HOUSE BILL No. 6564


     December 3, 2002, Introduced by Reps. Lemmons and Durhal and referred to the Committee on Energy and Technology.


        A bill to amend 1991 PA 179, entitled

   "Michigan telecommunications act,"

   by amending section 317 (MCL 484.2317), as added by 1995 PA 216.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 317.  (1) The commission shall adopt