 305a, 305b, 353a, 401, and 503 as amended by 2011 PA 58 and sections 103, 304, 313, and 502 as RMW H00378'21
HOUSE BILL NO. 4918 May 25, 2021, Introduced by Reps. Camilleri, Young, Puri, Aiyash, Rogers, Hope, Hood, Hammoud, Pohutsky, Weiss, Manoogian, Morse, Cavanagh, Brabec, Cynthia Johnson, Haadsma, Sowerby, Tyrone Carter, Steckloff, Garza, Rabhi, LaGrand and Ellison and referred to the Committee on Communications and Technology. A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending sections 102, 103, 201, 202, 205, 210, 213, 303, 304, 305, 305a, 305b, 313, 353a, 401, 502, and 503 (MCL 484.2102, 484.2103, 484.2201, 484.2202, 484.2205, 484.2210, 484.2213, 484.2303, 484.2304, 484.2305, 484.2305a, 484.2305b, 484.2313, 484.2353a, 484.2401, 484.2502, and 484.2503), sections 102, 201, 202, 205, 210, 213, 303, 305, 305a, 305b, 353a, 401, and 503 as amended by 2011 PA 58 and sections 103, 304, 313, and 502 as RMW H00378'21
2 amended by 2014 PA 52, and by adding sections 301a, 306, 308, 309b, 311, 312, 314, 321, 362, 504, and 602. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 102. As used in this act: 2 (a) "Access service" means access to a local exchange network 3 for the purpose of enabling a provider to originate or terminate 4 telecommunication services within the local exchange. Except for 5 end-user common line services, access service does not include 6 access service to a person who is not a provider. 7 (b) "Basic local exchange service" or "local exchange service" 8 means the provision of an access line and usage within a local 9 calling area for the transmission of high-quality 2-way interactive 10 switched voice or data communication. 11 (c) "Broadband service" means a mass-market retail service 12 capable of transmitting data over an access line at a rate greater 13 than 200 kilobits per second.by wire or radio provided to customers 14 in this state that provides the capability to transmit data to, and 15 receive data from, all or substantially all internet endpoints, 16 including, but not limited to, any capabilities that are incidental 17 to and enable the operation of the communications service, but 18 excluding dial-up internet access service. Broadband service 19 includes any service provided to customers in this state that 20 provides a functional equivalent of a service described in this 21 subdivision or that is used to evade the protections of this act. 22 (d) "Cable service" means 1-way transmission to subscribers of 23 video programming or other programming services and subscriber 24 interaction for the selection of video programming or other 25 programming services. 26 (e) "Commission" means the Michigan public service commission. RMW H00378'21
2 amended by 2014 PA 52, and by adding sections 301a, 306, 308, 309b, 311, 312, 314, 321, 362, 504, and 602. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 102. As used in this act: 2 (a) "Access service" means access to a local exchange network 3 for the purpose of enabling a provider to originate or terminate 4 telecommunication services within the local exchange. Except for 5 end-user common line services, access service does not include 6 access service to a person who is not a provider. 7 (b) "Basic local exchange service" or "local exchange service" 8 means the provision of an access line and usage within a local 9 calling area for the transmission of high-quality 2-way interactive 10 switched voice or data communication. 11 (c) "Broadband service" means a mass-market retail service 12 capable of transmitting data over an access line at a rate greater 13 than 200 kilobits per second.by wire or radio provided to customers 14 in this state that provides the capability to transmit data to, and 15 receive data from, all or substantially all internet endpoints, 16 including, but not limited to, any capabilities that are incidental 17 to and enable the operation of the communications service, but 18 excluding dial-up internet access service. Broadband service 19 includes any service provided to customers in this state that 20 provides a functional equivalent of a service described in this 21 subdivision or that is used to evade the protections of this act. 22 (d) "Cable service" means 1-way transmission to subscribers of 23 video programming or other programming services and subscriber 24 interaction for the selection of video programming or other 25 programming services. 26 (e) "Commission" means the Michigan public service commission. RMW H00378'21
3 1 (f) "Contested case" or "case" means a proceeding contested 2 case as that term is defined in section 3 of the administrative 3 procedures act of 1969, 1969 PA 306, MCL 24.203. 4 (g) "Educational institution" means a public educational 5 institution or a private non-profit educational institution 6 approved by the department of education to provide a program of 7 primary, secondary, or higher education, a public library, or a 8 nonprofit association or consortium whose primary purpose is 9 education. A nonprofit association or consortium under this 10 subdivision shall consist of 2 or more of the following: 11 (i) Public educational institutions. 12 (ii) Nonprofit educational institutions approved by the 13 department of education. 14 (iii) The state board of education. 15 (iv) Telecommunication providers. 16 (v) A nonprofit association of educational institutions or 17 consortium of educational institutions. 18 (h) "End user" means the retail subscriber of a 19 telecommunication service. 20 (i) "Energy management services" means a service of a public 21 utility providing electric power, heat, or light for energy use 22 management, energy use control, energy use information, and energy 23 use communication. 24 (j) "Exchange" means 1 or more contiguous central offices and 25 all associated facilities within a geographical area in which basic 26 local exchange service is offered by a provider. 27 (k) "Information services" or "enhanced services" means the 28 offering of a capability for generating, acquiring, storing, 29 transforming, processing, retrieving, utilizing, or making RMW H00378'21
3 1 (f) "Contested case" or "case" means a proceeding contested 2 case as that term is defined in section 3 of the administrative 3 procedures act of 1969, 1969 PA 306, MCL 24.203. 4 (g) "Educational institution" means a public educational 5 institution or a private non-profit educational institution 6 approved by the department of education to provide a program of 7 primary, secondary, or higher education, a public library, or a 8 nonprofit association or consortium whose primary purpose is 9 education. A nonprofit association or consortium under this 10 subdivision shall consist of 2 or more of the following: 11 (i) Public educational institutions. 12 (ii) Nonprofit educational institutions approved by the 13 department of education. 14 (iii) The state board of education. 15 (iv) Telecommunication providers. 16 (v) A nonprofit association of educational institutions or 17 consortium of educational institutions. 18 (h) "End user" means the retail subscriber of a 19 telecommunication service. 20 (i) "Energy management services" means a service of a public 21 utility providing electric power, heat, or light for energy use 22 management, energy use control, energy use information, and energy 23 use communication. 24 (j) "Exchange" means 1 or more contiguous central offices and 25 all associated facilities within a geographical area in which basic 26 local exchange service is offered by a provider. 27 (k) "Information services" or "enhanced services" means the 28 offering of a capability for generating, acquiring, storing, 29 transforming, processing, retrieving, utilizing, or making RMW H00378'21
4 1 available information, including energy management services, that 2 is conveyed by telecommunications. Information services or enhanced 3 services do not include the use of that capability for the 4 management, control, or operation of a telecommunications system or 5 the management of a telecommunications service. 6 (l) "Interconnection" means the technical arrangements and 7 other elements necessary to permit the connection between the 8 switched networks of 2 or more providers to enable a 9 telecommunication service originating on the network of 1 provider 10 to terminate on the network of another provider. 11 (m) "License" means a license issued under this act. 12 (n) "Line" or "access line" means the medium over which a 13 telecommunication user connects into the local exchange. 14 (o) "Local calling area" means a geographic area encompassing 15 1 or more local communities as described in maps, tariffs, or rate 16 schedules filed with and approved by the commission. 17 (p) "Local directory assistance" means the provision by 18 telephone of a listed telephone number within the caller's area 19 code. 20 (q) "Local exchange rate" means the monthly and usage rate, 21 including all necessary and attendant charges, imposed for basic 22 local exchange service to customers. 23 (r) "Loop" means the transmission facility between the network 24 interface on a subscriber's premises and the main distribution 25 frame in the servicing central office. 26 (s) "Operator service" means a telecommunication service that 27 includes automatic or live assistance to a person to arrange for 28 completion and billing of a telephone call originating within this 29 state that is specified by the caller through a method other than 1 RMW H00378'21
4 1 available information, including energy management services, that 2 is conveyed by telecommunications. Information services or enhanced 3 services do not include the use of that capability for the 4 management, control, or operation of a telecommunications system or 5 the management of a telecommunications service. 6 (l) "Interconnection" means the technical arrangements and 7 other elements necessary to permit the connection between the 8 switched networks of 2 or more providers to enable a 9 telecommunication service originating on the network of 1 provider 10 to terminate on the network of another provider. 11 (m) "License" means a license issued under this act. 12 (n) "Line" or "access line" means the medium over which a 13 telecommunication user connects into the local exchange. 14 (o) "Local calling area" means a geographic area encompassing 15 1 or more local communities as described in maps, tariffs, or rate 16 schedules filed with and approved by the commission. 17 (p) "Local directory assistance" means the provision by 18 telephone of a listed telephone number within the caller's area 19 code. 20 (q) "Local exchange rate" means the monthly and usage rate, 21 including all necessary and attendant charges, imposed for basic 22 local exchange service to customers. 23 (r) "Loop" means the transmission facility between the network 24 interface on a subscriber's premises and the main distribution 25 frame in the servicing central office. 26 (s) "Operator service" means a telecommunication service that 27 includes automatic or live assistance to a person to arrange for 28 completion and billing of a telephone call originating within this 29 state that is specified by the caller through a method other than 1 RMW H00378'21
5 1 of the following: 2 (i) Automatic completion with billing to the telephone from 3 which the call originated. 4 (ii) Completion through an access code or a proprietary account 5 number used by the person, with billing to an account previously 6 established with the provider by the person. 7 (iii) Completion in association with directory assistance 8 services. 9 (t) "Operator service provider" or "OSP" means a provider of 10 operator service. 11 (u) "Payphone service" means a telephone call provided from a 12 public, semipublic, or individually owned and operated telephone 13 that is available to the public and is accessed by the depositing 14 of coin or currency or by other means of payment at the time the 15 call is made. 16 (v) "Person" means an individual, corporation, partnership, 17 association, governmental entity, or any other legal entity. 18 (w) "Person with disabilities" means an individual who has 1 19 or more of the following physical characteristics: 20 (i) Blindness. 21 (ii) Inability to ambulate more than 200 feet without having to 22 stop and rest during any time of the year. 23 (iii) Loss of use of 1 or both legs or feet. 24 (iv) Inability to ambulate without the prolonged use of a 25 wheelchair, walker, crutches, braces, or other device required to 26 aid mobility. 27 (v) A lung disease from which the individual's expiratory 28 volume for 1 second, when measured by spirometry, is less than 1 29 liter, or from which the individual's arterial oxygen tension is RMW H00378'21
5 1 of the following: 2 (i) Automatic completion with billing to the telephone from 3 which the call originated. 4 (ii) Completion through an access code or a proprietary account 5 number used by the person, with billing to an account previously 6 established with the provider by the person. 7 (iii) Completion in association with directory assistance 8 services. 9 (t) "Operator service provider" or "OSP" means a provider of 10 operator service. 11 (u) "Payphone service" means a telephone call provided from a 12 public, semipublic, or individually owned and operated telephone 13 that is available to the public and is accessed by the depositing 14 of coin or currency or by other means of payment at the time the 15 call is made. 16 (v) "Person" means an individual, corporation, partnership, 17 association, governmental entity, or any other legal entity. 18 (w) "Person with disabilities" means an individual who has 1 19 or more of the following physical characteristics: 20 (i) Blindness. 21 (ii) Inability to ambulate more than 200 feet without having to 22 stop and rest during any time of the year. 23 (iii) Loss of use of 1 or both legs or feet. 24 (iv) Inability to ambulate without the prolonged use of a 25 wheelchair, walker, crutches, braces, or other device required to 26 aid mobility. 27 (v) A lung disease from which the individual's expiratory 28 volume for 1 second, when measured by spirometry, is less than 1 29 liter, or from which the individual's arterial oxygen tension is RMW H00378'21
6 1 less than 60 mm/hg of room air at rest. 2 (vi) A cardiovascular disease from which the individual 3 measures between 3 and 4 on the New York heart Heart Association 4 classification scale, or from which a marked limitation of physical 5 activity causes fatigue, palpitation, dyspnea, or anginal pain. 6 (vii) Other diagnosed disease or disorder including, but not 7 limited to, severe arthritis or a neurological or orthopedic 8 impairment that creates a severe mobility limitation. 9 (x) "Port", except for the loop, means the entirety of local 10 exchange, including dial tone, a telephone number, switching 11 software, local calling, and access to directory assistance, a 12 white pages listing, operator services, and interexchange and 13 intra-LATA toll carriers. 14 (y) "Public safety system" means a communication system 15 operated by a public entity to provide emergency police, fire, 16 medical, and other first responder services. Public safety system 17 includes the Michigan state police communication system. 18 (z) "Reasonable rate" or "just and reasonable rate" means a 19 rate that is not inadequate, excessive, or unreasonably 20 discriminatory. 21 (aa) "Residential customer" means a person to whom 22 telecommunication services are furnished predominantly for personal 23 or domestic purposes at the person's dwelling. 24 (bb) "Special access" means the provision of access service, 25 other than switched access service, to a local exchange network for 26 the purpose of enabling a provider to originate or terminate 27 telecommunication service within the exchange, including the use of 28 local private lines. 29 (cc) "State institution of higher education" means an RMW H00378'21
6 1 less than 60 mm/hg of room air at rest. 2 (vi) A cardiovascular disease from which the individual 3 measures between 3 and 4 on the New York heart Heart Association 4 classification scale, or from which a marked limitation of physical 5 activity causes fatigue, palpitation, dyspnea, or anginal pain. 6 (vii) Other diagnosed disease or disorder including, but not 7 limited to, severe arthritis or a neurological or orthopedic 8 impairment that creates a severe mobility limitation. 9 (x) "Port", except for the loop, means the entirety of local 10 exchange, including dial tone, a telephone number, switching 11 software, local calling, and access to directory assistance, a 12 white pages listing, operator services, and interexchange and 13 intra-LATA toll carriers. 14 (y) "Public safety system" means a communication system 15 operated by a public entity to provide emergency police, fire, 16 medical, and other first responder services. Public safety system 17 includes the Michigan state police communication system. 18 (z) "Reasonable rate" or "just and reasonable rate" means a 19 rate that is not inadequate, excessive, or unreasonably 20 discriminatory. 21 (aa) "Residential customer" means a person to whom 22 telecommunication services are furnished predominantly for personal 23 or domestic purposes at the person's dwelling. 24 (bb) "Special access" means the provision of access service, 25 other than switched access service, to a local exchange network for 26 the purpose of enabling a provider to originate or terminate 27 telecommunication service within the exchange, including the use of 28 local private lines. 29 (cc) "State institution of higher education" means an RMW H00378'21
7 1 institution of higher education described in sections 4, 5, and 6 2 of article VIII of the state constitution of 1963. 3 (dd) "Telecommunications act of 1996" means Public Law 104- 4 104. 5 (ee) "Telecommunication provider" or "provider" means a person 6 that for compensation provides 1 or more telecommunication 7 services. Telecommunication provider does not include a provider of 8 commercial mobile service as that term is defined in section 9 332(d)(1) of the telecommunications act of 1996, 47 USC 332. 10 (ff) "Telecommunication services" or "services" includes 11 regulated and unregulated services offered to customers for the 12 transmission of 2-way interactive communication and associated 13 usage. A telecommunication service is not a public utility service. 14 (gg) "Toll service" means the transmission of 2-way 15 interactive switched communication between local calling areas. 16 Toll service does not include individually negotiated contracts for 17 similar telecommunication services or wide area telecommunications 18 service. 19 (hh) "Total service long run incremental cost" means, given 20 current service demand, including associated costs of every 21 component necessary to provide the service, 1 of the following: 22 (i) The total forward-looking cost of a telecommunication 23 service, relevant group of services, or basic network component, 24 using current least cost technology that would be required if the 25 provider had never offered the service. 26 (ii) The total cost that the provider would incur if the 27 provider were to initially offer the service, group of services, or 28 basic network component. 29 (ii) "Wide area telecommunications service" or "WATS" means RMW H00378'21
7 1 institution of higher education described in sections 4, 5, and 6 2 of article VIII of the state constitution of 1963. 3 (dd) "Telecommunications act of 1996" means Public Law 104- 4 104. 5 (ee) "Telecommunication provider" or "provider" means a person 6 that for compensation provides 1 or more telecommunication 7 services. Telecommunication provider does not include a provider of 8 commercial mobile service as that term is defined in section 9 332(d)(1) of the telecommunications act of 1996, 47 USC 332. 10 (ff) "Telecommunication services" or "services" includes 11 regulated and unregulated services offered to customers for the 12 transmission of 2-way interactive communication and associated 13 usage. A telecommunication service is not a public utility service. 14 (gg) "Toll service" means the transmission of 2-way 15 interactive switched communication between local calling areas. 16 Toll service does not include individually negotiated contracts for 17 similar telecommunication services or wide area telecommunications 18 service. 19 (hh) "Total service long run incremental cost" means, given 20 current service demand, including associated costs of every 21 component necessary to provide the service, 1 of the following: 22 (i) The total forward-looking cost of a telecommunication 23 service, relevant group of services, or basic network component, 24 using current least cost technology that would be required if the 25 provider had never offered the service. 26 (ii) The total cost that the provider would incur if the 27 provider were to initially offer the service, group of services, or 28 basic network component. 29 (ii) "Wide area telecommunications service" or "WATS" means RMW H00378'21
8 1 the transmission of 2-way interactive switched communication over a 2 dedicated access line. 3 Sec. 103. (1) Except as otherwise provided in this act, this 4 act shall does not be construed to prevent any person from 5 providing telecommunication services in competition with another 6 telecommunication provider. 7 (2) The commission shall maintain a publicly available 8 database of providers in each exchange that are licensed to or 9 otherwise provide toll and local exchange service in this state. 10 submit an annual report describing the status of competition in 11 telecommunication services, including broadband access, in this 12 state, including, but not limited to, the toll and local exchange 13 service markets in this state. The report required under this 14 section must be submitted to the governor and the house and senate 15 standing committees with oversight of telecommunication issues. 16 (3) A provider shall submit to the commission all information 17 requested by the commission necessary for the preparation and 18 maintenance of the database annual report under this section. 19 Sec. 201. (1) Except as otherwise provided by this act or 20 federal law, the commission has the jurisdiction and authority to 21 administer this act and all federal telecommunications laws, rules, 22 orders, and regulations that are delegated to the state. , 23 including, but not limited to, the authority to arbitrate and 24 enforce interconnection agreements and to establish rates in 25 accordance with the standards set forth by applicable law. 26 (2) The commission has the jurisdiction and authority to 27 regulate all providers of broadband service. 28 (3) The commission shall exercise its jurisdiction and 29 authority consistent with this act and all federal RMW H00378'21
8 1 the transmission of 2-way interactive switched communication over a 2 dedicated access line. 3 Sec. 103. (1) Except as otherwise provided in this act, this 4 act shall does not be construed to prevent any person from 5 providing telecommunication services in competition with another 6 telecommunication provider. 7 (2) The commission shall maintain a publicly available 8 database of providers in each exchange that are licensed to or 9 otherwise provide toll and local exchange service in this state. 10 submit an annual report describing the status of competition in 11 telecommunication services, including broadband access, in this 12 state, including, but not limited to, the toll and local exchange 13 service markets in this state. The report required under this 14 section must be submitted to the governor and the house and senate 15 standing committees with oversight of telecommunication issues. 16 (3) A provider shall submit to the commission all information 17 requested by the commission necessary for the preparation and 18 maintenance of the database annual report under this section. 19 Sec. 201. (1) Except as otherwise provided by this act or 20 federal law, the commission has the jurisdiction and authority to 21 administer this act and all federal telecommunications laws, rules, 22 orders, and regulations that are delegated to the state. , 23 including, but not limited to, the authority to arbitrate and 24 enforce interconnection agreements and to establish rates in 25 accordance with the standards set forth by applicable law. 26 (2) The commission has the jurisdiction and authority to 27 regulate all providers of broadband service. 28 (3) The commission shall exercise its jurisdiction and 29 authority consistent with this act and all federal RMW H00378'21
9 1 telecommunications laws, rules, orders, and regulations. 2 Sec. 202. (1) In addition to the other powers and duties 3 prescribed by this act, the commission shall do all of the 4 following: 5 (a) Establish by order the manner and form in which 6 telecommunication providers of regulated services within the state 7 keep accounts, books of accounts, and records in order to determine 8 the total service long-run incremental cost requirements of this 9 act of providing a service. The commission requirements under this 10 subdivision shall must be consistent with any regulations covering 11 the same subject matter made by the federal communications 12 commission.Federal Communications Commission. 13 (b) Except as otherwise provided in this subdivision, require 14 Require by order that a provider of a regulated service, including 15 access service, make available for public inspection and file with 16 the commission a schedule of the provider's rates, services, and 17 conditions of service, including access service provided by 18 contract. Except for access service, a provider is exempt from any 19 commission order requiring that provider to file with the 20 commission its rates, services, and conditions of regulated service 21 if the provider files a certification with the commission opting 22 out of the filing requirement. A certification under this 23 subdivision shall be signed by an officer of the provider. 24 (c) Promulgate rules under section 213 to establish and 25 enforce quality standards for all of the following: 26 (i) The provision of basic local exchange service to end users. 27 (ii) The provision of unbundled network elements and local 28 interconnection services to providers that are used in the 29 provision of basic local exchange service. RMW H00378'21
9 1 telecommunications laws, rules, orders, and regulations. 2 Sec. 202. (1) In addition to the other powers and duties 3 prescribed by this act, the commission shall do all of the 4 following: 5 (a) Establish by order the manner and form in which 6 telecommunication providers of regulated services within the state 7 keep accounts, books of accounts, and records in order to determine 8 the total service long-run incremental cost requirements of this 9 act of providing a service. The commission requirements under this 10 subdivision shall must be consistent with any regulations covering 11 the same subject matter made by the federal communications 12 commission.Federal Communications Commission. 13 (b) Except as otherwise provided in this subdivision, require 14 Require by order that a provider of a regulated service, including 15 access service, make available for public inspection and file with 16 the commission a schedule of the provider's rates, services, and 17 conditions of service, including access service provided by 18 contract. Except for access service, a provider is exempt from any 19 commission order requiring that provider to file with the 20 commission its rates, services, and conditions of regulated service 21 if the provider files a certification with the commission opting 22 out of the filing requirement. A certification under this 23 subdivision shall be signed by an officer of the provider. 24 (c) Promulgate rules under section 213 to establish and 25 enforce quality standards for all of the following: 26 (i) The provision of basic local exchange service to end users. 27 (ii) The provision of unbundled network elements and local 28 interconnection services to providers that are used in the 29 provision of basic local exchange service. RMW H00378'21
10 1 (iii) The timely and complete transfer of an end user from 1 2 provider of basic local exchange service to another provider. 3 (iv) Providers of basic local exchange service that cease to 4 provide the service to any segment of end users or geographic area, 5 go out of business, or withdraw from the state, including the 6 transfer of customers to other providers and the reclaiming of 7 unused telephone numbers. 8 The provision of broadband service in this state (v) 9 including, but not limited to, network resiliency, public safety, 10 billing transparency, service quality, dispute resolution, 11 nondiscriminatory treatment, service for vulnerable populations, 12 and discontinuance of service. 13 (2) Rules promulgated under subsection (1)(c) shall must 14 include remedies for the enforcement of the rules that are 15 consistent with this act and federal law. Rules promulgated under 16 subsection (1)(c)(ii) shall do not apply to the provision of 17 unbundled network elements and local interconnection services 18 subject to quality standards in an interconnection agreement 19 approved by the commission. In promulgating any rules under 20 subsection (1)(c), the commission shall consider to what extent 21 current market conditions are sufficient to provide adequate 22 service quality to basic local exchange service end users. Any 23 service quality rules promulgated by the commission shall expire 24 within 3 years of after the effective date of the rules. The 25 commission may, before the expiration of the rules, promulgate new 26 rules under subsection (1)(c). However, the commission may 27 promulgate new rules under subsection (1)(c)(iii) at any time. Any 28 service quality rules promulgated by the commission under 29 subsection (1)(c)(i) and any retail service quality rules RMW H00378'21
10 1 (iii) The timely and complete transfer of an end user from 1 2 provider of basic local exchange service to another provider. 3 (iv) Providers of basic local exchange service that cease to 4 provide the service to any segment of end users or geographic area, 5 go out of business, or withdraw from the state, including the 6 transfer of customers to other providers and the reclaiming of 7 unused telephone numbers. 8 The provision of broadband service in this state (v) 9 including, but not limited to, network resiliency, public safety, 10 billing transparency, service quality, dispute resolution, 11 nondiscriminatory treatment, service for vulnerable populations, 12 and discontinuance of service. 13 (2) Rules promulgated under subsection (1)(c) shall must 14 include remedies for the enforcement of the rules that are 15 consistent with this act and federal law. Rules promulgated under 16 subsection (1)(c)(ii) shall do not apply to the provision of 17 unbundled network elements and local interconnection services 18 subject to quality standards in an interconnection agreement 19 approved by the commission. In promulgating any rules under 20 subsection (1)(c), the commission shall consider to what extent 21 current market conditions are sufficient to provide adequate 22 service quality to basic local exchange service end users. Any 23 service quality rules promulgated by the commission shall expire 24 within 3 years of after the effective date of the rules. The 25 commission may, before the expiration of the rules, promulgate new 26 rules under subsection (1)(c). However, the commission may 27 promulgate new rules under subsection (1)(c)(iii) at any time. Any 28 service quality rules promulgated by the commission under 29 subsection (1)(c)(i) and any retail service quality rules RMW H00378'21
11 1 promulgated before January 1, 2006 shall expire on June 30, 2011. 2 (3) The commission shall permit the electronic filing of any 3 pleadings, tariffs, or any other document required or allowed to be 4 filed with the commission under this act. 5 Sec. 205. (1) The commission may investigate and resolve 6 complaints under this act. The penalties under this act shall must 7 not be imposed for a violation that occurred more than 2 years 8 before the date the complaint was filed. 9 (2) If the commission finds, after notice and hearing, that 10 the rates, quality, general availability, or conditions for a 11 regulated service, including broadband, violate this act, an order 12 of the commission under this act, or is adverse to the public 13 interest, the commission may require changes in how the 14 telecommunication services are provided. The commission's authority 15 includes, but is not limited to, the revocation of a license and 16 issuing cease and desist orders. 17 Sec. 210. (1) Except under the terms of a mandatory protective 18 order, trade secrets and commercial or financial information 19 submitted under this act are exempt from disclosure under the 20 freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. 21 (2) If information is disclosed under a mandatory protective 22 order, then the information may be included in the commission's 23 evidentiary record if admissible, but shall remain remains 24 confidential. 25 (3) There is a rebuttable presumption that cost studies, 26 customer usage data, marketing studies, and contracts between 27 providers are trade secrets or commercial or financial information 28 protected under subsection (1). The burden of removing the 29 presumption under this subsection is with the party seeking to have RMW H00378'21
11 1 promulgated before January 1, 2006 shall expire on June 30, 2011. 2 (3) The commission shall permit the electronic filing of any 3 pleadings, tariffs, or any other document required or allowed to be 4 filed with the commission under this act. 5 Sec. 205. (1) The commission may investigate and resolve 6 complaints under this act. The penalties under this act shall must 7 not be imposed for a violation that occurred more than 2 years 8 before the date the complaint was filed. 9 (2) If the commission finds, after notice and hearing, that 10 the rates, quality, general availability, or conditions for a 11 regulated service, including broadband, violate this act, an order 12 of the commission under this act, or is adverse to the public 13 interest, the commission may require changes in how the 14 telecommunication services are provided. The commission's authority 15 includes, but is not limited to, the revocation of a license and 16 issuing cease and desist orders. 17 Sec. 210. (1) Except under the terms of a mandatory protective 18 order, trade secrets and commercial or financial information 19 submitted under this act are exempt from disclosure under the 20 freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. 21 (2) If information is disclosed under a mandatory protective 22 order, then the information may be included in the commission's 23 evidentiary record if admissible, but shall remain remains 24 confidential. 25 (3) There is a rebuttable presumption that cost studies, 26 customer usage data, marketing studies, and contracts between 27 providers are trade secrets or commercial or financial information 28 protected under subsection (1). The burden of removing the 29 presumption under this subsection is with the party seeking to have RMW H00378'21
12 1 the information disclosed. 2 (4) Information regarding settlement, including a recommended 3 settlement issued by a mediator in a proceeding, shall be disclosed 4 only to the parties to the proceeding unless all parties consent to 5 disclosure. A mediator's recommended settlement may be disclosed to 6 the commission after the commission has issued a final order. The 7 administrative law judge assigned to any contested case proceeding 8 arising from a mediation shall not be made aware of the acceptance 9 or rejection by the parties of the recommended settlement, or the 10 terms of the recommended settlement. The parties to the mediation 11 shall not disclose or reveal the terms of the recommended 12 settlement to anyone other than the parties to the mediation. 13 Sec. 213. (1) Subject to section 201, and limited to its 14 specific authority over a service as provided under this act, the 15 commission may promulgate rules under the administrative procedures 16 act of 1969, 1969 PA 306, MCL 24.201 to 24.328. 17 (2) A proceeding before the commission to promulgate rules 18 under this act shall must be concluded within 180 days from after 19 the date that the proceeding is initiated. 20 (3) The following administrative rules are rescinded: 21 (a) Privacy standards for telecommunication services, R 22 484.201 to R 484.208 of the Michigan administrative code. 23 (b) Billing standards for basic residential telecommunication 24 service, R 484.301 to R 484.386 of the Michigan administrative 25 code. 26 (c) Telecommunications service quality, R 484.519 to R 484.571 27 of the Michigan administrative code. 28 Sec. 301a. A provider licensed under this act shall offer 29 primary basic local exchange service to each residential customer RMW H00378'21
12 1 the information disclosed. 2 (4) Information regarding settlement, including a recommended 3 settlement issued by a mediator in a proceeding, shall be disclosed 4 only to the parties to the proceeding unless all parties consent to 5 disclosure. A mediator's recommended settlement may be disclosed to 6 the commission after the commission has issued a final order. The 7 administrative law judge assigned to any contested case proceeding 8 arising from a mediation shall not be made aware of the acceptance 9 or rejection by the parties of the recommended settlement, or the 10 terms of the recommended settlement. The parties to the mediation 11 shall not disclose or reveal the terms of the recommended 12 settlement to anyone other than the parties to the mediation. 13 Sec. 213. (1) Subject to section 201, and limited to its 14 specific authority over a service as provided under this act, the 15 commission may promulgate rules under the administrative procedures 16 act of 1969, 1969 PA 306, MCL 24.201 to 24.328. 17 (2) A proceeding before the commission to promulgate rules 18 under this act shall must be concluded within 180 days from after 19 the date that the proceeding is initiated. 20 (3) The following administrative rules are rescinded: 21 (a) Privacy standards for telecommunication services, R 22 484.201 to R 484.208 of the Michigan administrative code. 23 (b) Billing standards for basic residential telecommunication 24 service, R 484.301 to R 484.386 of the Michigan administrative 25 code. 26 (c) Telecommunications service quality, R 484.519 to R 484.571 27 of the Michigan administrative code. 28 Sec. 301a. A provider licensed under this act shall offer 29 primary basic local exchange service to each residential customer RMW H00378'21
13 1 within the provider's service area where the provider is offering 2 residential basic local exchange service. 3 Sec. 303. (1) The sale or transfer of shares of stock of a 4 provider of primary basic local exchange service is not a sale or 5 transfer of a license or a discontinuance of service. 6 (2) The commission has the authority to approve or deny a 7 proposed addition, elimination, or modification of an area code in 8 this state. The commission shall give public notice and shall 9 conduct a public hearing in the affected geographic area before an 10 addition, elimination, or modification of an area code is made in 11 this state. 12 (3) A license issued under this act is not transferable to an 13 unlicensed provider. 14 (4) In case of the bankruptcy of a licensed provider, the 15 commission shall establish the procedures for the transfer of the 16 license to another qualified provider. 17 Sec. 304. (1) The rates for primary basic local exchange 18 service must be just and reasonable. Each provider shall set the 19 initial rates for primary basic local exchange service. Except as 20 provided under section 310a or a higher rate approved by the 21 commission under subsection (2)(d), the initial rates may not 22 exceed the rates for the lowest cost calling plan that includes a 23 limited number of outgoing calls of the provider in place before 24 the rates are set under this subsection. If a provider does not 25 offer a calling plan with a limited number of outgoing calls, the 26 provider shall set the initial rate for primary basic local 27 exchange service that must be just and reasonable and is subject to 28 commission review. 29 (2) A provider may alter its rates for primary basic local RMW H00378'21
13 1 within the provider's service area where the provider is offering 2 residential basic local exchange service. 3 Sec. 303. (1) The sale or transfer of shares of stock of a 4 provider of primary basic local exchange service is not a sale or 5 transfer of a license or a discontinuance of service. 6 (2) The commission has the authority to approve or deny a 7 proposed addition, elimination, or modification of an area code in 8 this state. The commission shall give public notice and shall 9 conduct a public hearing in the affected geographic area before an 10 addition, elimination, or modification of an area code is made in 11 this state. 12 (3) A license issued under this act is not transferable to an 13 unlicensed provider. 14 (4) In case of the bankruptcy of a licensed provider, the 15 commission shall establish the procedures for the transfer of the 16 license to another qualified provider. 17 Sec. 304. (1) The rates for primary basic local exchange 18 service must be just and reasonable. Each provider shall set the 19 initial rates for primary basic local exchange service. Except as 20 provided under section 310a or a higher rate approved by the 21 commission under subsection (2)(d), the initial rates may not 22 exceed the rates for the lowest cost calling plan that includes a 23 limited number of outgoing calls of the provider in place before 24 the rates are set under this subsection. If a provider does not 25 offer a calling plan with a limited number of outgoing calls, the 26 provider shall set the initial rate for primary basic local 27 exchange service that must be just and reasonable and is subject to 28 commission review. 29 (2) A provider may alter its rates for primary basic local RMW H00378'21
14 1 exchange services by 1 or more of the following: 2 (a) Filing with the commission a notice of a reduction in a 3 primary basic local exchange rate. A rate alteration under this 4 subdivision is effective without commission review or approval. 5 (b) Filing with the commission a notice of an increase in a 6 primary basic local exchange rate to a level not to exceed the rate 7 established under subsection (1) or subdivisions (c) and (d). A 8 rate alteration under this subdivision is effective without 9 commission review or approval. 10 (c) Filing with the commission notice of an increase in a 11 basic local exchange rate that does not exceed 1% less than the 12 Consumer Price Index. Unless the commission determines that the 13 rate alteration exceeds the allowed increase under this 14 subdivision, the rate alteration takes effect 90 days after the 15 date of the notice required under subsection (3). As used in this 16 subdivision, "Consumer Price Index" means the most recent reported 17 annual average percentage increase in the Detroit Consumer Price 18 Index for all items for the prior 12-month period by the United 19 States Department of Labor. 20 (d) Filing with the commission an application to increase a 21 primary basic local exchange rate in an amount greater than that 22 allowed under subsection (1) or subdivision (c). The application 23 must be accompanied with sufficient documentary support that the 24 rate alteration is just and reasonable. The commission shall make a 25 determination within the 90-day period provided for in subsection 26 (5) of 1 of the following: 27 That the rate alteration is just and reasonable. (i) 28 That a filing under section 203 is necessary to review the (ii) 29 rate alteration. RMW H00378'21
14 1 exchange services by 1 or more of the following: 2 (a) Filing with the commission a notice of a reduction in a 3 primary basic local exchange rate. A rate alteration under this 4 subdivision is effective without commission review or approval. 5 (b) Filing with the commission a notice of an increase in a 6 primary basic local exchange rate to a level not to exceed the rate 7 established under subsection (1) or subdivisions (c) and (d). A 8 rate alteration under this subdivision is effective without 9 commission review or approval. 10 (c) Filing with the commission notice of an increase in a 11 basic local exchange rate that does not exceed 1% less than the 12 Consumer Price Index. Unless the commission determines that the 13 rate alteration exceeds the allowed increase under this 14 subdivision, the rate alteration takes effect 90 days after the 15 date of the notice required under subsection (3). As used in this 16 subdivision, "Consumer Price Index" means the most recent reported 17 annual average percentage increase in the Detroit Consumer Price 18 Index for all items for the prior 12-month period by the United 19 States Department of Labor. 20 (d) Filing with the commission an application to increase a 21 primary basic local exchange rate in an amount greater than that 22 allowed under subsection (1) or subdivision (c). The application 23 must be accompanied with sufficient documentary support that the 24 rate alteration is just and reasonable. The commission shall make a 25 determination within the 90-day period provided for in subsection 26 (5) of 1 of the following: 27 That the rate alteration is just and reasonable. (i) 28 That a filing under section 203 is necessary to review the (ii) 29 rate alteration. RMW H00378'21
15 1 (3) Notice to customers of a rate alteration is required for a 2 rate alteration under subsection (2)(c) or (d) and must be included 3 in or on the bill of each affected customer of the provider at 4 least 1 billing cycle before the effective date of the rate 5 alteration. 6 (4) The notice required under subsection (3) must contain at 7 least all of the following information: 8 (a) A statement that the customer's rate may change. 9 (b) An estimate of the amount of the annual change for the 10 typical residential customer that would result by the rate change. 11 (c) A statement that a customer may comment on or receive 12 complete details of the rate alteration by calling or writing the 13 commission. The statement must also include the telephone number 14 and address of the commission. Complete details of the rate 15 alteration must be provided free of charge to the customer at the 16 expense of the provider. 17 (5) Except as otherwise provided in subsections (2) and (6), 18 an altered primary basic local exchange rate takes effect 90 days 19 after the date of the notice required by subsection (3). 20 (6) On receipt of a complaint or pursuant to a determination 21 under subsection (2)(d), the commission may require a filing under 22 section 203 to review a proposed rate alteration under subsection 23 (2)(d). The commission's final order may approve, modify, or reject 24 the rate alteration. 25 (7) In reviewing a rate alteration under subsection (6), the 26 commission shall consider only 1 or more of the following factors 27 if relevant to the rate alteration as specified by the provider: 28 (a) Total service long run incremental cost of basic local 29 exchange services. RMW H00378'21
15 1 (3) Notice to customers of a rate alteration is required for a 2 rate alteration under subsection (2)(c) or (d) and must be included 3 in or on the bill of each affected customer of the provider at 4 least 1 billing cycle before the effective date of the rate 5 alteration. 6 (4) The notice required under subsection (3) must contain at 7 least all of the following information: 8 (a) A statement that the customer's rate may change. 9 (b) An estimate of the amount of the annual change for the 10 typical residential customer that would result by the rate change. 11 (c) A statement that a customer may comment on or receive 12 complete details of the rate alteration by calling or writing the 13 commission. The statement must also include the telephone number 14 and address of the commission. Complete details of the rate 15 alteration must be provided free of charge to the customer at the 16 expense of the provider. 17 (5) Except as otherwise provided in subsections (2) and (6), 18 an altered primary basic local exchange rate takes effect 90 days 19 after the date of the notice required by subsection (3). 20 (6) On receipt of a complaint or pursuant to a determination 21 under subsection (2)(d), the commission may require a filing under 22 section 203 to review a proposed rate alteration under subsection 23 (2)(d). The commission's final order may approve, modify, or reject 24 the rate alteration. 25 (7) In reviewing a rate alteration under subsection (6), the 26 commission shall consider only 1 or more of the following factors 27 if relevant to the rate alteration as specified by the provider: 28 (a) Total service long run incremental cost of basic local 29 exchange services. RMW H00378'21
16 1 (b) Comparison of the proposed rate to the rates charged by 2 other providers in this state for the same service. 3 (c) Whether a new function, feature, or capability is being 4 offered as a component of basic local exchange service. 5 (d) Whether there has been an increase in the costs to provide 6 basic local exchange service in the geographic area of the proposed 7 rate. 8 (e) Whether the provider's further investment in the network 9 infrastructure of the geographic area of the proposed rate is 10 economically justifiable without the proposed rate. 11 (8) A provider is allowed only 1 rate increase for each 12 regulated service during any 12-month period. 13 (9) A call made to a local calling area adjacent to the 14 caller's local calling area is considered a local call and shall 15 must be billed as a local call. Effective December 31, 2007, a call 16 made to a called party who is not located within the geographic 17 area of the caller's local calling area or an adjacent local 18 calling area as defined by the commission's order in case numbers 19 U-12515 and U-12528, dated February 5, 2001, is not a local call if 20 the tariff, service guide, or similar document containing the terms 21 and conditions of the provider originating the call does not 22 classify the call as a local call. 23 (10) An alteration by a provider to the rate of a package, 24 combination, or bundle of telecommunication or other services that 25 includes primary basic local exchange service is not subject to 26 this section as long as the primary basic local exchange service 27 component of the package, combination, or bundle is available for 28 purchase on a stand-alone basis. 29 (11) A provider shall offer its unregulated calling features RMW H00378'21
16 1 (b) Comparison of the proposed rate to the rates charged by 2 other providers in this state for the same service. 3 (c) Whether a new function, feature, or capability is being 4 offered as a component of basic local exchange service. 5 (d) Whether there has been an increase in the costs to provide 6 basic local exchange service in the geographic area of the proposed 7 rate. 8 (e) Whether the provider's further investment in the network 9 infrastructure of the geographic area of the proposed rate is 10 economically justifiable without the proposed rate. 11 (8) A provider is allowed only 1 rate increase for each 12 regulated service during any 12-month period. 13 (9) A call made to a local calling area adjacent to the 14 caller's local calling area is considered a local call and shall 15 must be billed as a local call. Effective December 31, 2007, a call 16 made to a called party who is not located within the geographic 17 area of the caller's local calling area or an adjacent local 18 calling area as defined by the commission's order in case numbers 19 U-12515 and U-12528, dated February 5, 2001, is not a local call if 20 the tariff, service guide, or similar document containing the terms 21 and conditions of the provider originating the call does not 22 classify the call as a local call. 23 (10) An alteration by a provider to the rate of a package, 24 combination, or bundle of telecommunication or other services that 25 includes primary basic local exchange service is not subject to 26 this section as long as the primary basic local exchange service 27 component of the package, combination, or bundle is available for 28 purchase on a stand-alone basis. 29 (11) A provider shall offer its unregulated calling features RMW H00378'21
17 1 on a stand-alone basis to its primary basic local exchange service 2 customers. The purchase of a calling feature under this subsection 3 does not affect the regulated rate of the primary basic local 4 exchange service. 5 (12) A person with disabilities or who is voluntarily 6 providing a service for an organization classified by the Internal 7 Revenue Service as a section 501(c)(3) or (19) organization, or a 8 person who provides a service for a congressionally chartered 9 veterans organization or their duly authorized foundations, is 10 exempt from the 100 calls per month limitation and must receive a 11 flat rate allowing unlimited calls per month. A person exempt from 12 the call cap under this subsection must not be charged a rate 13 greater than the flat rate charged residential customers for 14 primary basic local exchange service. 15 (13) Except as provided in subsection (14), for the purposes 16 of this section and the act, providers who, together with any 17 affiliated providers, provide basic local exchange service or basic 18 local exchange and toll service to less than 250,000 end-users in 19 this state may determine total service long run incremental cost 20 through preparation of a cost study or may determine that their 21 total service long run incremental cost is the same as that of a 22 provider with more than 250,000 end-users. 23 (14) (2) A provider of basic local exchange service with less 24 than 10,000 15,000 end-users in this state may determine that their 25 total service long run incremental cost is the same as that of a 26 provider with more than 250,000 end-users. 27 (15) A provider shall file with the commission for review and 28 approval of a tariff for the rates and charges for calls made that 29 exceed the 100-call limit of primary basic local exchange service. RMW H00378'21
17 1 on a stand-alone basis to its primary basic local exchange service 2 customers. The purchase of a calling feature under this subsection 3 does not affect the regulated rate of the primary basic local 4 exchange service. 5 (12) A person with disabilities or who is voluntarily 6 providing a service for an organization classified by the Internal 7 Revenue Service as a section 501(c)(3) or (19) organization, or a 8 person who provides a service for a congressionally chartered 9 veterans organization or their duly authorized foundations, is 10 exempt from the 100 calls per month limitation and must receive a 11 flat rate allowing unlimited calls per month. A person exempt from 12 the call cap under this subsection must not be charged a rate 13 greater than the flat rate charged residential customers for 14 primary basic local exchange service. 15 (13) Except as provided in subsection (14), for the purposes 16 of this section and the act, providers who, together with any 17 affiliated providers, provide basic local exchange service or basic 18 local exchange and toll service to less than 250,000 end-users in 19 this state may determine total service long run incremental cost 20 through preparation of a cost study or may determine that their 21 total service long run incremental cost is the same as that of a 22 provider with more than 250,000 end-users. 23 (14) (2) A provider of basic local exchange service with less 24 than 10,000 15,000 end-users in this state may determine that their 25 total service long run incremental cost is the same as that of a 26 provider with more than 250,000 end-users. 27 (15) A provider shall file with the commission for review and 28 approval of a tariff for the rates and charges for calls made that 29 exceed the 100-call limit of primary basic local exchange service. RMW H00378'21
18 1 Sec. 305. A provider of basic local exchange service shall not 2 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 another 8 provider. 9 (d) Impair the speed, quality, or efficiency of lines used by 10 another provider. 11 (e) Develop new services to take advantage of planned but not 12 publicly known changes in the underlying network. 13 (f) Refuse or delay a request of another provider for 14 information regarding the technical design, equipment capabilities 15 and features, geographic coverage, and traffic patterns of the 16 local exchange network. 17 (g) Refuse or delay access service or be unreasonable in 18 connecting another provider to the local exchange whose product or 19 service requires novel or specialized access service requirements. 20 (h) Upon a request, fail to fully disclose in a timely manner 21 all available information necessary for the design of equipment 22 that will meet the specifications of the local exchange network. 23 (i) Discriminate against any provider or any party who 24 requests the information for commercial purposes in the 25 dissemination of customer proprietary information. A provider shall 26 provide without unreasonable discrimination or delay telephone 27 directory listing information and related services to persons 28 purchasing telephone directory listing information to the same 29 extent and in the same quality as provided to the provider, RMW H00378'21
18 1 Sec. 305. A provider of basic local exchange service shall not 2 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 another 8 provider. 9 (d) Impair the speed, quality, or efficiency of lines used by 10 another provider. 11 (e) Develop new services to take advantage of planned but not 12 publicly known changes in the underlying network. 13 (f) Refuse or delay a request of another provider for 14 information regarding the technical design, equipment capabilities 15 and features, geographic coverage, and traffic patterns of the 16 local exchange network. 17 (g) Refuse or delay access service or be unreasonable in 18 connecting another provider to the local exchange whose product or 19 service requires novel or specialized access service requirements. 20 (h) Upon a request, fail to fully disclose in a timely manner 21 all available information necessary for the design of equipment 22 that will meet the specifications of the local exchange network. 23 (i) Discriminate against any provider or any party who 24 requests the information for commercial purposes in the 25 dissemination of customer proprietary information. A provider shall 26 provide without unreasonable discrimination or delay telephone 27 directory listing information and related services to persons 28 purchasing telephone directory listing information to the same 29 extent and in the same quality as provided to the provider, RMW H00378'21
19 1 affiliates of the provider, or any other listing information 2 purchaser. 3 (j) Refuse or delay access service by any person to another 4 provider. 5 (k) Sell, lease, or otherwise transfer an asset to an 6 affiliate for an amount less than the fair market value of the 7 asset. 8 Buy, lease, or otherwise acquire an asset from an affiliate (l) 9 of the provider for an amount greater than the fair market value of 10 the asset. 11 (m) (k) Bundle unwanted services or products for sale or lease 12 to another provider. 13 (n) (l) Perform any act that has been prohibited by this act or 14 an order of the commission. 15 (o) (m) Sell services or products, extend credit, or offer 16 other terms and conditions on more favorable terms to an affiliate 17 of the provider than the provider offers to other providers. 18 (p) Discriminate in favor of an affiliated burglar and fire 19 alarm service over a similar service offered by another provider. 20 Sec. 305a. (1) Except as otherwise provided by federal law, 21 where technically feasible, a provider originating or forwarding an 22 intrastate call that is terminated on the network of another 23 provider shall do all of the following: 24 (a) For originated calls, transmit the telephone number of the 25 party originating the call . The telephone number shall be 26 transmitted without alteration in the network signaling 27 information. 28 (b) For forwarded calls, transmit the telephone number of the 29 party originating the call, to the extent that information has been RMW H00378'21
19 1 affiliates of the provider, or any other listing information 2 purchaser. 3 (j) Refuse or delay access service by any person to another 4 provider. 5 (k) Sell, lease, or otherwise transfer an asset to an 6 affiliate for an amount less than the fair market value of the 7 asset. 8 Buy, lease, or otherwise acquire an asset from an affiliate (l) 9 of the provider for an amount greater than the fair market value of 10 the asset. 11 (m) (k) Bundle unwanted services or products for sale or lease 12 to another provider. 13 (n) (l) Perform any act that has been prohibited by this act or 14 an order of the commission. 15 (o) (m) Sell services or products, extend credit, or offer 16 other terms and conditions on more favorable terms to an affiliate 17 of the provider than the provider offers to other providers. 18 (p) Discriminate in favor of an affiliated burglar and fire 19 alarm service over a similar service offered by another provider. 20 Sec. 305a. (1) Except as otherwise provided by federal law, 21 where technically feasible, a provider originating or forwarding an 22 intrastate call that is terminated on the network of another 23 provider shall do all of the following: 24 (a) For originated calls, transmit the telephone number of the 25 party originating the call . The telephone number shall be 26 transmitted without alteration in the network signaling 27 information. 28 (b) For forwarded calls, transmit the telephone number of the 29 party originating the call, to the extent that information has been RMW H00378'21
20 1 provided by the originating carrier, . The telephone number shall 2 be transmitted without alteration in the network signaling 3 information. 4 (2) The commission shall may investigate complaints alleging 5 violations of this section and may initiate proceedings under 6 section 203 to resolve disputes between providers regarding 7 identification of traffic and disputes regarding compensation 8 rights and obligations between providers who originate, forward, or 9 terminate intrastate traffic. 10 (3) If the commission determines that the telephone number has 11 not been transmitted as required by this section, the provider 12 against whom the complaint was filed shall demonstrate that it was 13 not technically feasible to transmit the information, or that it 14 had a legitimate business or other good faith reason for not 15 transmitting the telephone number. 16 (4) If the commission determines that a provider violated this 17 section, the commission shall determine if the violation resulted 18 in a nonpayment or underpayment of compensation to the complaining 19 provider under the terms of the parties' compensation agreement or 20 its intrastate access tariff. The commission shall determine the 21 amount of the nonpayment or underpayment and order the violating 22 provider to make payment. The commission shall may assess a fine 23 against the violating provider in an amount equal to 2 times the 24 payment amount, and may take any other action authorized by 25 Michigan law that it considers necessary. 26 (5) A provider that originates an intrastate call subject to 27 section 251(b)(5) of the telecommunications act of 1996, 47 USC 28 251, shall agree to establish a reciprocal compensation arrangement 29 for the termination of those calls. Originating and terminating RMW H00378'21
20 1 provided by the originating carrier, . The telephone number shall 2 be transmitted without alteration in the network signaling 3 information. 4 (2) The commission shall may investigate complaints alleging 5 violations of this section and may initiate proceedings under 6 section 203 to resolve disputes between providers regarding 7 identification of traffic and disputes regarding compensation 8 rights and obligations between providers who originate, forward, or 9 terminate intrastate traffic. 10 (3) If the commission determines that the telephone number has 11 not been transmitted as required by this section, the provider 12 against whom the complaint was filed shall demonstrate that it was 13 not technically feasible to transmit the information, or that it 14 had a legitimate business or other good faith reason for not 15 transmitting the telephone number. 16 (4) If the commission determines that a provider violated this 17 section, the commission shall determine if the violation resulted 18 in a nonpayment or underpayment of compensation to the complaining 19 provider under the terms of the parties' compensation agreement or 20 its intrastate access tariff. The commission shall determine the 21 amount of the nonpayment or underpayment and order the violating 22 provider to make payment. The commission shall may assess a fine 23 against the violating provider in an amount equal to 2 times the 24 payment amount, and may take any other action authorized by 25 Michigan law that it considers necessary. 26 (5) A provider that originates an intrastate call subject to 27 section 251(b)(5) of the telecommunications act of 1996, 47 USC 28 251, shall agree to establish a reciprocal compensation arrangement 29 for the termination of those calls. Originating and terminating RMW H00378'21
21 1 providers shall agree to begin negotiations no more than 30 days 2 after the originating provider receives a request from a 3 terminating provider to establish an arrangement. During the 4 negotiation period, reciprocal compensation rates shall must be 5 assessed by the terminating carrier under an interim arrangement 6 with the originating carrier. Originating and terminating providers 7 shall use good faith efforts to conclude negotiations and finalize 8 an agreement within a reasonable time period. 9 (6) A provider that originates an intrastate intra-LATA call 10 subject to a terminating carrier's intrastate access tariffs shall 11 pay the tariffed rate for termination of the call. 12 (7) The commission may resolve disputes under this section 13 between originating and terminating providers related to 14 negotiation of the reciprocal compensation agreement and the 15 payment of the tariffed rates. 16 Sec. 305b. A provider of any telecommunication service shall 17 do all of the following: 18 (a) Upon Before a customer purchases a service or on request, 19 provide each customer a clear and simple explanation of the terms 20 and conditions of the services purchased by the customer including, 21 but not limited to, a statement of all fees, charges, and taxes 22 that will be included in the customer's monthly bill. 23 (b) The statement required under subdivision (a) shall must 24 include a good faith estimate by the provider of the actual monthly 25 cost that the customer will be required to pay if the service is 26 purchased. 27 (c) Comply with all federal and state requirements regarding 28 truth in billing, E 9-1-1 services, and primary basic local 29 exchange service. RMW H00378'21
21 1 providers shall agree to begin negotiations no more than 30 days 2 after the originating provider receives a request from a 3 terminating provider to establish an arrangement. During the 4 negotiation period, reciprocal compensation rates shall must be 5 assessed by the terminating carrier under an interim arrangement 6 with the originating carrier. Originating and terminating providers 7 shall use good faith efforts to conclude negotiations and finalize 8 an agreement within a reasonable time period. 9 (6) A provider that originates an intrastate intra-LATA call 10 subject to a terminating carrier's intrastate access tariffs shall 11 pay the tariffed rate for termination of the call. 12 (7) The commission may resolve disputes under this section 13 between originating and terminating providers related to 14 negotiation of the reciprocal compensation agreement and the 15 payment of the tariffed rates. 16 Sec. 305b. A provider of any telecommunication service shall 17 do all of the following: 18 (a) Upon Before a customer purchases a service or on request, 19 provide each customer a clear and simple explanation of the terms 20 and conditions of the services purchased by the customer including, 21 but not limited to, a statement of all fees, charges, and taxes 22 that will be included in the customer's monthly bill. 23 (b) The statement required under subdivision (a) shall must 24 include a good faith estimate by the provider of the actual monthly 25 cost that the customer will be required to pay if the service is 26 purchased. 27 (c) Comply with all federal and state requirements regarding 28 truth in billing, E 9-1-1 services, and primary basic local 29 exchange service. RMW H00378'21
22 1 (d) If E 9-1-1 service is not available to the customer, 2 ensure that the customer has an alternative means to reach 3 emergency service responders. 4 (e) Comply with sections 505 and 507. 5 Sec. 306. A telecommunication provider of basic local exchange 6 service is not required to provide toll services. If a 7 telecommunication provider that provides basic local exchange 8 service does not offer toll or have interconnection with a toll 9 provider, the commission shall order a toll provider to 10 interconnect with the telecommunication provider on terms that are 11 fair to both providers. 12 Sec. 308. (1) Basic local exchange or access rates or proceeds 13 from the sale, lease, or transfer of rate acquired assets must not 14 be used, directly or indirectly, to subsidize or offset the costs 15 of other products or services offered by the provider or an 16 affiliate of the provider by providing such other products or 17 services at less than the total service long-run incremental cost. 18 (2) A provider of basic local exchange service shall not sell 19 or transfer capital assets used to provide the service for an 20 amount less than the fair market value to any other provider or 21 affiliated entity for the purpose of providing an unregulated 22 service. 23 (3) A provider of basic local exchange service shall notify 24 the commission when it transfers, in whole or in part, substantial 25 assets, functions, or employees associated with basic local 26 exchange service to an affiliated entity, indicating the identity 27 of the affiliated entity, description of the transaction, and the 28 impact on basic local exchange service. 29 (4) In an investigation under this section or under section RMW H00378'21
22 1 (d) If E 9-1-1 service is not available to the customer, 2 ensure that the customer has an alternative means to reach 3 emergency service responders. 4 (e) Comply with sections 505 and 507. 5 Sec. 306. A telecommunication provider of basic local exchange 6 service is not required to provide toll services. If a 7 telecommunication provider that provides basic local exchange 8 service does not offer toll or have interconnection with a toll 9 provider, the commission shall order a toll provider to 10 interconnect with the telecommunication provider on terms that are 11 fair to both providers. 12 Sec. 308. (1) Basic local exchange or access rates or proceeds 13 from the sale, lease, or transfer of rate acquired assets must not 14 be used, directly or indirectly, to subsidize or offset the costs 15 of other products or services offered by the provider or an 16 affiliate of the provider by providing such other products or 17 services at less than the total service long-run incremental cost. 18 (2) A provider of basic local exchange service shall not sell 19 or transfer capital assets used to provide the service for an 20 amount less than the fair market value to any other provider or 21 affiliated entity for the purpose of providing an unregulated 22 service. 23 (3) A provider of basic local exchange service shall notify 24 the commission when it transfers, in whole or in part, substantial 25 assets, functions, or employees associated with basic local 26 exchange service to an affiliated entity, indicating the identity 27 of the affiliated entity, description of the transaction, and the 28 impact on basic local exchange service. 29 (4) In an investigation under this section or under section RMW H00378'21
23 1 203, the commission may review the books and accounts of both the 2 provider and affiliated entities of the provider. 3 Sec. 309b. A provider of a regulated service in this state 4 shall take no action prohibited under state or federal labor laws 5 to discourage or prevent its employees from seeking union 6 representation, pursuing collective bargaining, or engaging in any 7 other activities protected, including, but not limited to, the 8 closing of an office or facility in this state to prevent 9 organizing. 10 Sec. 311. (1) A telecommunication provider of both basic local 11 exchange service and toll service shall impute as provided under 12 section 362 to itself its prices of special toll access service and 13 switched access for the use of essential facilities it uses in the 14 provision of toll, WATS, or other service for which toll access 15 service is a component. 16 (2) All other providers of intrastate special toll access 17 service, switched toll access services, toll, or WATS shall impute 18 to themselves in the aggregate on a service by service basis their 19 individual cost of special or switched toll access service or its 20 equivalent in their pricing. 21 (3) Telecommunication services that utilize special or 22 switched toll access service must be made available for resale by 23 the telecommunication provider offering the service. 24 Sec. 312. (1) The commission shall not review or set the rates 25 for toll service. 26 (2) The commission shall require that toll service is 27 universally available to all persons within the state. 28 (3) On commission review and approval, all providers of toll 29 service shall make available to their customers adjacent exchange RMW H00378'21
23 1 203, the commission may review the books and accounts of both the 2 provider and affiliated entities of the provider. 3 Sec. 309b. A provider of a regulated service in this state 4 shall take no action prohibited under state or federal labor laws 5 to discourage or prevent its employees from seeking union 6 representation, pursuing collective bargaining, or engaging in any 7 other activities protected, including, but not limited to, the 8 closing of an office or facility in this state to prevent 9 organizing. 10 Sec. 311. (1) A telecommunication provider of both basic local 11 exchange service and toll service shall impute as provided under 12 section 362 to itself its prices of special toll access service and 13 switched access for the use of essential facilities it uses in the 14 provision of toll, WATS, or other service for which toll access 15 service is a component. 16 (2) All other providers of intrastate special toll access 17 service, switched toll access services, toll, or WATS shall impute 18 to themselves in the aggregate on a service by service basis their 19 individual cost of special or switched toll access service or its 20 equivalent in their pricing. 21 (3) Telecommunication services that utilize special or 22 switched toll access service must be made available for resale by 23 the telecommunication provider offering the service. 24 Sec. 312. (1) The commission shall not review or set the rates 25 for toll service. 26 (2) The commission shall require that toll service is 27 universally available to all persons within the state. 28 (3) On commission review and approval, all providers of toll 29 service shall make available to their customers adjacent exchange RMW H00378'21
24 1 toll calling plans. All providers of toll service shall inform 2 their customers of the available plans that provide a monthly 3 allowance of toll calling to adjacent exchanges for which there is 4 no local calling. All providers of toll service shall inform their 5 customers of the available plans. The plans required under this 6 subsection remain in effect under this act until altered by order 7 of the commission. 8 Sec. 313. (1) A telecommunication provider that provides 9 either basic local exchange, broadband, or toll service, or both, 10 any combination of those services, shall not discontinue either 11 service any of those services to an exchange unless 1 or more 12 alternative telecommunication providers for toll service, or 2 or 13 more alternative providers for basic local exchange service, are 14 furnishing a comparable voice the same telecommunication service to 15 the customers in the exchange. A comparable voice service includes 16 any 2-way voice service offered through any form of technology that 17 is capable of placing and receiving calls from a provider of basic 18 local exchange service, including voice over internet protocol 19 services and wireless services. 20 (2) A telecommunication provider proposing to discontinue a 21 regulated service to an exchange shall file a notice of the 22 discontinuance of service with the commission, publish the notice 23 in a newspaper of general circulation within the exchange, provide 24 notice to each of its customers within the exchange by first-class 25 mail or within customer bills, and provide other reasonable notice 26 as required by the commission. 27 (3) Within 60 30 days after the date of publication or receipt 28 of the notice required by subsection (2), a person or other 29 telecommunication provider affected by a discontinuance of services RMW H00378'21
24 1 toll calling plans. All providers of toll service shall inform 2 their customers of the available plans that provide a monthly 3 allowance of toll calling to adjacent exchanges for which there is 4 no local calling. All providers of toll service shall inform their 5 customers of the available plans. The plans required under this 6 subsection remain in effect under this act until altered by order 7 of the commission. 8 Sec. 313. (1) A telecommunication provider that provides 9 either basic local exchange, broadband, or toll service, or both, 10 any combination of those services, shall not discontinue either 11 service any of those services to an exchange unless 1 or more 12 alternative telecommunication providers for toll service, or 2 or 13 more alternative providers for basic local exchange service, are 14 furnishing a comparable voice the same telecommunication service to 15 the customers in the exchange. A comparable voice service includes 16 any 2-way voice service offered through any form of technology that 17 is capable of placing and receiving calls from a provider of basic 18 local exchange service, including voice over internet protocol 19 services and wireless services. 20 (2) A telecommunication provider proposing to discontinue a 21 regulated service to an exchange shall file a notice of the 22 discontinuance of service with the commission, publish the notice 23 in a newspaper of general circulation within the exchange, provide 24 notice to each of its customers within the exchange by first-class 25 mail or within customer bills, and provide other reasonable notice 26 as required by the commission. 27 (3) Within 60 30 days after the date of publication or receipt 28 of the notice required by subsection (2), a person or other 29 telecommunication provider affected by a discontinuance of services RMW H00378'21
25 1 by a telecommunication provider may apply to the commission to 2 determine if the discontinuance of service is authorized under this 3 act. Within 90 days after the date of publication of the notice 4 required by subsection (2), the commission may, in response to a 5 request or on its own initiative, commence a proceeding to 6 determine if the discontinuance of service is authorized under this 7 act. The commission has 180 days from the date any proceeding is 8 initiated under this subsection to issue its final order. A 9 provider shall not discontinue service unless it has provided at 10 least 60 days' notice to each customer after a commission order has 11 been issued under this subsection or after the last day for 12 initiating a proceeding under this subsection. 13 (4) Discontinuance of basic local exchange service under this 14 section by an incumbent local exchange carrier does not affect the 15 requirements of that incumbent local exchange carrier under federal 16 law and this act. As used in this subdivision, "incumbent local 17 exchange carrier" means that term as defined in section 251(h) of 18 the telecommunications act of 1996, 47 USC 251. This section does 19 not create, restrict, or expand the commission's jurisdiction and 20 authority for any of the following: 21 (a) The jurisdiction and authority established under section 22 201. 23 (b) The jurisdiction and authority to carry out the 24 commission's obligations to enforce the rights, duties, and 25 obligations of an entity that are established in sections 251 and 26 252 of the telecommunications act of 1996, 47 USC 251 and 252, and 27 any applicable agreement or wholesale tariff or state law, rule, 28 regulation, or order related to wholesale rights, duties, and 29 obligations, including, but not limited to, interconnection and RMW H00378'21
25 1 by a telecommunication provider may apply to the commission to 2 determine if the discontinuance of service is authorized under this 3 act. Within 90 days after the date of publication of the notice 4 required by subsection (2), the commission may, in response to a 5 request or on its own initiative, commence a proceeding to 6 determine if the discontinuance of service is authorized under this 7 act. The commission has 180 days from the date any proceeding is 8 initiated under this subsection to issue its final order. A 9 provider shall not discontinue service unless it has provided at 10 least 60 days' notice to each customer after a commission order has 11 been issued under this subsection or after the last day for 12 initiating a proceeding under this subsection. 13 (4) Discontinuance of basic local exchange service under this 14 section by an incumbent local exchange carrier does not affect the 15 requirements of that incumbent local exchange carrier under federal 16 law and this act. As used in this subdivision, "incumbent local 17 exchange carrier" means that term as defined in section 251(h) of 18 the telecommunications act of 1996, 47 USC 251. This section does 19 not create, restrict, or expand the commission's jurisdiction and 20 authority for any of the following: 21 (a) The jurisdiction and authority established under section 22 201. 23 (b) The jurisdiction and authority to carry out the 24 commission's obligations to enforce the rights, duties, and 25 obligations of an entity that are established in sections 251 and 26 252 of the telecommunications act of 1996, 47 USC 251 and 252, and 27 any applicable agreement or wholesale tariff or state law, rule, 28 regulation, or order related to wholesale rights, duties, and 29 obligations, including, but not limited to, interconnection and RMW H00378'21
26 1 exchange voice traffic. 2 (c) The jurisdiction and authority to regulate switched access 3 rates, terms, and conditions, including the implementation of 4 federal or state law concerning intercarrier compensation. 5 (5) Subsections (1) to (3) do not apply after December 31, 6 2016. Beginning January 1, 2017, a telecommunication provider that 7 provides basic local exchange or toll service may discontinue that 8 service in an exchange by doing each of the following: 9 (a) At the same time as filing a petition under section 214 of 10 the telecommunications act of 1996, 47 USC 214, all of the 11 following: 12 (i) File a notice of the proposed discontinuance of service 13 with the commission. 14 (ii) Publish a notice of the proposed discontinuance of service 15 in a newspaper of general circulation within the exchange. 16 (iii) Provide notice of the proposed discontinuance of service 17 to each of the telecommunication provider's customers within the 18 exchange by first-class mail or within customer bills. 19 (iv) Provide notice of the proposed discontinuance of service 20 to any interconnecting telecommunication providers by first-class 21 mail or other notice permitted under the terms of the 22 interconnection agreement between the providers. 23 (b) Upon approval of the federal communications commission to 24 discontinue service, at least 90 days before discontinuing service, 25 all of the following: 26 (i) File a notice of the discontinuance of service with the 27 commission. 28 (ii) Publish a notice of the discontinuance of service in a 29 newspaper of general circulation within the exchange. RMW H00378'21
26 1 exchange voice traffic. 2 (c) The jurisdiction and authority to regulate switched access 3 rates, terms, and conditions, including the implementation of 4 federal or state law concerning intercarrier compensation. 5 (5) Subsections (1) to (3) do not apply after December 31, 6 2016. Beginning January 1, 2017, a telecommunication provider that 7 provides basic local exchange or toll service may discontinue that 8 service in an exchange by doing each of the following: 9 (a) At the same time as filing a petition under section 214 of 10 the telecommunications act of 1996, 47 USC 214, all of the 11 following: 12 (i) File a notice of the proposed discontinuance of service 13 with the commission. 14 (ii) Publish a notice of the proposed discontinuance of service 15 in a newspaper of general circulation within the exchange. 16 (iii) Provide notice of the proposed discontinuance of service 17 to each of the telecommunication provider's customers within the 18 exchange by first-class mail or within customer bills. 19 (iv) Provide notice of the proposed discontinuance of service 20 to any interconnecting telecommunication providers by first-class 21 mail or other notice permitted under the terms of the 22 interconnection agreement between the providers. 23 (b) Upon approval of the federal communications commission to 24 discontinue service, at least 90 days before discontinuing service, 25 all of the following: 26 (i) File a notice of the discontinuance of service with the 27 commission. 28 (ii) Publish a notice of the discontinuance of service in a 29 newspaper of general circulation within the exchange. RMW H00378'21
27 1 (iii) Provide notice of the discontinuance of service to each of 2 the telecommunication provider's customers within the exchange by 3 first-class mail or within customer bills. 4 (iv) Provide notice to any interconnecting telecommunication 5 providers by first-class mail or other notice permitted under the 6 terms of the interconnection agreement between the providers. 7 (6) After January 1, 2017, and only in an area in which a 8 telecommunication provider either has given notice of a proposed 9 discontinuance of service under subsection (5) or has discontinued 10 service within the previous 90 days, a customer of that provider or 11 any interconnecting telecommunication provider may request the 12 commission to investigate the availability of comparable voice 13 service with reliable access to 9-1-1 and emergency services to 14 that customer or a customer of an interconnecting telecommunication 15 provider. If the commission, after conducting an investigation to 16 last no longer than 180 days regarding the availability of 17 comparable voice service with reliable access to 9-1-1 and 18 emergency services, determines that the federal communications 19 commission failed to make a finding that the present and future 20 public convenience and necessity is not adversely affected or has 21 not adequately addressed the issue, the commission shall declare by 22 order that an emergency exists in an area in this state that is not 23 served by at least 1 voice service provider offering comparable 24 voice service with reliable access to 9-1-1 and emergency services 25 through any technology or medium and shall conduct a request for 26 service process to identify a willing provider of comparable voice 27 service with reliable access to 9-1-1 and emergency services in 28 that area, including the current provider. A provider shall not be 29 required to participate in the request for service process. The RMW H00378'21
27 1 (iii) Provide notice of the discontinuance of service to each of 2 the telecommunication provider's customers within the exchange by 3 first-class mail or within customer bills. 4 (iv) Provide notice to any interconnecting telecommunication 5 providers by first-class mail or other notice permitted under the 6 terms of the interconnection agreement between the providers. 7 (6) After January 1, 2017, and only in an area in which a 8 telecommunication provider either has given notice of a proposed 9 discontinuance of service under subsection (5) or has discontinued 10 service within the previous 90 days, a customer of that provider or 11 any interconnecting telecommunication provider may request the 12 commission to investigate the availability of comparable voice 13 service with reliable access to 9-1-1 and emergency services to 14 that customer or a customer of an interconnecting telecommunication 15 provider. If the commission, after conducting an investigation to 16 last no longer than 180 days regarding the availability of 17 comparable voice service with reliable access to 9-1-1 and 18 emergency services, determines that the federal communications 19 commission failed to make a finding that the present and future 20 public convenience and necessity is not adversely affected or has 21 not adequately addressed the issue, the commission shall declare by 22 order that an emergency exists in an area in this state that is not 23 served by at least 1 voice service provider offering comparable 24 voice service with reliable access to 9-1-1 and emergency services 25 through any technology or medium and shall conduct a request for 26 service process to identify a willing provider of comparable voice 27 service with reliable access to 9-1-1 and emergency services in 28 that area, including the current provider. A provider shall not be 29 required to participate in the request for service process. The RMW H00378'21
28 1 willing provider may utilize any form of technology that is capable 2 of providing comparable voice service with reliable access to 9-1-1 3 and emergency services, including voice over internet protocol 4 services and wireless services. If the commission determines that 5 another provider is not capable of providing comparable voice 6 service with reliable access to 9-1-1 and emergency services in 7 that area, the commission shall issue an order requiring the 8 current telecommunication provider to provide comparable voice 9 service with reliable access to 9-1-1 and emergency services in 10 that area utilizing any form of technology that the commission 11 determines is capable of providing comparable voice service with 12 reliable access to 9-1-1 and emergency services, including voice 13 over internet protocol services and wireless services, until 14 another willing provider is available. An intrastate universal 15 service fund under section 316a shall not be created or used to 16 compensate or fund a willing provider or current telecommunication 17 provider to provide service under this section. As used in this 18 subsection: 19 (a) "Comparable voice service" includes any 2-way voice 20 service offered through any form of technology, including voice 21 over internet protocol services and wireless services, that is 22 capable of placing calls to and receiving calls from a provider of 23 basic local exchange service. 24 (b) "Emergency services" means services provided to the public 25 by police, fire, ambulance, or other first responders. 26 (c) "Reliable access to 9-1-1" means the rules, regulations, 27 and guidelines set forth in the FCC trials order, including all 28 appendices, that provide comparable and reliable consumer access to 29 emergency services. RMW H00378'21
28 1 willing provider may utilize any form of technology that is capable 2 of providing comparable voice service with reliable access to 9-1-1 3 and emergency services, including voice over internet protocol 4 services and wireless services. If the commission determines that 5 another provider is not capable of providing comparable voice 6 service with reliable access to 9-1-1 and emergency services in 7 that area, the commission shall issue an order requiring the 8 current telecommunication provider to provide comparable voice 9 service with reliable access to 9-1-1 and emergency services in 10 that area utilizing any form of technology that the commission 11 determines is capable of providing comparable voice service with 12 reliable access to 9-1-1 and emergency services, including voice 13 over internet protocol services and wireless services, until 14 another willing provider is available. An intrastate universal 15 service fund under section 316a shall not be created or used to 16 compensate or fund a willing provider or current telecommunication 17 provider to provide service under this section. As used in this 18 subsection: 19 (a) "Comparable voice service" includes any 2-way voice 20 service offered through any form of technology, including voice 21 over internet protocol services and wireless services, that is 22 capable of placing calls to and receiving calls from a provider of 23 basic local exchange service. 24 (b) "Emergency services" means services provided to the public 25 by police, fire, ambulance, or other first responders. 26 (c) "Reliable access to 9-1-1" means the rules, regulations, 27 and guidelines set forth in the FCC trials order, including all 28 appendices, that provide comparable and reliable consumer access to 29 emergency services. RMW H00378'21
29 1 (d) "Willing provider" means a provider that voluntarily 2 participates in the request for service process. 3 (7) Beginning January 1, 2017, a telecommunication provider 4 that discontinues service under this section shall adhere to all 5 rules, regulations, and guidelines set forth in the FCC trials 6 order, including all appendices, for each of that telecommunication 7 provider's exchanges in this state, whether or not the 8 discontinuance is undertaken pursuant to an official trial under 9 the FCC trials order, except that all notices or reports to be 10 filed with the federal communications commission shall be submitted 11 to the Michigan public service commission for its information. This 12 subsection is effective until the federal communications commission 13 determines the legal and policy framework and establishes the 14 requirements for the IP-transition including emergency connectivity 15 requirements that provide comparable and reliable consumer access 16 to emergency services. 17 (8) As used in this section, "FCC trials order" means the 18 order of the federal communications commission, GN docket nos. 13-5 19 and 12-353, adopted January 30, 2014, and any subsequent order of 20 the federal communications commission modifying or revising that 21 order that includes emergency connectivity requirements that 22 provide comparable and reliable consumer access to emergency 23 services. 24 Sec. 314. (1) A provider of a regulated service shall not 25 discontinue the regulated service for failure by a customer to pay 26 a rate or charge imposed for an unregulated service. For the 27 purposes of this section, the commission may determine how payments 28 are allocated between regulated and unregulated services. 29 (2) The commission shall determine when and under what RMW H00378'21
29 1 (d) "Willing provider" means a provider that voluntarily 2 participates in the request for service process. 3 (7) Beginning January 1, 2017, a telecommunication provider 4 that discontinues service under this section shall adhere to all 5 rules, regulations, and guidelines set forth in the FCC trials 6 order, including all appendices, for each of that telecommunication 7 provider's exchanges in this state, whether or not the 8 discontinuance is undertaken pursuant to an official trial under 9 the FCC trials order, except that all notices or reports to be 10 filed with the federal communications commission shall be submitted 11 to the Michigan public service commission for its information. This 12 subsection is effective until the federal communications commission 13 determines the legal and policy framework and establishes the 14 requirements for the IP-transition including emergency connectivity 15 requirements that provide comparable and reliable consumer access 16 to emergency services. 17 (8) As used in this section, "FCC trials order" means the 18 order of the federal communications commission, GN docket nos. 13-5 19 and 12-353, adopted January 30, 2014, and any subsequent order of 20 the federal communications commission modifying or revising that 21 order that includes emergency connectivity requirements that 22 provide comparable and reliable consumer access to emergency 23 services. 24 Sec. 314. (1) A provider of a regulated service shall not 25 discontinue the regulated service for failure by a customer to pay 26 a rate or charge imposed for an unregulated service. For the 27 purposes of this section, the commission may determine how payments 28 are allocated between regulated and unregulated services. 29 (2) The commission shall determine when and under what RMW H00378'21
30 1 conditions a provider of basic local exchange service may 2 discontinue service under this section. 3 Sec. 321. A provider of a regulated telecommunication service 4 shall not charge a rate for the service that is less than the total 5 service long run incremental cost of providing the service. 6 Sec. 353a. (1) When negotiating a successor interconnection 7 agreement, unless the parties agree otherwise, the parties shall 8 use an interconnection agreement which that has been approved by 9 the commission in the 3-year period immediately preceding the 10 commencement of negotiations as the baseline document. A party 11 requesting the adoption of language different than that found in 12 the baseline document in an arbitration proceeding bears the burden 13 of persuasion that the requested change is lawful and appropriate. 14 (2) If a party negotiating an interconnection agreement takes 15 a position that the opposing party believes is contrary to a prior 16 ruling of the commission in an arbitration proceeding, the opposing 17 party may file a motion with the commission for a determination 18 under this section. The motion shall must be filed no later than 90 19 days from after the commencement of negotiations. The commission 20 shall rule upon on the motion within 21 days of after the date the 21 motion is filed, and the commission shall determine the extent to 22 which the issue may be relitigated. 23 Sec. 362. (1) The rate of a provider of local exchange service 24 is subject to subsection (2) if all of the following apply: 25 (a) The provider has a service that competes with a service of 26 another provider. 27 (b) The other provider utilizes a service, including any 28 unbundled service element or basic network component, from the 29 provider of local exchange service that is not available within the RMW H00378'21
30 1 conditions a provider of basic local exchange service may 2 discontinue service under this section. 3 Sec. 321. A provider of a regulated telecommunication service 4 shall not charge a rate for the service that is less than the total 5 service long run incremental cost of providing the service. 6 Sec. 353a. (1) When negotiating a successor interconnection 7 agreement, unless the parties agree otherwise, the parties shall 8 use an interconnection agreement which that has been approved by 9 the commission in the 3-year period immediately preceding the 10 commencement of negotiations as the baseline document. A party 11 requesting the adoption of language different than that found in 12 the baseline document in an arbitration proceeding bears the burden 13 of persuasion that the requested change is lawful and appropriate. 14 (2) If a party negotiating an interconnection agreement takes 15 a position that the opposing party believes is contrary to a prior 16 ruling of the commission in an arbitration proceeding, the opposing 17 party may file a motion with the commission for a determination 18 under this section. The motion shall must be filed no later than 90 19 days from after the commencement of negotiations. The commission 20 shall rule upon on the motion within 21 days of after the date the 21 motion is filed, and the commission shall determine the extent to 22 which the issue may be relitigated. 23 Sec. 362. (1) The rate of a provider of local exchange service 24 is subject to subsection (2) if all of the following apply: 25 (a) The provider has a service that competes with a service of 26 another provider. 27 (b) The other provider utilizes a service, including any 28 unbundled service element or basic network component, from the 29 provider of local exchange service that is not available within the RMW H00378'21
31 1 relevant market or geographic area from any other provider of local 2 exchange service. 3 (c) The provider of local exchange service uses that same 4 noncompetitive service or its functional equivalent. 5 (2) The rate of a telecommunication service must exceed the 6 sum of both of the following: 7 (a) The tariffed rates, including access, carrier common line, 8 residual interconnection, and similar charges, for the 9 noncompetitive service or its functional equivalent that is 10 actually used by the provider of local exchange service, as those 11 rates would be charged a customer for the use of that service. 12 (b) The total service long run incremental costs of all other 13 components of the provider of local exchange service. 14 Sec. 401. (1) Except as otherwise provided by law or preempted 15 by federal law, the commission does not have authority over 16 enhanced services, paging, cellular, mobile, answering services, 17 retail broadband service, video, cable service, pay-per-view, 18 shared tenant, private networks, financial services networks, radio 19 and television, WATS, personal communication networks, municipally 20 owned telecommunication system, 800 prefix services, burglar and 21 fire alarm services, energy management services, except for state 22 institutions of higher education the reselling of centrex or its 23 equivalent, payphone services, interconnected voice over internet 24 protocol service, and the reselling of an unlicensed 25 telecommunication service. The services listed in this subsection 26 shall are not be considered part of basic local exchange service. 27 (2) The commission has authority over the telecommunication 28 services specifically provided for in this act. 29 (3) This section does not modify or affect either of the RMW H00378'21
31 1 relevant market or geographic area from any other provider of local 2 exchange service. 3 (c) The provider of local exchange service uses that same 4 noncompetitive service or its functional equivalent. 5 (2) The rate of a telecommunication service must exceed the 6 sum of both of the following: 7 (a) The tariffed rates, including access, carrier common line, 8 residual interconnection, and similar charges, for the 9 noncompetitive service or its functional equivalent that is 10 actually used by the provider of local exchange service, as those 11 rates would be charged a customer for the use of that service. 12 (b) The total service long run incremental costs of all other 13 components of the provider of local exchange service. 14 Sec. 401. (1) Except as otherwise provided by law or preempted 15 by federal law, the commission does not have authority over 16 enhanced services, paging, cellular, mobile, answering services, 17 retail broadband service, video, cable service, pay-per-view, 18 shared tenant, private networks, financial services networks, radio 19 and television, WATS, personal communication networks, municipally 20 owned telecommunication system, 800 prefix services, burglar and 21 fire alarm services, energy management services, except for state 22 institutions of higher education the reselling of centrex or its 23 equivalent, payphone services, interconnected voice over internet 24 protocol service, and the reselling of an unlicensed 25 telecommunication service. The services listed in this subsection 26 shall are not be considered part of basic local exchange service. 27 (2) The commission has authority over the telecommunication 28 services specifically provided for in this act. 29 (3) This section does not modify or affect either of the RMW H00378'21
32 1 following: 2 (a) The authority of a provider or the commission to act 3 pursuant to or enforce 47 USC 251, 47 USC 252, any lawful and 4 applicable tariff, or any state law, regulation, or order related 5 to wholesale rights and obligations, including the rights and 6 obligations of local exchange carriers to interconnect and exchange 7 voice traffic. 8 (b) The payment of switched access rates or other intercarrier 9 compensation rates, as applicable. 10 Sec. 502. (1) A provider of a basic local exchange 11 telecommunication service shall not do any of the following: 12 (a) Make a statement or representation, including the omission 13 of material information, regarding the rates, terms, or conditions 14 of providing a telecommunication service that is intentionally 15 false, misleading, or deceptive. As used in this subdivision, 16 "material information" includes, but is not limited to, a good 17 faith estimate of all applicable fees, taxes, and charges that will 18 be billed to the end-user, regardless of whether the fees, taxes, 19 or charges are authorized by state or federal law. 20 (b) Charge an end-user for a subscribed service for which the 21 end-user did not make an initial affirmative order. Failure to 22 refuse an offered or proposed subscribed service is not an 23 affirmative order for the service. 24 (c) If an end-user has canceled a service, charge the end-user 25 for service provided after the effective date the service was 26 canceled. 27 (d) If a residential end-user has orally ordered a service, 28 fail to confirm the order in writing within 15 days after the 29 service is ordered. RMW H00378'21
32 1 following: 2 (a) The authority of a provider or the commission to act 3 pursuant to or enforce 47 USC 251, 47 USC 252, any lawful and 4 applicable tariff, or any state law, regulation, or order related 5 to wholesale rights and obligations, including the rights and 6 obligations of local exchange carriers to interconnect and exchange 7 voice traffic. 8 (b) The payment of switched access rates or other intercarrier 9 compensation rates, as applicable. 10 Sec. 502. (1) A provider of a basic local exchange 11 telecommunication service shall not do any of the following: 12 (a) Make a statement or representation, including the omission 13 of material information, regarding the rates, terms, or conditions 14 of providing a telecommunication service that is intentionally 15 false, misleading, or deceptive. As used in this subdivision, 16 "material information" includes, but is not limited to, a good 17 faith estimate of all applicable fees, taxes, and charges that will 18 be billed to the end-user, regardless of whether the fees, taxes, 19 or charges are authorized by state or federal law. 20 (b) Charge an end-user for a subscribed service for which the 21 end-user did not make an initial affirmative order. Failure to 22 refuse an offered or proposed subscribed service is not an 23 affirmative order for the service. 24 (c) If an end-user has canceled a service, charge the end-user 25 for service provided after the effective date the service was 26 canceled. 27 (d) If a residential end-user has orally ordered a service, 28 fail to confirm the order in writing within 15 days after the 29 service is ordered. RMW H00378'21
33 1 (e) State to an end-user that their basic local exchange 2 service or other regulated service will be discontinued unless the 3 end-user pays a charge that is due for an unregulated service. 4 (f) Disparage the services, business, or reputation of another 5 by false, deceptive, or misleading representation of fact. 6 (g) Represent to a party to whom services are supplied that 7 the services are being supplied in response to a request made by or 8 on behalf of the party when they are not. 9 (h) (d) Cause a probability of confusion or a misunderstanding 10 as to the legal rights, obligations, or remedies of a party to a 11 transaction by making an intentionally false, deceptive, or 12 misleading statement or by failing to inform the customer of a 13 material fact, the omission of which is deceptive or misleading. 14 (i) (e) Represent or imply that the subject of a transaction 15 will be provided promptly, or at a specified time, or within a 16 reasonable time, if the provider knows or has reason to know it 17 will not be so provided. 18 (j) Cause coercion and duress as a result of the time and 19 nature of a sales presentation. 20 (k) (f) Require the purchase of a regulated service of the 21 provider as a condition of purchasing an unregulated service. 22 (g) If a bona fide dispute exists between a customer and (l) 23 the provider, disconnect the service to the customer for nonpayment 24 of that disputed amount. 25 (2) When the commission has authority to bring a proceeding 26 for a violation of this section, the commission may accept an 27 assurance of discontinuance of a method, act, or practice that is 28 alleged to be unlawful under this section from the person who is 29 alleged to have engaged, be engaging, or be about to engage in the RMW H00378'21
33 1 (e) State to an end-user that their basic local exchange 2 service or other regulated service will be discontinued unless the 3 end-user pays a charge that is due for an unregulated service. 4 (f) Disparage the services, business, or reputation of another 5 by false, deceptive, or misleading representation of fact. 6 (g) Represent to a party to whom services are supplied that 7 the services are being supplied in response to a request made by or 8 on behalf of the party when they are not. 9 (h) (d) Cause a probability of confusion or a misunderstanding 10 as to the legal rights, obligations, or remedies of a party to a 11 transaction by making an intentionally false, deceptive, or 12 misleading statement or by failing to inform the customer of a 13 material fact, the omission of which is deceptive or misleading. 14 (i) (e) Represent or imply that the subject of a transaction 15 will be provided promptly, or at a specified time, or within a 16 reasonable time, if the provider knows or has reason to know it 17 will not be so provided. 18 (j) Cause coercion and duress as a result of the time and 19 nature of a sales presentation. 20 (k) (f) Require the purchase of a regulated service of the 21 provider as a condition of purchasing an unregulated service. 22 (g) If a bona fide dispute exists between a customer and (l) 23 the provider, disconnect the service to the customer for nonpayment 24 of that disputed amount. 25 (2) When the commission has authority to bring a proceeding 26 for a violation of this section, the commission may accept an 27 assurance of discontinuance of a method, act, or practice that is 28 alleged to be unlawful under this section from the person who is 29 alleged to have engaged, be engaging, or be about to engage in the RMW H00378'21
34 1 method, act, or practice. The assurance of discontinuance is not an 2 admission of guilt and shall must not be introduced in any other 3 proceeding. Unless rescinded by the parties or voided by the court 4 for good cause, the parties to the assurance of discontinuance may 5 enforce the assurance in circuit court. The assurance of 6 discontinuance may include a stipulation for any of the following: 7 (a) The voluntary payment by the person for the cost of 8 investigation. 9 (b) An amount to be held in escrow pending the outcome of an 10 action. 11 (c) An amount for restitution to an aggrieved person. 12 Sec. 503. (1) The commission shall promulgate rules that 13 establish privacy guidelines in the providing of telecommunication 14 services. 15 (2) The rules promulgated under this section must include, but 16 need not be limited to, protections against the releasing of 17 certain customer information and customer privacy intrusions. 18 (3) A person who obtains an unpublished telephone number using 19 a telephone caller identification service shall not do any of the 20 following without the written consent of the customer of the 21 unpublished telephone number: 22 (a) Disclose the unpublished telephone number to another 23 person for commercial gain. 24 (b) Use the unpublished telephone number to solicit business. 25 (c) Intentionally disclose the unpublished telephone number 26 through a computer data base, on-line bulletin board, or other 27 similar mechanism. 28 Sec. 504. Each telecommunication provider doing business in 29 this state shall file with the commission a small and minority RMW H00378'21
34 1 method, act, or practice. The assurance of discontinuance is not an 2 admission of guilt and shall must not be introduced in any other 3 proceeding. Unless rescinded by the parties or voided by the court 4 for good cause, the parties to the assurance of discontinuance may 5 enforce the assurance in circuit court. The assurance of 6 discontinuance may include a stipulation for any of the following: 7 (a) The voluntary payment by the person for the cost of 8 investigation. 9 (b) An amount to be held in escrow pending the outcome of an 10 action. 11 (c) An amount for restitution to an aggrieved person. 12 Sec. 503. (1) The commission shall promulgate rules that 13 establish privacy guidelines in the providing of telecommunication 14 services. 15 (2) The rules promulgated under this section must include, but 16 need not be limited to, protections against the releasing of 17 certain customer information and customer privacy intrusions. 18 (3) A person who obtains an unpublished telephone number using 19 a telephone caller identification service shall not do any of the 20 following without the written consent of the customer of the 21 unpublished telephone number: 22 (a) Disclose the unpublished telephone number to another 23 person for commercial gain. 24 (b) Use the unpublished telephone number to solicit business. 25 (c) Intentionally disclose the unpublished telephone number 26 through a computer data base, on-line bulletin board, or other 27 similar mechanism. 28 Sec. 504. Each telecommunication provider doing business in 29 this state shall file with the commission a small and minority RMW H00378'21
35 1 owned telecommunication business participation plan. A new provider 2 seeking to do business in this state shall file a small and 3 minority owned telecommunication business participation plan with 4 the commission with its application for license. The plan must 5 contain the entity's plan for purchasing goods and services from 6 small and minority owned telecommunications businesses and 7 information on programs, if any, to provide technical assistance to 8 small and minority owned telecommunications businesses. 9 Sec. 602. The commission shall ensure that none of the amounts 10 paid under section 601 or any other related defense costs are 11 passed through to the provider's customers in any manner. RMW Final Page H00378'21
35 1 owned telecommunication business participation plan. A new provider 2 seeking to do business in this state shall file a small and 3 minority owned telecommunication business participation plan with 4 the commission with its application for license. The plan must 5 contain the entity's plan for purchasing goods and services from 6 small and minority owned telecommunications businesses and 7 information on programs, if any, to provide technical assistance to 8 small and minority owned telecommunications businesses. 9 Sec. 602. The commission shall ensure that none of the amounts 10 paid under section 601 or any other related defense costs are 11 passed through to the provider's customers in any manner. RMW Final Page H00378'21
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HOUSE BILL NO. 4918
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HOUSE BILL NO. 4918
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May 25, 2021, Introduced by Reps. Camilleri, Young, Puri, Aiyash, Rogers, Hope, Hood, Hammoud, Pohutsky, Weiss, Manoogian, Morse, Cavanagh, Brabec, Cynthia Johnson, Haadsma, Sowerby, Tyrone Carter, Steckloff, Garza, Rabhi, LaGrand and Ellison and referred to the Committee on Communications and Technology.
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May 25, 2021, Introduced by Reps. Camilleri, Young, Puri, Aiyash, Rogers, Hope, Hood, Hammoud, Pohutsky, Weiss, Manoogian, Morse, Cavanagh, Brabec, Cynthia Johnson, Haadsma, Sowerby, Tyrone Carter, Steckloff, Garza, Rabhi, LaGrand and Ellison and referred to the Committee on Communications and Technology.
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A bill to amend 1991 PA 179, entitled "Michigan telecommunications act,"
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A bill to amend 1991 PA 179, entitled "Michigan telecommunications act,"
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by amending sections 102, 103, 201, 202, 205, 210, 213, 303, 304, 305, 305a, 305b, 313, 353a, 401, 502, and 503 (MCL 484.2102, 484.2103, 484.2201, 484.2202, 484.2205, 484.2210, 484.2213, 484.2303, 484.2304, 484.2305, 484.2305a, 484.2305b, 484.2313, 484.2353a, 484.2401, 484.2502, and 484.2503), sections 102, 201, 202, 205, 210, 213, 303, 305, 305a, 305b, 353a, 401, and 503 as amended by 2011 PA 58 and sections 103, 304, 313, and 502 as
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by amending sections 102, 103, 201, 202, 205, 210, 213, 303, 304, 305, 305a, 305b, 313, 353a, 401, 502, and 503 (MCL 484.2102, 484.2103, 484.2201, 484.2202, 484.2205, 484.2210, 484.2213, 484.2303, 484.2304, 484.2305, 484.2305a, 484.2305b, 484.2313, 484.2353a, 484.2401, 484.2502, and 484.2503), sections 102, 201, 202, 205, 210, 213, 303, 305, 305a, 305b, 353a, 401, and 503 as amended by 2011 PA 58 and sections 103, 304, 313, and 502 as
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amended by 2014 PA 52, and by adding sections 301a, 306, 308, 309b, 311, 312, 314, 321, 362, 504, and 602.
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amended by 2014 PA 52, and by adding sections 301a, 306, 308, 309b, 311, 312, 314, 321, 362, 504, and 602.
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THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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Sec. 102. As used in this act: 1
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Sec. 102. As used in this act: 1
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(a) "Access service" means access to a local exchange network 2 for the purpose of enabling a provider to originate or terminate 3 telecommunication services within the local exchange. Except for 4 end-user common line services, access service does not include 5 access service to a person who is not a provider. 6
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(a) "Access service" means access to a local exchange network 2 for the purpose of enabling a provider to originate or terminate 3 telecommunication services within the local exchange. Except for 4 end-user common line services, access service does not include 5 access service to a person who is not a provider. 6
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(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.
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(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.
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(c) "Broadband service" means a mass-market retail service 11 capable of transmitting data over an access line at a rate greater 12
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(c) "Broadband service" means a mass-market retail service 11 capable of transmitting data over an access line at a rate greater 12
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than 200 kilobits per second. by wire or radio provided to customers
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than 200 kilobits per second. by wire or radio provided to customers
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in this state that provides the capability to transmit data to, and 14 receive data from, all or substantially all internet endpoints, 15
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in this state that provides the capability to transmit data to, and 14 receive data from, all or substantially all internet endpoints, 15
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including, but not limited to, any capabilities that are incidental 16
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including, but not limited to, any capabilities that are incidental 16
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to and enable the operation of the communications service, but
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to and enable the operation of the communications service, but
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excluding dial-up internet access service. Broadband service
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excluding dial-up internet access service. Broadband service
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includes any service provided to customers in this state that 19 provides a functional equivalent of a service described in this 20 subdivision or that is used to evade the protections of this act. 21
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includes any service provided to customers in this state that 19 provides a functional equivalent of a service described in this 20 subdivision or that is used to evade the protections of this act. 21
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(d) "Cable service" means 1-way transmission to subscribers of 22 video programming or other programming services and subscriber 23 interaction for the selection of video programming or other 24 programming services. 25
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(d) "Cable service" means 1-way transmission to subscribers of 22 video programming or other programming services and subscriber 23 interaction for the selection of video programming or other 24 programming services. 25
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(e) "Commission" means the Michigan public service commission. 26
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(f) "Contested case" or "case" means a proceeding contested 1 case as that term is defined in section 3 of the administrative 2 procedures act of 1969, 1969 PA 306, MCL 24.203. 3
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(f) "Contested case" or "case" means a proceeding contested 1 case as that term is defined in section 3 of the administrative 2 procedures act of 1969, 1969 PA 306, MCL 24.203. 3
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(g) "Educational institution" means a public educational 4 institution or a private non-profit educational institution 5 approved by the department of education to provide a program of 6 primary, secondary, or higher education, a public library, or a 7 nonprofit association or consortium whose primary purpose is 8 education. A nonprofit association or consortium under this 9 subdivision shall consist of 2 or more of the following: 10
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(g) "Educational institution" means a public educational 4 institution or a private non-profit educational institution 5 approved by the department of education to provide a program of 6 primary, secondary, or higher education, a public library, or a 7 nonprofit association or consortium whose primary purpose is 8 education. A nonprofit association or consortium under this 9 subdivision shall consist of 2 or more of the following: 10
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( i ) Public educational institutions.
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( ii ) Nonprofit educational institutions approved by the department of education.
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(h) "End user" means the retail subscriber of a telecommunication service.
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(i) "Energy management services" means a service of a public 20 utility providing electric power, heat, or light for energy use 21 management, energy use control, energy use information, and energy 22 use communication. 23
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(i) "Energy management services" means a service of a public 20 utility providing electric power, heat, or light for energy use 21 management, energy use control, energy use information, and energy 22 use communication. 23
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(j) "Exchange" means 1 or more contiguous central offices and 24 all associated facilities within a geographical area in which basic 25 local exchange service is offered by a provider. 26
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(k) "Information services" or "enhanced services" means the 27 offering of a capability for generating, acquiring, storing, 28
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management, control, or operation of a telecommunications system or 4 the management of a telecommunications service. 5
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( l ) "Interconnection" means the technical arrangements and 6 other elements necessary to permit the connection between the 7 switched networks of 2 or more providers to enable a 8 telecommunication service originating on the network of 1 provider 9 to terminate on the network of another provider. 10
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( l ) "Interconnection" means the technical arrangements and 6 other elements necessary to permit the connection between the 7 switched networks of 2 or more providers to enable a 8 telecommunication service originating on the network of 1 provider 9 to terminate on the network of another provider. 10
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(m) "License" means a license issued under this act.
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(n) "Line" or "access line" means the medium over which a telecommunication user connects into the local exchange.
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(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.
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(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.
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(p) "Local directory assistance" means the provision by 17 telephone of a listed telephone number within the caller's area 18 code. 19
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(q) "Local exchange rate" means the monthly and usage rate, 20 including all necessary and attendant charges, imposed for basic 21 local exchange service to customers. 22
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(r) "Loop" means the transmission facility between the network 23 interface on a subscriber's premises and the main distribution 24 frame in the servicing central office. 25
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(s) "Operator service" means a telecommunication service that 26 includes automatic or live assistance to a person to arrange for 27 completion and billing of a telephone call originating within this 28
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( i ) Automatic completion with billing to the telephone from 2 which the call originated. 3
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( ii ) Completion through an access code or a proprietary account 4 number used by the person, with billing to an account previously 5 established with the provider by the person. 6
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(t) "Operator service provider" or "OSP" means a provider of operator service.
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(u) "Payphone service" means a telephone call provided from a 11 public, semipublic, or individually owned and operated telephone 12 that is available to the public and is accessed by the depositing 13 of coin or currency or by other means of payment at the time the 14 call is made. 15
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( iii ) Loss of use of 1 or both legs or feet.
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( iv ) Inability to ambulate without the prolonged use of a 24 wheelchair, walker, crutches, braces, or other device required to 25 aid mobility. 26
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volume for 1 second, when measured by spirometry, is less than 1
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measures between 3 and 4 on the New York heart Heart Association 3
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classification scale, or from which a marked limitation of physical 4 activity causes fatigue, palpitation, dyspnea, or anginal pain. 5
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classification scale, or from which a marked limitation of physical 4 activity causes fatigue, palpitation, dyspnea, or anginal pain. 5
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( vii ) Other diagnosed disease or disorder including, but not 6 limited to, severe arthritis or a neurological or orthopedic 7 impairment that creates a severe mobility limitation. 8
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( vii ) Other diagnosed disease or disorder including, but not 6 limited to, severe arthritis or a neurological or orthopedic 7 impairment that creates a severe mobility limitation. 8
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(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.
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(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.
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(y) "Public safety system" means a communication system 14 operated by a public entity to provide emergency police, fire, 15 medical, and other first responder services. Public safety system 16 includes the Michigan state police communication system. 17
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(z) "Reasonable rate" or "just and reasonable rate" means a 18 rate that is not inadequate, excessive, or unreasonably 19 discriminatory. 20
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(aa) "Residential customer" means a person to whom 21 telecommunication services are furnished predominantly for personal 22 or domestic purposes at the person's dwelling. 23
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(aa) "Residential customer" means a person to whom 21 telecommunication services are furnished predominantly for personal 22 or domestic purposes at the person's dwelling. 23
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other than switched access service, to a local exchange network for
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institution of higher education described in sections 4, 5, and 6 1 of article VIII of the state constitution of 1963. 2
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institution of higher education described in sections 4, 5, and 6 1 of article VIII of the state constitution of 1963. 2
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(dd) "Telecommunications act of 1996" means Public Law 1043 104. 4
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(dd) "Telecommunications act of 1996" means Public Law 1043 104. 4
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(ee) "Telecommunication provider" or "provider" means a person 5 that for compensation provides 1 or more telecommunication 6 services. Telecommunication provider does not include a provider of 7 commercial mobile service as that term is defined in section 8 332(d)(1) of the telecommunications act of 1996, 47 USC 332. 9
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(ee) "Telecommunication provider" or "provider" means a person 5 that for compensation provides 1 or more telecommunication 6 services. Telecommunication provider does not include a provider of 7 commercial mobile service as that term is defined in section 8 332(d)(1) of the telecommunications act of 1996, 47 USC 332. 9
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(ff) "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.
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(ff) "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.
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(gg) "Toll service" means the transmission of 2-way 14 interactive switched communication between local calling areas. 15 Toll service does not include individually negotiated contracts for 16 similar telecommunication services or wide area telecommunications 17 service. 18
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(hh) "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:
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(hh) "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:
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( i ) The total forward-looking cost of a telecommunication 22 service, relevant group of services, or basic network component, 23 using current least cost technology that would be required if the 24 provider had never offered the service. 25
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( i ) The total forward-looking cost of a telecommunication 22 service, relevant group of services, or basic network component, 23 using current least cost technology that would be required if the 24 provider had never offered the service. 25
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( ii ) The total cost that the provider would incur if the 26 provider were to initially offer the service, group of services, or 27 basic network component. 28
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( ii ) The total cost that the provider would incur if the 26 provider were to initially offer the service, group of services, or 27 basic network component. 28
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the transmission of 2-way interactive switched communication over a 1 dedicated access line. 2
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Sec. 103. (1) Except as otherwise provided in this act, this 3 act shall does not be construed to prevent any person from 4 providing telecommunication services in competition with another 5 telecommunication provider. 6
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Sec. 103. (1) Except as otherwise provided in this act, this 3 act shall does not be construed to prevent any person from 4 providing telecommunication services in competition with another 5 telecommunication provider. 6
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(2) The commission shall maintain a publicly available 7 database of providers in each exchange that are licensed to or 8 otherwise provide toll and local exchange service in this state. 9 submit an annual report describing the status of competition in 10 telecommunication services, including broadband access, in this 11 state, including, but not limited to, the toll and local exchange 12 service markets in this state. The report required under this 13 section must be submitted to the governor and the house and senate 14 standing committees with oversight of telecommunication issues. 15
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(2) The commission shall maintain a publicly available 7 database of providers in each exchange that are licensed to or 8 otherwise provide toll and local exchange service in this state. 9 submit an annual report describing the status of competition in 10 telecommunication services, including broadband access, in this 11 state, including, but not limited to, the toll and local exchange 12 service markets in this state. The report required under this 13 section must be submitted to the governor and the house and senate 14 standing committees with oversight of telecommunication issues. 15
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(3) A provider shall submit to the commission all information requested by the commission necessary for the preparation and maintenance of the database annual report under this section.
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Sec. 201. (1) Except as otherwise provided by this act or
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federal law, the commission has the jurisdiction and authority to
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federal law, the commission has the jurisdiction and authority to
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administer this act and all federal telecommunications laws, rules,
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administer this act and all federal telecommunications laws, rules,
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orders, and regulations that are delegated to the state . ,
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orders, and regulations that are delegated to the state . ,
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including, but not limited to, the authority to arbitrate and
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including, but not limited to, the authority to arbitrate and
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enforce interconnection agreements and to establish rates in
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accordance with the standards set forth by applicable law.
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accordance with the standards set forth by applicable law.
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(2) The commission has the jurisdiction and authority to regulate all providers of broadband service.
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(2) The commission has the jurisdiction and authority to regulate all providers of broadband service.
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(3) The commission shall exercise its jurisdiction and 28 authority consistent with this act and all federal 29
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(3) The commission shall exercise its jurisdiction and 28 authority consistent with this act and all federal 29
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telecommunications laws, rules, orders, and regulations. 1
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telecommunications laws, rules, orders, and regulations. 1
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Sec. 202. (1) In addition to the other powers and duties 2 prescribed by this act, the commission shall do all of the 3 following: 4
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Sec. 202. (1) In addition to the other powers and duties 2 prescribed by this act, the commission shall do all of the 3 following: 4
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telecommunication providers of regulated services within the state
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keep accounts, books of accounts, and records in order to determine
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keep accounts, books of accounts, and records in order to determine
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the total service long-run incremental cost requirements of this
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the total service long-run incremental cost requirements of this
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act of providing a service. The commission requirements under this
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act of providing a service. The commission requirements under this
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subdivision shall must be consistent with any regulations covering
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subdivision shall must be consistent with any regulations covering
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the same subject matter made by the federal communications
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the same subject matter made by the federal communications
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commission. Federal Communications Commission.
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access service, make available for public inspection and file with
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access service, make available for public inspection and file with
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the commission a schedule of the provider's rates, services, and
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the commission a schedule of the provider's rates, services, and
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conditions of service, including access service provided by
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conditions of service, including access service provided by
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contract. Except for access service, a provider is exempt from any
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contract. Except for access service, a provider is exempt from any
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commission order requiring that provider to file with the
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commission order requiring that provider to file with the
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commission its rates, services, and conditions of regulated service
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commission its rates, services, and conditions of regulated service
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if the provider files a certification with the commission opting
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if the provider files a certification with the commission opting
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out of the filing requirement. A certification under this
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subdivision shall be signed by an officer of the provider.
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subdivision shall be signed by an officer of the provider.
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(c) Promulgate rules under section 213 to establish and enforce quality standards for all of the following:
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( i ) The provision of basic local exchange service to end users.
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( ii ) The provision of unbundled network elements and local
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interconnection services to providers that are used in the
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interconnection services to providers that are used in the
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provision of basic local exchange service.
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( iii ) The timely and complete transfer of an end user from 1 1 provider of basic local exchange service to another provider. 2
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( iii ) The timely and complete transfer of an end user from 1 1 provider of basic local exchange service to another provider. 2
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( iv ) Providers of basic local exchange service that cease to 3 provide the service to any segment of end users or geographic area, 4 go out of business, or withdraw from the state, including the 5 transfer of customers to other providers and the reclaiming of 6 unused telephone numbers. 7
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( iv ) Providers of basic local exchange service that cease to 3 provide the service to any segment of end users or geographic area, 4 go out of business, or withdraw from the state, including the 5 transfer of customers to other providers and the reclaiming of 6 unused telephone numbers. 7
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( v ) The provision of broadband service in this state 8 including, but not limited to, network resiliency, public safety, 9 billing transparency, service quality, dispute resolution, 10 nondiscriminatory treatment, service for vulnerable populations, 11 and discontinuance of service. 12
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( v ) The provision of broadband service in this state 8 including, but not limited to, network resiliency, public safety, 9 billing transparency, service quality, dispute resolution, 10 nondiscriminatory treatment, service for vulnerable populations, 11 and discontinuance of service. 12
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(2) Rules promulgated under subsection (1)(c) shall must 13 include remedies for the enforcement of the rules that are 14 consistent with this act and federal law. Rules promulgated under 15 subsection (1)(c)( ii ) shall do not apply to the provision of 16 unbundled network elements and local interconnection services 17 subject to quality standards in an interconnection agreement 18 approved by the commission. In promulgating any rules under 19 subsection (1)(c), the commission shall consider to what extent 20 current market conditions are sufficient to provide adequate 21 service quality to basic local exchange service end users. Any 22 service quality rules promulgated by the commission shall expire 23 within 3 years of after the effective date of the rules. The 24 commission may, before the expiration of the rules, promulgate new 25 rules under subsection (1)(c). However, the commission may 26 promulgate new rules under subsection (1)(c)( iii ) at any time. Any 27 service quality rules promulgated by the commission under 28
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(2) Rules promulgated under subsection (1)(c) shall must 13 include remedies for the enforcement of the rules that are 14 consistent with this act and federal law. Rules promulgated under 15 subsection (1)(c)( ii ) shall do not apply to the provision of 16 unbundled network elements and local interconnection services 17 subject to quality standards in an interconnection agreement 18 approved by the commission. In promulgating any rules under 19 subsection (1)(c), the commission shall consider to what extent 20 current market conditions are sufficient to provide adequate 21 service quality to basic local exchange service end users. Any 22 service quality rules promulgated by the commission shall expire 23 within 3 years of after the effective date of the rules. The 24 commission may, before the expiration of the rules, promulgate new 25 rules under subsection (1)(c). However, the commission may 26 promulgate new rules under subsection (1)(c)( iii ) at any time. Any 27 service quality rules promulgated by the commission under 28
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promulgated before January 1, 2006 shall expire on June 30, 2011. 1 (3) The commission shall permit the electronic filing of any 2 pleadings, tariffs, or any other document required or allowed to be 3 filed with the commission under this act. 4
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promulgated before January 1, 2006 shall expire on June 30, 2011. 1 (3) The commission shall permit the electronic filing of any 2 pleadings, tariffs, or any other document required or allowed to be 3 filed with the commission under this act. 4
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Sec. 205. (1) The commission may investigate and resolve 5 complaints under this act. The penalties under this act shall must 6 not be imposed for a violation that occurred more than 2 years 7 before the date the complaint was filed. 8
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Sec. 205. (1) The commission may investigate and resolve 5 complaints under this act. The penalties under this act shall must 6 not be imposed for a violation that occurred more than 2 years 7 before the date the complaint was filed. 8
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(2) If the commission finds, after notice and hearing, that 9 the rates, quality, general availability, or conditions for a 10 regulated service, including broadband, violate this act, an order 11 of the commission under this act, or is adverse to the public 12 interest, the commission may require changes in how the 13
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(2) If the commission finds, after notice and hearing, that 9 the rates, quality, general availability, or conditions for a 10 regulated service, including broadband, violate this act, an order 11 of the commission under this act, or is adverse to the public 12 interest, the commission may require changes in how the 13
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telecommunication services are provided. The commission's authority
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includes, but is not limited to, the revocation of a license and
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issuing cease and desist orders.
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issuing cease and desist orders.
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Sec. 210. (1) Except under the terms of a mandatory protective 17 order, trade secrets and commercial or financial information 18 submitted under this act are exempt from disclosure under the 19 freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. 20
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Sec. 210. (1) Except under the terms of a mandatory protective 17 order, trade secrets and commercial or financial information 18 submitted under this act are exempt from disclosure under the 19 freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. 20
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(2) If information is disclosed under a mandatory protective 21 order, then the information may be included in the commission's 22 evidentiary record if admissible, but shall remain remains 23 confidential. 24
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(2) If information is disclosed under a mandatory protective 21 order, then the information may be included in the commission's 22 evidentiary record if admissible, but shall remain remains 23 confidential. 24
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(3) There is a rebuttable presumption that cost studies, 25 customer usage data, marketing studies, and contracts between 26 providers are trade secrets or commercial or financial information 27 protected under subsection (1). The burden of removing the 28
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(3) There is a rebuttable presumption that cost studies, 25 customer usage data, marketing studies, and contracts between 26 providers are trade secrets or commercial or financial information 27 protected under subsection (1). The burden of removing the 28
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presumption under this subsection is with the party seeking to have 29
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within the provider's service area where the provider is offering 1 residential basic local exchange service. 2
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within the provider's service area where the provider is offering 1 residential basic local exchange service. 2
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Sec. 303. (1) The sale or transfer of shares of stock of a 3 provider of primary basic local exchange service is not a sale or 4 transfer of a license or a discontinuance of service. 5
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Sec. 303. (1) The sale or transfer of shares of stock of a 3 provider of primary basic local exchange service is not a sale or 4 transfer of a license or a discontinuance of service. 5
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(2) The commission has the authority to approve or deny a 6 proposed addition, elimination, or modification of an area code in 7 this state. The commission shall give public notice and shall 8 conduct a public hearing in the affected geographic area before an 9 addition, elimination, or modification of an area code is made in 10 this state. 11
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(2) The commission has the authority to approve or deny a 6 proposed addition, elimination, or modification of an area code in 7 this state. The commission shall give public notice and shall 8 conduct a public hearing in the affected geographic area before an 9 addition, elimination, or modification of an area code is made in 10 this state. 11
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(3) A license issued under this act is not transferable to an unlicensed provider.
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(3) A license issued under this act is not transferable to an unlicensed provider.
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(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.
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Sec. 304. (1) The rates for primary basic local exchange
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service must be just and reasonable. Each provider shall set the
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provided under section 310a or a higher rate approved by the
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commission under subsection (2)(d), the initial rates may not
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exceed the rates for the lowest cost calling plan that includes a
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limited number of outgoing calls of the provider in place before
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the rates are set under this subsection. If a provider does not
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offer a calling plan with a limited number of outgoing calls, the
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provider shall set the initial rate for primary basic local
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exchange service that must be just and reasonable and is subject to
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exchange service that must be just and reasonable and is subject to
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commission review.
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exchange services by 1 or more of the following: 1
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exchange services by 1 or more of the following: 1
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(a) Filing with the commission a notice of a reduction in a 2 primary basic local exchange rate. A rate alteration under this 3 subdivision is effective without commission review or approval. 4
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(a) Filing with the commission a notice of a reduction in a 2 primary basic local exchange rate. A rate alteration under this 3 subdivision is effective without commission review or approval. 4
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(b) Filing with the commission a notice of an increase in a 5 primary basic local exchange rate to a level not to exceed the rate 6 established under subsection (1) or subdivisions (c) and (d). A 7 rate alteration under this subdivision is effective without 8 commission review or approval. 9
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(b) Filing with the commission a notice of an increase in a 5 primary basic local exchange rate to a level not to exceed the rate 6 established under subsection (1) or subdivisions (c) and (d). A 7 rate alteration under this subdivision is effective without 8 commission review or approval. 9
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(c) Filing with the commission notice of an increase in a 10 basic local exchange rate that does not exceed 1% less than the 11 Consumer Price Index. Unless the commission determines that the 12 rate alteration exceeds the allowed increase under this 13 subdivision, the rate alteration takes effect 90 days after the 14 date of the notice required under subsection (3). As used in this 15 subdivision, "Consumer Price Index" means the most recent reported 16 annual average percentage increase in the Detroit Consumer Price 17 Index for all items for the prior 12-month period by the United 18 States Department of Labor. 19
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(c) Filing with the commission notice of an increase in a 10 basic local exchange rate that does not exceed 1% less than the 11 Consumer Price Index. Unless the commission determines that the 12 rate alteration exceeds the allowed increase under this 13 subdivision, the rate alteration takes effect 90 days after the 14 date of the notice required under subsection (3). As used in this 15 subdivision, "Consumer Price Index" means the most recent reported 16 annual average percentage increase in the Detroit Consumer Price 17 Index for all items for the prior 12-month period by the United 18 States Department of Labor. 19
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(d) Filing with the commission an application to increase a 20 primary basic local exchange rate in an amount greater than that 21 allowed under subsection (1) or subdivision (c). The application 22 must be accompanied with sufficient documentary support that the 23 rate alteration is just and reasonable. The commission shall make a 24 determination within the 90-day period provided for in subsection 25 (5) of 1 of the following: 26
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(d) Filing with the commission an application to increase a 20 primary basic local exchange rate in an amount greater than that 21 allowed under subsection (1) or subdivision (c). The application 22 must be accompanied with sufficient documentary support that the 23 rate alteration is just and reasonable. The commission shall make a 24 determination within the 90-day period provided for in subsection 25 (5) of 1 of the following: 26
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( i ) That the rate alteration is just and reasonable.
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( i ) That the rate alteration is just and reasonable.
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( ii ) That a filing under section 203 is necessary to review the 28 rate alteration. 29
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( ii ) That a filing under section 203 is necessary to review the 28 rate alteration. 29
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rate alteration under subsection (2)(c) or (d) and must be included
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in or on the bill of each affected customer of the provider at
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in or on the bill of each affected customer of the provider at
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least 1 billing cycle before the effective date of the rate 4 alteration. 5
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least 1 billing cycle before the effective date of the rate 4 alteration. 5
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(4) The notice required under subsection (3) must contain at 6 least all of the following information: 7
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(4) The notice required under subsection (3) must contain at 6 least all of the following information: 7
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(a) A statement that the customer's rate may change.
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(a) A statement that the customer's rate may change.
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(b) An estimate of the amount of the annual change for the typical residential customer that would result by the rate change.
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(b) An estimate of the amount of the annual change for the typical residential customer that would result by the rate change.
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(c) A statement that a customer may comment on or receive 11 complete details of the rate alteration by calling or writing the 12 commission. The statement must also include the telephone number 13 and address of the commission. Complete details of the rate 14 alteration must be provided free of charge to the customer at the 15 expense of the provider. 16
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(c) A statement that a customer may comment on or receive 11 complete details of the rate alteration by calling or writing the 12 commission. The statement must also include the telephone number 13 and address of the commission. Complete details of the rate 14 alteration must be provided free of charge to the customer at the 15 expense of the provider. 16
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(5) Except as otherwise provided in subsections (2) and (6), 17 an altered primary basic local exchange rate takes effect 90 days 18 after the date of the notice required by subsection (3). 19
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(5) Except as otherwise provided in subsections (2) and (6), 17 an altered primary basic local exchange rate takes effect 90 days 18 after the date of the notice required by subsection (3). 19
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(6) On receipt of a complaint or pursuant to a determination 20 under subsection (2)(d), the commission may require a filing under 21 section 203 to review a proposed rate alteration under subsection 22 (2)(d). The commission's final order may approve, modify, or reject 23 the rate alteration. 24
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(6) On receipt of a complaint or pursuant to a determination 20 under subsection (2)(d), the commission may require a filing under 21 section 203 to review a proposed rate alteration under subsection 22 (2)(d). The commission's final order may approve, modify, or reject 23 the rate alteration. 24
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(7) In reviewing a rate alteration under subsection (6), the 25 commission shall consider only 1 or more of the following factors 26 if relevant to the rate alteration as specified by the provider: 27
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(7) In reviewing a rate alteration under subsection (6), the 25 commission shall consider only 1 or more of the following factors 26 if relevant to the rate alteration as specified by the provider: 27
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(a) Total service long run incremental cost of basic local 28 exchange services. 29
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(b) Comparison of the proposed rate to the rates charged by 1 other providers in this state for the same service. 2
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(b) Comparison of the proposed rate to the rates charged by 1 other providers in this state for the same service. 2
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(c) Whether a new function, feature, or capability is being 3 offered as a component of basic local exchange service. 4
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(c) Whether a new function, feature, or capability is being 3 offered as a component of basic local exchange service. 4
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(d) Whether there has been an increase in the costs to provide 5 basic local exchange service in the geographic area of the proposed 6 rate. 7
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(d) Whether there has been an increase in the costs to provide 5 basic local exchange service in the geographic area of the proposed 6 rate. 7
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(e) Whether the provider's further investment in the network 8 infrastructure of the geographic area of the proposed rate is 9 economically justifiable without the proposed rate. 10
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(e) Whether the provider's further investment in the network 8 infrastructure of the geographic area of the proposed rate is 9 economically justifiable without the proposed rate. 10
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(9) A call made to a local calling area adjacent to the 13 caller's local calling area is considered a local call and shall 14 must be billed as a local call. Effective December 31, 2007, a call 15 made to a called party who is not located within the geographic 16 area of the caller's local calling area or an adjacent local 17 calling area as defined by the commission's order in case numbers 18 U-12515 and U-12528, dated February 5, 2001, is not a local call if 19 the tariff, service guide, or similar document containing the terms 20 and conditions of the provider originating the call does not 21 classify the call as a local call. 22
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(9) A call made to a local calling area adjacent to the 13 caller's local calling area is considered a local call and shall 14 must be billed as a local call. Effective December 31, 2007, a call 15 made to a called party who is not located within the geographic 16 area of the caller's local calling area or an adjacent local 17 calling area as defined by the commission's order in case numbers 18 U-12515 and U-12528, dated February 5, 2001, is not a local call if 19 the tariff, service guide, or similar document containing the terms 20 and conditions of the provider originating the call does not 21 classify the call as a local call. 22
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(10) An alteration by a provider to the rate of a package, 23 combination, or bundle of telecommunication or other services that 24 includes primary basic local exchange service is not subject to 25 this section as long as the primary basic local exchange service 26 component of the package, combination, or bundle is available for 27 purchase on a stand-alone basis. 28
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(10) An alteration by a provider to the rate of a package, 23 combination, or bundle of telecommunication or other services that 24 includes primary basic local exchange service is not subject to 25 this section as long as the primary basic local exchange service 26 component of the package, combination, or bundle is available for 27 purchase on a stand-alone basis. 28
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on a stand-alone basis to its primary basic local exchange service 1 customers. The purchase of a calling feature under this subsection 2 does not affect the regulated rate of the primary basic local 3 exchange service. 4
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on a stand-alone basis to its primary basic local exchange service 1 customers. The purchase of a calling feature under this subsection 2 does not affect the regulated rate of the primary basic local 3 exchange service. 4
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exempt from the 100 calls per month limitation and must receive a
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the call cap under this subsection must not be charged a rate
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(13) Except as provided in subsection (14), for the purposes 15 of this section and the act, providers who, together with any 16 affiliated providers, provide basic local exchange service or basic 17 local exchange and toll service to less than 250,000 end-users in 18 this state may determine total service long run incremental cost 19 through preparation of a cost study or may determine that their 20 total service long run incremental cost is the same as that of a 21 provider with more than 250,000 end-users. 22
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(13) Except as provided in subsection (14), for the purposes 15 of this section and the act, providers who, together with any 16 affiliated providers, provide basic local exchange service or basic 17 local exchange and toll service to less than 250,000 end-users in 18 this state may determine total service long run incremental cost 19 through preparation of a cost study or may determine that their 20 total service long run incremental cost is the same as that of a 21 provider with more than 250,000 end-users. 22
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(14) (2) A provider of basic local exchange service with less 23 than 10,000 15,000 end-users in this state may determine that their 24 total service long run incremental cost is the same as that of a 25 provider with more than 250,000 end-users. 26
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(14) (2) A provider of basic local exchange service with less 23 than 10,000 15,000 end-users in this state may determine that their 24 total service long run incremental cost is the same as that of a 25 provider with more than 250,000 end-users. 26
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approval of a tariff for the rates and charges for calls made that
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approval of a tariff for the rates and charges for calls made that
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exceed the 100-call limit of primary basic local exchange service.
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exceed the 100-call limit of primary basic local exchange service.
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Sec. 305. A provider of basic local exchange service shall not 1 do any of the following: 2
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Sec. 305. A provider of basic local exchange service shall not 1 do any of the following: 2
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(a) Discriminate against another provider by refusing or 3 delaying access service to the local exchange. 4
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(a) Discriminate against another provider by refusing or 3 delaying access service to the local exchange. 4
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(b) Refuse or delay interconnections or provide inferior 5 connections to another provider. 6
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(b) Refuse or delay interconnections or provide inferior 5 connections to another provider. 6
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(c) Degrade the quality of access service provided to another provider.
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(c) Degrade the quality of access service provided to another provider.
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(d) Impair the speed, quality, or efficiency of lines used by another provider.
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(d) Impair the speed, quality, or efficiency of lines used by another provider.
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(e) Develop new services to take advantage of planned but not publicly known changes in the underlying network.
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(e) Develop new services to take advantage of planned but not publicly known changes in the underlying network.
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(f) Refuse or delay a request of another provider for 13 information regarding the technical design, equipment capabilities 14 and features, geographic coverage, and traffic patterns of the 15 local exchange network. 16
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(f) Refuse or delay a request of another provider for 13 information regarding the technical design, equipment capabilities 14 and features, geographic coverage, and traffic patterns of the 15 local exchange network. 16
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(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.
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(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.
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(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.
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(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.
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(i)
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Discriminate against any provider or any party who
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Discriminate against any provider or any party who
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requests the information for commercial purposes in the
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requests the information for commercial purposes in the
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dissemination of customer proprietary information. A provider shall
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dissemination of customer proprietary information. A provider shall
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provide without unreasonable discrimination or delay telephone
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provide without unreasonable discrimination or delay telephone
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directory listing information and related services to persons
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directory listing information and related services to persons
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purchasing telephone directory listing information to the same
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purchasing telephone directory listing information to the same
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extent and in the same quality as provided to the provider, 29
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extent and in the same quality as provided to the provider, 29
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affiliates of the provider, or any other listing information 1 purchaser. 2
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affiliates of the provider, or any other listing information 1 purchaser. 2
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(j) Refuse or delay access service by any person to another 3 provider. 4
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(j) Refuse or delay access service by any person to another 3 provider. 4
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(k) Sell, lease, or otherwise transfer an asset to an 5 affiliate for an amount less than the fair market value of the 6 asset. 7
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(k) Sell, lease, or otherwise transfer an asset to an 5 affiliate for an amount less than the fair market value of the 6 asset. 7
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( l ) Buy, lease, or otherwise acquire an asset from an affiliate 8 of the provider for an amount greater than the fair market value of 9 the asset. 10
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( l ) Buy, lease, or otherwise acquire an asset from an affiliate 8 of the provider for an amount greater than the fair market value of 9 the asset. 10
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(m) (k) Bundle unwanted services or products for sale or lease to another provider.
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(m) (k) Bundle unwanted services or products for sale or lease to another provider.
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(n) ( l ) Perform any act that has been prohibited by this act or an order of the commission.
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(n) ( l ) Perform any act that has been prohibited by this act or an order of the commission.
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(o) (m) 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.
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(o) (m) 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.
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(p)
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Discriminate in favor of an affiliated burglar and fire
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Discriminate in favor of an affiliated burglar and fire
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alarm service over a similar service offered by another provider.
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alarm service over a similar service offered by another provider.
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Sec. 305a. (1) Except as otherwise provided by federal law, where technically feasible, a provider originating or forwarding an intrastate call that is terminated on the network of another provider shall do all of the following:
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Sec. 305a. (1) Except as otherwise provided by federal law, where technically feasible, a provider originating or forwarding an intrastate call that is terminated on the network of another provider shall do all of the following:
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(a)
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(a)
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For originated calls, transmit the telephone number of the
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For originated calls, transmit the telephone number of the
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party originating the call . The telephone number shall be
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party originating the call . The telephone number shall be
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transmitted without alteration in the network signaling
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transmitted without alteration in the network signaling
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information.
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information.
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(b) For forwarded calls, transmit the telephone number of the 28 party originating the call , to the extent that information has been 29
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(b) For forwarded calls, transmit the telephone number of the 28 party originating the call , to the extent that information has been 29
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provided by the originating carrier , . The telephone number shall 1 be transmitted without alteration in the network signaling 2 information. 3
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provided by the originating carrier , . The telephone number shall 1 be transmitted without alteration in the network signaling 2 information. 3
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(2) The commission shall may investigate complaints alleging 4 violations of this section and may initiate proceedings under 5 section 203 to resolve disputes between providers regarding 6 identification of traffic and disputes regarding compensation 7 rights and obligations between providers who originate, forward, or 8 terminate intrastate traffic. 9
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(2) The commission shall may investigate complaints alleging 4 violations of this section and may initiate proceedings under 5 section 203 to resolve disputes between providers regarding 6 identification of traffic and disputes regarding compensation 7 rights and obligations between providers who originate, forward, or 8 terminate intrastate traffic. 9
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(3) If the commission determines that the telephone number has 10 not been transmitted as required by this section, the provider 11 against whom the complaint was filed shall demonstrate that it was 12 not technically feasible to transmit the information, or that it 13 had a legitimate business or other good faith reason for not 14 transmitting the telephone number. 15
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(3) If the commission determines that the telephone number has 10 not been transmitted as required by this section, the provider 11 against whom the complaint was filed shall demonstrate that it was 12 not technically feasible to transmit the information, or that it 13 had a legitimate business or other good faith reason for not 14 transmitting the telephone number. 15
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(4) If the commission determines that a provider violated this 16 section, the commission shall determine if the violation resulted 17 in a nonpayment or underpayment of compensation to the complaining 18 provider under the terms of the parties' compensation agreement or 19 its intrastate access tariff. The commission shall determine the 20 amount of the nonpayment or underpayment and order the violating 21 provider to make payment. The commission shall may assess a fine 22 against the violating provider in an amount equal to 2 times the 23 payment amount, and may take any other action authorized by 24 Michigan law that it considers necessary. 25
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(4) If the commission determines that a provider violated this 16 section, the commission shall determine if the violation resulted 17 in a nonpayment or underpayment of compensation to the complaining 18 provider under the terms of the parties' compensation agreement or 19 its intrastate access tariff. The commission shall determine the 20 amount of the nonpayment or underpayment and order the violating 21 provider to make payment. The commission shall may assess a fine 22 against the violating provider in an amount equal to 2 times the 23 payment amount, and may take any other action authorized by 24 Michigan law that it considers necessary. 25
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(5) A provider that originates an intrastate call subject to 26 section 251(b)(5) of the telecommunications act of 1996, 47 USC 27
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(5) A provider that originates an intrastate call subject to 26 section 251(b)(5) of the telecommunications act of 1996, 47 USC 27
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251, shall agree to establish a reciprocal compensation arrangement
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251, shall agree to establish a reciprocal compensation arrangement
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for the termination of those calls. Originating and terminating
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for the termination of those calls. Originating and terminating
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providers shall agree to begin negotiations no more than 30 days 1
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providers shall agree to begin negotiations no more than 30 days 1
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after the originating provider receives a request from a 2
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after the originating provider receives a request from a 2
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terminating provider to establish an arrangement. During the 3
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terminating provider to establish an arrangement. During the 3
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negotiation period, reciprocal compensation rates shall must be
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negotiation period, reciprocal compensation rates shall must be
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assessed by the terminating carrier under an interim arrangement 5
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assessed by the terminating carrier under an interim arrangement 5
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with the originating carrier. Originating and terminating providers
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with the originating carrier. Originating and terminating providers
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shall use good faith efforts to conclude negotiations and finalize 7 an agreement within a reasonable time period. 8
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shall use good faith efforts to conclude negotiations and finalize 7 an agreement within a reasonable time period. 8
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(6) A provider that originates an intrastate intra-LATA call subject to a terminating carrier's intrastate access tariffs shall pay the tariffed rate for termination of the call.
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(6) A provider that originates an intrastate intra-LATA call subject to a terminating carrier's intrastate access tariffs shall pay the tariffed rate for termination of the call.
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(7) The commission may resolve disputes under this section 12 between originating and terminating providers related to 13 negotiation of the reciprocal compensation agreement and the 14 payment of the tariffed rates. 15
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(7) The commission may resolve disputes under this section 12 between originating and terminating providers related to 13 negotiation of the reciprocal compensation agreement and the 14 payment of the tariffed rates. 15
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Sec. 305b. A provider of any telecommunication service shall 16 do all of the following: 17
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Sec. 305b. A provider of any telecommunication service shall 16 do all of the following: 17
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(a) Upon Before a customer purchases a service or on request, 18 provide each customer a clear and simple explanation of the terms 19 and conditions of the services purchased by the customer including, 20 but not limited to, a statement of all fees, charges, and taxes 21 that will be included in the customer's monthly bill. 22
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(a) Upon Before a customer purchases a service or on request, 18 provide each customer a clear and simple explanation of the terms 19 and conditions of the services purchased by the customer including, 20 but not limited to, a statement of all fees, charges, and taxes 21 that will be included in the customer's monthly bill. 22
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(b) The statement required under subdivision (a) shall must 23 include a good faith estimate by the provider of the actual monthly 24 cost that the customer will be required to pay if the service is 25 purchased. 26
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(b) The statement required under subdivision (a) shall must 23 include a good faith estimate by the provider of the actual monthly 24 cost that the customer will be required to pay if the service is 25 purchased. 26
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Comply with all federal and state requirements regarding
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Comply with all federal and state requirements regarding
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truth in billing, E 9-1-1 services, and primary basic local
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truth in billing, E 9-1-1 services, and primary basic local
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exchange service.
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exchange service.
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(d) If E 9-1-1 service is not available to the customer, 1 ensure that the customer has an alternative means to reach 2 emergency service responders. 3
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(d) If E 9-1-1 service is not available to the customer, 1 ensure that the customer has an alternative means to reach 2 emergency service responders. 3
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(e) Comply with sections 505 and 507. 4
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(e) Comply with sections 505 and 507. 4
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Sec. 306. A telecommunication provider of basic local exchange 5 service is not required to provide toll services. If a 6
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Sec. 306. A telecommunication provider of basic local exchange 5 service is not required to provide toll services. If a 6
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telecommunication provider that provides basic local exchange
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telecommunication provider that provides basic local exchange
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service does not offer toll or have interconnection with a toll 8
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service does not offer toll or have interconnection with a toll 8
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provider, the commission shall order a toll provider to 9
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provider, the commission shall order a toll provider to 9
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interconnect with the telecommunication provider on terms that are 10 fair to both providers. 11
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interconnect with the telecommunication provider on terms that are 10 fair to both providers. 11
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Sec. 308. (1) Basic local exchange or access rates or proceeds 12 from the sale, lease, or transfer of rate acquired assets must not 13
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Sec. 308. (1) Basic local exchange or access rates or proceeds 12 from the sale, lease, or transfer of rate acquired assets must not 13
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be used, directly or indirectly, to subsidize or offset the costs
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be used, directly or indirectly, to subsidize or offset the costs
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of other products or services offered by the provider or an
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of other products or services offered by the provider or an
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affiliate of the provider by providing such other products or 16 services at less than the total service long-run incremental cost. 17
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affiliate of the provider by providing such other products or 16 services at less than the total service long-run incremental cost. 17
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(2) A provider of basic local exchange service shall not sell 18 or transfer capital assets used to provide the service for an 19 amount less than the fair market value to any other provider or 20 affiliated entity for the purpose of providing an unregulated 21 service. 22
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(2) A provider of basic local exchange service shall not sell 18 or transfer capital assets used to provide the service for an 19 amount less than the fair market value to any other provider or 20 affiliated entity for the purpose of providing an unregulated 21 service. 22
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(3) A provider of basic local exchange service shall notify 23 the commission when it transfers, in whole or in part, substantial 24 assets, functions, or employees associated with basic local 25
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(3) A provider of basic local exchange service shall notify 23 the commission when it transfers, in whole or in part, substantial 24 assets, functions, or employees associated with basic local 25
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exchange service to an affiliated entity, indicating the identity
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exchange service to an affiliated entity, indicating the identity
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of the affiliated entity, description of the transaction, and the
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of the affiliated entity, description of the transaction, and the
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impact on basic local exchange service.
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impact on basic local exchange service.
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(4) In an investigation under this section or under section 29
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(4) In an investigation under this section or under section 29
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203, the commission may review the books and accounts of both the 1 provider and affiliated entities of the provider. 2
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203, the commission may review the books and accounts of both the 1 provider and affiliated entities of the provider. 2
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shall take no action prohibited under state or federal labor laws
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shall take no action prohibited under state or federal labor laws
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Sec. 309b. A provider of a regulated service in this state 3 4
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Sec. 309b. A provider of a regulated service in this state 3 4
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4 to discourage or prevent its employees from seeking union 5
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4 to discourage or prevent its employees from seeking union 5
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representation, pursuing collective bargaining, or engaging in any 6 other activities protected, including, but not limited to, the 7
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representation, pursuing collective bargaining, or engaging in any 6 other activities protected, including, but not limited to, the 7
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closing of an office or facility in this state to prevent 8 organizing. 9
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closing of an office or facility in this state to prevent 8 organizing. 9
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Sec. 311. (1) A telecommunication provider of both basic local 10 exchange service and toll service shall impute as provided under 11 section 362 to itself its prices of special toll access service and 12 switched access for the use of essential facilities it uses in the 13 provision of toll, WATS, or other service for which toll access 14 service is a component. 15
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Sec. 311. (1) A telecommunication provider of both basic local 10 exchange service and toll service shall impute as provided under 11 section 362 to itself its prices of special toll access service and 12 switched access for the use of essential facilities it uses in the 13 provision of toll, WATS, or other service for which toll access 14 service is a component. 15
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(2) All other providers of intrastate special toll access 16 service, switched toll access services, toll, or WATS shall impute 17 to themselves in the aggregate on a service by service basis their 18 individual cost of special or switched toll access service or its 19 equivalent in their pricing. 20
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(2) All other providers of intrastate special toll access 16 service, switched toll access services, toll, or WATS shall impute 17 to themselves in the aggregate on a service by service basis their 18 individual cost of special or switched toll access service or its 19 equivalent in their pricing. 20
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(3) Telecommunication services that utilize special or 21 switched toll access service must be made available for resale by 22 the telecommunication provider offering the service. 23
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(3) Telecommunication services that utilize special or 21 switched toll access service must be made available for resale by 22 the telecommunication provider offering the service. 23
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Sec. 312. (1) The commission shall not review or set the rates 24 for toll service. 25
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Sec. 312. (1) The commission shall not review or set the rates 24 for toll service. 25
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(2) The commission shall require that toll service is 26 universally available to all persons within the state. 27
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(2) The commission shall require that toll service is 26 universally available to all persons within the state. 27
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(3) On commission review and approval, all providers of toll 28 service shall make available to their customers adjacent exchange 29
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(3) On commission review and approval, all providers of toll 28 service shall make available to their customers adjacent exchange 29
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toll calling plans. All providers of toll service shall inform
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toll calling plans. All providers of toll service shall inform
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their customers of the available plans that provide a monthly
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their customers of the available plans that provide a monthly
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allowance of toll calling to adjacent exchanges for which there is
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allowance of toll calling to adjacent exchanges for which there is
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no local calling. All providers of toll service shall inform their
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no local calling. All providers of toll service shall inform their
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customers of the available plans. The plans required under this
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customers of the available plans. The plans required under this
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subsection remain in effect under this act until altered by order
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subsection remain in effect under this act until altered by order
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of the commission.
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Sec. 313. (1) A telecommunication provider that provides 8 either basic local exchange , broadband, or toll service, or both, 9 any combination of those services, shall not discontinue either 10 service any of those services to an exchange unless 1 or more 11 alternative telecommunication providers for toll service, or 2 or 12 more alternative providers for basic local exchange service, are 13 furnishing a comparable voice the same telecommunication service to 14 the customers in the exchange. A comparable voice service includes 15 any 2-way voice service offered through any form of technology that 16 is capable of placing and receiving calls from a provider of basic 17 local exchange service, including voice over internet protocol 18 services and wireless services. 19
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Sec. 313. (1) A telecommunication provider that provides 8 either basic local exchange , broadband, or toll service, or both, 9 any combination of those services, shall not discontinue either 10 service any of those services to an exchange unless 1 or more 11 alternative telecommunication providers for toll service, or 2 or 12 more alternative providers for basic local exchange service, are 13 furnishing a comparable voice the same telecommunication service to 14 the customers in the exchange. A comparable voice service includes 15 any 2-way voice service offered through any form of technology that 16 is capable of placing and receiving calls from a provider of basic 17 local exchange service, including voice over internet protocol 18 services and wireless services. 19
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(2) A telecommunication provider proposing to discontinue a 20 regulated service to an exchange shall file a notice of the 21 discontinuance of service with the commission, publish the notice 22 in a newspaper of general circulation within the exchange, pro vide 23 notice to each of its customers within the exchange by first-class 24 mail or within customer bills, a nd provide other reasonable notice 25 as required by the commission. 26
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(2) A telecommunication provider proposing to discontinue a 20 regulated service to an exchange shall file a notice of the 21 discontinuance of service with the commission, publish the notice 22 in a newspaper of general circulation within the exchange, pro vide 23 notice to each of its customers within the exchange by first-class 24 mail or within customer bills, a nd provide other reasonable notice 25 as required by the commission. 26
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(3) Within 60 30 days after the date of publication or receipt 27 of the notice required by subsection (2), a person or other 28
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(3) Within 60 30 days after the date of publication or receipt 27 of the notice required by subsection (2), a person or other 28
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telecommunication provider affected by a discontinuance of services
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by a telecommunication provider may apply to the commission to 1
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by a telecommunication provider may apply to the commission to 1
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act. Within 90 days after the date of publication of the notice
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act. Within 90 days after the date of publication of the notice
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required by subsection (2), the commission may, in response to a 4
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required by subsection (2), the commission may, in response to a 4
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request or on its own initiative, commence a proceeding to 5
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determine if the discontinuance of service is authorized under this 6
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act. The commission has 180 days from the date any proceeding is 7
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initiated under this subsection to issue its final order. A 8
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provider shall not discontinue service unless it has provided at
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provider shall not discontinue service unless it has provided at
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least 60 days' notice to each customer after a commission order has 10
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least 60 days' notice to each customer after a commission order has 10
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been issued under this subsection or after the last day for 11
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initiating a proceeding under this subsection. 12
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initiating a proceeding under this subsection. 12
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(4) Discontinuance of basic local exchange service under this 13 section by an incumbent local exchange carrier does not affect the 14 requirements of that incumbent local exchange carrier under federal 15 law and this act. As used in this subdivision, "incumbent local 16 exchange carrier" means that term as defined in section 251(h) of 17 the telecommunications act of 1996, 47 USC 251. This section does 18 not create, restrict, or expand the commission's jurisdiction and 19 authority for any of the following: 20
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(4) Discontinuance of basic local exchange service under this 13 section by an incumbent local exchange carrier does not affect the 14 requirements of that incumbent local exchange carrier under federal 15 law and this act. As used in this subdivision, "incumbent local 16 exchange carrier" means that term as defined in section 251(h) of 17 the telecommunications act of 1996, 47 USC 251. This section does 18 not create, restrict, or expand the commission's jurisdiction and 19 authority for any of the following: 20
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(a) The jurisdiction and authority established under section 201.
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(a) The jurisdiction and authority established under section 201.
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(b)
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The jurisdiction and authority to carry out the
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The jurisdiction and authority to carry out the
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commission's obligations to enforce the rights, duties, and
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commission's obligations to enforce the rights, duties, and
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obligations of an entity that are established in sections 251 and
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obligations of an entity that are established in sections 251 and
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252 of the telecommunications act of 1996, 47 USC 251 and 252, and
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252 of the telecommunications act of 1996, 47 USC 251 and 252, and
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any applicable agreement or wholesale tariff or state law, rule,
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any applicable agreement or wholesale tariff or state law, rule,
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exchange voice traffic.
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The jurisdiction and authority to regulate switched access
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rates, terms, and conditions, including the implementation of
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rates, terms, and conditions, including the implementation of
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federal or state law concerning intercarrier compensation.
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federal or state law concerning intercarrier compensation.
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(5)
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(5)
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Subsections (1) to (3) do not apply after December 31,
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Subsections (1) to (3) do not apply after December 31,
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2016. Beginning January 1, 2017, a telecommunication provider that
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2016. Beginning January 1, 2017, a telecommunication provider that
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provides basic local exchange or toll service may discontinue that
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provides basic local exchange or toll service may discontinue that
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service in an exchange by doing each of the following:
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service in an exchange by doing each of the following:
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At the same time as filing a petition under section 214 of
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the telecommunications act of 1996, 47 USC 214, all of the
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the telecommunications act of 1996, 47 USC 214, all of the
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following:
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following:
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( i ) File a notice of the proposed discontinuance of service
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( i ) File a notice of the proposed discontinuance of service
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with the commission.
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with the commission.
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( ii ) Publish a notice of the proposed discontinuance of service
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( ii ) Publish a notice of the proposed discontinuance of service
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in a newspaper of general circulation within the exchange.
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in a newspaper of general circulation within the exchange.
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( iii ) Provide notice of the proposed discontinuance of service
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( iii ) Provide notice of the proposed discontinuance of service
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to each of the telecommunication provider's customers within the
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to each of the telecommunication provider's customers within the
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exchange by first-class mail or within customer bills.
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exchange by first-class mail or within customer bills.
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( iv ) Provide notice of the proposed discontinuance of service
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( iv ) Provide notice of the proposed discontinuance of service
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to any interconnecting telecommunication providers by first-class
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to any interconnecting telecommunication providers by first-class
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mail or other notice permitted under the terms of the
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mail or other notice permitted under the terms of the
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interconnection agreement between the providers.
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interconnection agreement between the providers.
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(b)
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(b)
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Upon approval of the federal communications commission to
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Upon approval of the federal communications commission to
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discontinue service, at least 90 days before discontinuing service,
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discontinue service, at least 90 days before discontinuing service,
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all of the following:
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all of the following:
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( i ) File a notice of the discontinuance of service with the
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( i ) File a notice of the discontinuance of service with the
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commission.
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commission.
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( ii ) Publish a notice of the discontinuance of service in a
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( ii ) Publish a notice of the discontinuance of service in a
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newspaper of general circulation within the exchange.
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newspaper of general circulation within the exchange.
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conditions a provider of basic local exchange service may 1
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discontinue service under this section.
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discontinue service under this section.
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Sec. 321. A provider of a regulated telecommunication service 3 shall not charge a rate for the service that is less than the total 4 service long run incremental cost of providing the service. 5
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Sec. 321. A provider of a regulated telecommunication service 3 shall not charge a rate for the service that is less than the total 4 service long run incremental cost of providing the service. 5
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Sec. 353a. (1) When negotiating a successor interconnection 6 agreement, unless the parties agree otherwise, the parties shall 7 use an interconnection agreement which that has been approved by 8 the commission in the 3-year period immediately preceding the 9 commencement of negotiations as the baseline document. A party 10 requesting the adoption of language different than that found in 11 the baseline document in an arbitration proceeding bears the burden 12 of persuasion that the requested change is lawful and appropriate. 13
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Sec. 353a. (1) When negotiating a successor interconnection 6 agreement, unless the parties agree otherwise, the parties shall 7 use an interconnection agreement which that has been approved by 8 the commission in the 3-year period immediately preceding the 9 commencement of negotiations as the baseline document. A party 10 requesting the adoption of language different than that found in 11 the baseline document in an arbitration proceeding bears the burden 12 of persuasion that the requested change is lawful and appropriate. 13
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(2) If a party negotiating an interconnection agreement takes 14 a position that the opposing party believes is contrary to a prior 15 ruling of the commission in an arbitration proceeding, the opposing 16 party may file a motion with the commission for a determination 17 under this section. The motion shall must be filed no later than 90 18 days from after the commencement of negotiations. The commission 19 shall rule upon on the motion within 21 days of after the date the 20 motion is filed, and the commission shall determine the extent to 21 which the issue may be relitigated. 22
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(2) If a party negotiating an interconnection agreement takes 14 a position that the opposing party believes is contrary to a prior 15 ruling of the commission in an arbitration proceeding, the opposing 16 party may file a motion with the commission for a determination 17 under this section. The motion shall must be filed no later than 90 18 days from after the commencement of negotiations. The commission 19 shall rule upon on the motion within 21 days of after the date the 20 motion is filed, and the commission shall determine the extent to 21 which the issue may be relitigated. 22
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Sec. 362. (1) The rate of a provider of local exchange service 23 is subject to subsection (2) if all of the following apply: 24
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Sec. 362. (1) The rate of a provider of local exchange service 23 is subject to subsection (2) if all of the following apply: 24
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(a) The provider has a service that competes with a service of another provider.
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(a) The provider has a service that competes with a service of another provider.
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The other provider utilizes a service, including any
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The other provider utilizes a service, including any
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unbundled service element or basic network component, from the
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unbundled service element or basic network component, from the
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provider of local exchange service that is not available within the
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provider of local exchange service that is not available within the
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relevant market or geographic area from any other provider of local 1 exchange service. 2
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relevant market or geographic area from any other provider of local 1 exchange service. 2
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(c) The provider of local exchange service uses that same 3 noncompetitive service or its functional equivalent. 4
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(2) The rate of a telecommunication service must exceed the 5 sum of both of the following: 6
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(a) The tariffed rates, including access, carrier common line, 7 residual interconnection, and similar charges, for the 8
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noncompetitive service or its functional equivalent that is 9 actually used by the provider of local exchange service, as those 10 rates would be charged a customer for the use of that service. 11
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noncompetitive service or its functional equivalent that is 9 actually used by the provider of local exchange service, as those 10 rates would be charged a customer for the use of that service. 11
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(b) The total service long run incremental costs of all other components of the provider of local exchange service.
#/body
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(b) The total service long run incremental costs of all other components of the provider of local exchange service.
text
Sec. 401. (1) Except as otherwise provided by law or preempted
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Sec. 401. (1) Except as otherwise provided by law or preempted
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by federal law, the commission does not have authority over
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by federal law, the commission does not have authority over
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enhanced services, paging, cellular, mobile, answering services,
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enhanced services, paging, cellular, mobile, answering services,
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retail broadband service, video, cable service, pay-per-view,
#/body
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retail broadband service, video, cable service, pay-per-view,
text
shared tenant, private networks, financial services networks, radio
#/body
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#/texts/715
shared tenant, private networks, financial services networks, radio
text
and television, WATS, personal communication networks, municipally
#/body
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#/texts/716
and television, WATS, personal communication networks, municipally
text
owned telecommunication system, 800 prefix services, burglar and
#/body
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#/texts/717
owned telecommunication system, 800 prefix services, burglar and
text
fire alarm services, energy management services, except for state
#/body
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#/texts/718
fire alarm services, energy management services, except for state
text
institutions of higher education the reselling of centrex or its
#/body
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#/texts/719
institutions of higher education the reselling of centrex or its
text
equivalent, payphone services, interconnected voice over internet
#/body
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#/texts/720
equivalent, payphone services, interconnected voice over internet
text
protocol service, and the reselling of an unlicensed
#/body
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#/texts/721
protocol service, and the reselling of an unlicensed
text
telecommunication service. The services listed in this subsection
#/body
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#/texts/722
telecommunication service. The services listed in this subsection
text
shall are not be considered part of basic local exchange service.
#/body
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#/texts/723
shall are not be considered part of basic local exchange service.
text
(2)
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(2)
text
The commission has authority over the telecommunication
#/body
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#/texts/725
The commission has authority over the telecommunication
text
services specifically provided for in this act.
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services specifically provided for in this act.
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(3) This section does not modify or affect either of the 29
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(3) This section does not modify or affect either of the 29
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following: 1
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following: 1
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(a) The authority of a provider or the commission to act 2 pursuant to or enforce 47 USC 251, 47 USC 252, any lawful and 3
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(a) The authority of a provider or the commission to act 2 pursuant to or enforce 47 USC 251, 47 USC 252, any lawful and 3
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applicable tariff, or any state law, regulation, or order related 4
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applicable tariff, or any state law, regulation, or order related 4
text
5
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to wholesale rights and obligations, including the rights and
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to wholesale rights and obligations, including the rights and
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obligations of local exchange carriers to interconnect and exchange 6 voice traffic. 7
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obligations of local exchange carriers to interconnect and exchange 6 voice traffic. 7
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8
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(b) The payment of switched access rates or other intercarrier compensation rates, as applicable.
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(b) The payment of switched access rates or other intercarrier compensation rates, as applicable.
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Sec. 502. (1) A provider of a basic local exchange
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Sec. 502. (1) A provider of a basic local exchange
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telecommunication service shall not do any of the following:
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telecommunication service shall not do any of the following:
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(a)
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(a)
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Make a statement or representation, including the omission
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Make a statement or representation, including the omission
text
of material information, regarding the rates, terms, or conditions
#/body
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#/texts/758
of material information, regarding the rates, terms, or conditions
text
of providing a telecommunication service that is intentionally
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#/texts/759
of providing a telecommunication service that is intentionally
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false, misleading, or deceptive. As used in this subdivision,
#/body
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#/texts/760
false, misleading, or deceptive. As used in this subdivision,
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"material information" includes, but is not limited to, a good
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#/texts/761
"material information" includes, but is not limited to, a good
text
faith estimate of all applicable fees, taxes, and charges that will
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faith estimate of all applicable fees, taxes, and charges that will
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be billed to the end-user, regardless of whether the fees, taxes,
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be billed to the end-user, regardless of whether the fees, taxes,
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or charges are authorized by state or federal law.
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or charges are authorized by state or federal law.
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(b)
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(b)
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Charge an end-user for a subscribed service for which the
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Charge an end-user for a subscribed service for which the
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end-user did not make an initial affirmative order. Failure to
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end-user did not make an initial affirmative order. Failure to
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refuse an offered or proposed subscribed service is not an
#/body
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refuse an offered or proposed subscribed service is not an
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affirmative order for the service.
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affirmative order for the service.
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(c) If an end-user has canceled a service, charge the end-user 24 for service provided after the effective date the service was 25 canceled. 26
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(c) If an end-user has canceled a service, charge the end-user 24 for service provided after the effective date the service was 25 canceled. 26
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(d)
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(d)
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If a residential end-user has orally ordered a service,
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If a residential end-user has orally ordered a service,
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fail to confirm the order in writing within 15 days after the
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fail to confirm the order in writing within 15 days after the
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service is ordered.
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service is ordered.
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(e) State to an end-user that their basic local exchange 1 service or other regulated service will be discontinued unless the 2 end-user pays a charge that is due for an unregulated service. 3
#/groups/66
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(e) State to an end-user that their basic local exchange 1 service or other regulated service will be discontinued unless the 2 end-user pays a charge that is due for an unregulated service. 3
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(f) Disparage the services, business, or reputation of another 4 by false, deceptive, or misleading representation of fact. 5
#/groups/66
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(f) Disparage the services, business, or reputation of another 4 by false, deceptive, or misleading representation of fact. 5
text
6
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(g) Represent to a party to whom services are supplied that the services are being supplied in response to a request made by or on behalf of the party when they are not.
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(g) Represent to a party to whom services are supplied that the services are being supplied in response to a request made by or on behalf of the party when they are not.
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(h) (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.
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(h) (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.
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(i) (e) Represent or imply that the subject of a transaction 14 will be provided promptly, or at a specified time, or within a 15 reasonable time, if the provider knows or has reason to know it 16 will not be so provided. 17
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(i) (e) Represent or imply that the subject of a transaction 14 will be provided promptly, or at a specified time, or within a 15 reasonable time, if the provider knows or has reason to know it 16 will not be so provided. 17
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(j) Cause coercion and duress as a result of the time and nature of a sales presentation.
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(j) Cause coercion and duress as a result of the time and nature of a sales presentation.
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(k) (f) Require the purchase of a regulated service of the provider as a condition of purchasing an unregulated service.
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(k) (f) Require the purchase of a regulated service of the provider as a condition of purchasing an unregulated service.
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( l ) (g) If a bona fide dispute exists between a customer and the provider, disconnect the service to the customer for nonpayment of that disputed amount.
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( l ) (g) If a bona fide dispute exists between a customer and the provider, disconnect the service to the customer for nonpayment of that disputed amount.
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(2) When the commission has authority to bring a proceeding 25 for a violation of this section, the commission may accept an 26 assurance of discontinuance of a method, act, or practice that is 27
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(2) When the commission has authority to bring a proceeding 25 for a violation of this section, the commission may accept an 26 assurance of discontinuance of a method, act, or practice that is 27
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28
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alleged to be unlawful under this section from the person who is
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alleged to be unlawful under this section from the person who is
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alleged to have engaged, be engaging, or be about to engage in the
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alleged to have engaged, be engaging, or be about to engage in the
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method, act, or practice. The assurance of discontinuance is not an 1
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method, act, or practice. The assurance of discontinuance is not an 1
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admission of guilt and shall must not be introduced in any other 2
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#/texts/813
admission of guilt and shall must not be introduced in any other 2
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proceeding. Unless rescinded by the parties or voided by the court 3
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proceeding. Unless rescinded by the parties or voided by the court 3
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for good cause, the parties to the assurance of discontinuance may 4
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#/texts/815
for good cause, the parties to the assurance of discontinuance may 4
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enforce the assurance in circuit court. The assurance of 5
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enforce the assurance in circuit court. The assurance of 5
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discontinuance may include a stipulation for any of the following: 6
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discontinuance may include a stipulation for any of the following: 6
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(a) The voluntary payment by the person for the cost of 7 investigation. 8
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(a) The voluntary payment by the person for the cost of 7 investigation. 8
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(b) An amount to be held in escrow pending the outcome of an action.
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(b) An amount to be held in escrow pending the outcome of an action.
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establish privacy guidelines in the providing of telecommunication
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establish privacy guidelines in the providing of telecommunication
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(c) An amount for restitution to an aggrieved person. 11 Sec. 503. (1) The commission shall promulgate rules that 12 13 services. 14
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(c) An amount for restitution to an aggrieved person. 11 Sec. 503. (1) The commission shall promulgate rules that 12 13 services. 14
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(2) The rules promulgated under this section must include, but 15 need not be limited to, protections against the releasing of 16 certain customer information and customer privacy intrusions. 17
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(2) The rules promulgated under this section must include, but 15 need not be limited to, protections against the releasing of 16 certain customer information and customer privacy intrusions. 17
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(3) A person who obtains an unpublished telephone number using 18 a telephone caller identification service shall not do any of the 19 following without the written consent of the customer of the 20 unpublished telephone number: 21
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(3) A person who obtains an unpublished telephone number using 18 a telephone caller identification service shall not do any of the 19 following without the written consent of the customer of the 20 unpublished telephone number: 21
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(a) Disclose the unpublished telephone number to another 22 person for commercial gain. 23
#/groups/70
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(a) Disclose the unpublished telephone number to another 22 person for commercial gain. 23
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24
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(b) Use the unpublished telephone number to solicit business.
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(b) Use the unpublished telephone number to solicit business.
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(c) Intentionally disclose the unpublished telephone number 25 through a computer data base, on-line bulletin board, or other 26 similar mechanism. 27
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(c) Intentionally disclose the unpublished telephone number 25 through a computer data base, on-line bulletin board, or other 26 similar mechanism. 27
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Sec. 504. Each telecommunication provider doing business in 28 this state shall file with the commission a small and minority 29
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Sec. 504. Each telecommunication provider doing business in 28 this state shall file with the commission a small and minority 29
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owned telecommunication business participation plan. A new provider 1
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owned telecommunication business participation plan. A new provider 1
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seeking to do business in this state shall file a small and 2
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seeking to do business in this state shall file a small and 2
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minority owned telecommunication business participation plan with 3
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minority owned telecommunication business participation plan with 3
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the commission with its application for license. The plan must 4
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the commission with its application for license. The plan must 4
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contain the entity's plan for purchasing goods and services from 5
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contain the entity's plan for purchasing goods and services from 5
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small and minority owned telecommunications businesses and 6
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small and minority owned telecommunications businesses and 6
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information on programs, if any, to provide technical assistance to 7
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information on programs, if any, to provide technical assistance to 7
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small and minority owned telecommunications businesses. 8
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small and minority owned telecommunications businesses. 8
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Sec. 602. The commission shall ensure that none of the amounts 9 paid under section 601 or any other related defense costs are 10
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Sec. 602. The commission shall ensure that none of the amounts 9 paid under section 601 or any other related defense costs are 10
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passed through to the provider's customers in any manner. 11
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passed through to the provider's customers in any manner. 11
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the information disclosed.
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(4) Information regarding settlement, including a recommended
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settlement issued by a mediator in a proceeding, shall be disclosed
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only to the parties to the proceeding unless all parties consent to
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disclosure. A mediator's recommended settlement may be disclosed to
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the commission after the commission has issued a final order. The
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administrative law judge assigned to any contested case proceeding
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arising from a mediation shall not be made aware of the acceptance
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or rejection by the parties of the recommended settlement, or the
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terms of the recommended settlement. The parties to the mediation
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shall not disclose or reveal the terms of the recommended
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settlement to anyone other than the parties to the mediation.
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Sec. 213. (1) Subject to section 201 ,  and limited to its
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specific authority over a service as provided under this act, the
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commission may promulgate rules under the administrative procedures
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act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
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(2) A proceeding before the commission to promulgate rules
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the date that the proceeding is initiated.
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(3) The following administrative rules are rescinded:
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(a) Privacy standards for telecommunication services, R
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484.201 to R 484.208 of the Michigan administrative code.
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(b) Billing standards for basic residential telecommunication
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service, R 484.301 to R 484.386 of the Michigan administrative
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code.
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(c) Telecommunications service quality, R 484.519 to R 484.571
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Sec. 301a. A provider licensed under this act shall offer
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primary basic local exchange service to each residential customer
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the information disclosed.
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settlement issued by a mediator in a proceeding, shall be disclosed
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only to the parties to the proceeding unless all parties consent to
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disclosure. A mediator's recommended settlement may be disclosed to
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arising from a mediation shall not be made aware of the acceptance
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terms of the recommended settlement. The parties to the mediation
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shall not disclose or reveal the terms of the recommended
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settlement to anyone other than the parties to the mediation.
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Sec. 213. (1) Subject to section 201 ,  and limited to its
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specific authority over a service as provided under this act, the
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commission may promulgate rules under the administrative procedures
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act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
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(2) A proceeding before the commission to promulgate rules
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the date that the proceeding is initiated.
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(3) The following administrative rules are rescinded:
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(a) Privacy standards for telecommunication services, R
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484.201 to R 484.208 of the Michigan administrative code.
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(b) Billing standards for basic residential telecommunication
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service, R 484.301 to R 484.386 of the Michigan administrative
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code.
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(c) Telecommunications service quality, R 484.519 to R 484.571
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Sec. 301a. A provider licensed under this act shall offer
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primary basic local exchange service to each residential customer
table
#/body
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#/tables/0
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( iii ) Provide notice of the discontinuance of service to each of
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the telecommunication provider's customers within the exchange by
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first-class mail or within customer bills.
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( iv ) Provide notice to any interconnecting telecommunication
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providers by first-class mail or other notice permitted under the
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terms of the interconnection agreement between the providers.
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(6) After January 1, 2017, and only in an area in which a
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telecommunication provider either has given notice of a proposed
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discontinuance of service under subsection (5) or has discontinued
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service within the previous 90 days, a customer of that provider or
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any interconnecting telecommunication provider may request the
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commission to investigate the availability of comparable voice
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service with reliable access to 9-1-1 and emergency services to
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that customer or a customer of an interconnecting telecommunication
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provider. If the commission, after conducting an investigation to
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last no longer than 180 days regarding the availability of
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comparable voice service with reliable access to 9-1-1 and
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emergency services, determines that the federal communications
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commission failed to make a finding that the present and future
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public convenience and necessity is not adversely affected or has
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not adequately addressed the issue, the commission shall declare by
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order that an emergency exists in an area in this state that is not
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served by at least 1 voice service provider offering comparable
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voice service with reliable access to 9-1-1 and emergency services
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through any technology or medium and shall conduct a request for
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service process to identify a willing provider of comparable voice
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that area, including the current provider. A provider shall not be
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required to participate in the request for service process. The
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( iii ) Provide notice of the discontinuance of service to each of
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2
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the telecommunication provider's customers within the exchange by
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3
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first-class mail or within customer bills.
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( iv ) Provide notice to any interconnecting telecommunication
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5
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providers by first-class mail or other notice permitted under the
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6
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terms of the interconnection agreement between the providers.
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7
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(6) After January 1, 2017, and only in an area in which a
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8
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telecommunication provider either has given notice of a proposed
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9
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discontinuance of service under subsection (5) or has discontinued
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10
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service within the previous 90 days, a customer of that provider or
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any interconnecting telecommunication provider may request the
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commission to investigate the availability of comparable voice
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service with reliable access to 9-1-1 and emergency services to
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that customer or a customer of an interconnecting telecommunication
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provider. If the commission, after conducting an investigation to
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last no longer than 180 days regarding the availability of
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comparable voice service with reliable access to 9-1-1 and
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emergency services, determines that the federal communications
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commission failed to make a finding that the present and future
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public convenience and necessity is not adversely affected or has
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not adequately addressed the issue, the commission shall declare by
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order that an emergency exists in an area in this state that is not
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served by at least 1 voice service provider offering comparable
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voice service with reliable access to 9-1-1 and emergency services
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25
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through any technology or medium and shall conduct a request for
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26
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service process to identify a willing provider of comparable voice
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that area, including the current provider. A provider shall not be
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required to participate in the request for service process. The
table
#/body
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#/tables/1
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willing provider may utilize any form of technology that is capable
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of providing comparable voice service with reliable access to 9-1-1
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and emergency services, including voice over internet protocol
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services and wireless services. If the commission determines that
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another provider is not capable of providing comparable voice
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service with reliable access to 9-1-1 and emergency services in
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that area, the commission shall issue an order requiring the
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current telecommunication provider to provide comparable voice
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service with reliable access to 9-1-1 and emergency services in
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that area utilizing any form of technology that the commission
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determines is capable of providing comparable voice service with
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reliable access to 9-1-1 and emergency services, including voice
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over internet protocol services and wireless services, until
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another willing provider is available. An intrastate universal
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service fund under section 316a shall not be created or used to
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compensate or fund a willing provider or current telecommunication
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provider to provide service under this section. As used in this
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subsection:
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(a) "Comparable voice service" includes any 2-way voice
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service offered through any form of technology, including voice
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over internet protocol services and wireless services, that is
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capable of placing calls to and receiving calls from a provider of
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basic local exchange service.
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(b) "Emergency services" means services provided to the public
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by police, fire, ambulance, or other first responders.
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(c) "Reliable access to 9-1-1" means the rules, regulations,
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27
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and guidelines set forth in the FCC trials order, including all
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28
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appendices, that provide comparable and reliable consumer access to
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29
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emergency services.
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1
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willing provider may utilize any form of technology that is capable
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2
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of providing comparable voice service with reliable access to 9-1-1
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3
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and emergency services, including voice over internet protocol
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4
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services and wireless services. If the commission determines that
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5
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another provider is not capable of providing comparable voice
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6
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service with reliable access to 9-1-1 and emergency services in
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7
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that area, the commission shall issue an order requiring the
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8
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current telecommunication provider to provide comparable voice
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9
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service with reliable access to 9-1-1 and emergency services in
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10
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that area utilizing any form of technology that the commission
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11
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determines is capable of providing comparable voice service with
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12
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reliable access to 9-1-1 and emergency services, including voice
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13
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over internet protocol services and wireless services, until
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14
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another willing provider is available. An intrastate universal
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15
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service fund under section 316a shall not be created or used to
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16
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compensate or fund a willing provider or current telecommunication
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17
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provider to provide service under this section. As used in this
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subsection:
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(a) "Comparable voice service" includes any 2-way voice
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20
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service offered through any form of technology, including voice
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21
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over internet protocol services and wireless services, that is
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capable of placing calls to and receiving calls from a provider of
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basic local exchange service.
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(b) "Emergency services" means services provided to the public
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by police, fire, ambulance, or other first responders.
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26
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(c) "Reliable access to 9-1-1" means the rules, regulations,
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27
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and guidelines set forth in the FCC trials order, including all
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28
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appendices, that provide comparable and reliable consumer access to
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29
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emergency services.
table
#/body
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#/tables/2
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(d) "Willing provider" means a provider that voluntarily
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participates in the request for service process.
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(7) Beginning January 1, 2017, a telecommunication provider
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4
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that discontinues service under this section shall adhere to all
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5
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rules, regulations, and guidelines set forth in the FCC trials
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6
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order, including all appendices, for each of that telecommunication
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7
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provider's exchanges in this state, whether or not the
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8
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discontinuance is undertaken pursuant to an official trial under
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9
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the FCC trials order, except that all notices or reports to be
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filed with the federal communications commission shall be submitted
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to the Michigan public service commission for its information. This
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12
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subsection is effective until the federal communications commission
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determines the legal and policy framework and establishes the
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14
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requirements for the IP-transition including emergency connectivity
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requirements that provide comparable and reliable consumer access
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to emergency services.
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(8) As used in this section, "FCC trials order" means the
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order of the federal communications commission, GN docket nos. 13-5
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and 12-353, adopted January 30, 2014, and any subsequent order of
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the federal communications commission modifying or revising that
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21
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order that includes emergency connectivity requirements that
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provide comparable and reliable consumer access to emergency
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services.
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Sec. 314. (1) A provider of a regulated service shall not
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discontinue the regulated service for failure by a customer to pay
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25
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26
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a rate or charge imposed for an unregulated service. For the
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are allocated between regulated and unregulated services.
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(2) The commission shall determine when and under what
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(d) "Willing provider" means a provider that voluntarily
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participates in the request for service process.
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3
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(7) Beginning January 1, 2017, a telecommunication provider
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4
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that discontinues service under this section shall adhere to all
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5
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rules, regulations, and guidelines set forth in the FCC trials
BOTTOMLEFT
6
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order, including all appendices, for each of that telecommunication
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7
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provider's exchanges in this state, whether or not the
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8
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discontinuance is undertaken pursuant to an official trial under
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9
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the FCC trials order, except that all notices or reports to be
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10
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filed with the federal communications commission shall be submitted
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11
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to the Michigan public service commission for its information. This
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12
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subsection is effective until the federal communications commission
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13
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determines the legal and policy framework and establishes the
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14
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requirements for the IP-transition including emergency connectivity
BOTTOMLEFT
15
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requirements that provide comparable and reliable consumer access
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16
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to emergency services.
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17
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(8) As used in this section, "FCC trials order" means the
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18
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order of the federal communications commission, GN docket nos. 13-5
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19
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and 12-353, adopted January 30, 2014, and any subsequent order of
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20
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the federal communications commission modifying or revising that
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21
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order that includes emergency connectivity requirements that
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22
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provide comparable and reliable consumer access to emergency
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23
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services.
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24
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Sec. 314. (1) A provider of a regulated service shall not
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discontinue the regulated service for failure by a customer to pay
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25
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26
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a rate or charge imposed for an unregulated service. For the
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28
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are allocated between regulated and unregulated services.
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29
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(2) The commission shall determine when and under what
table
#/body
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#/tables/3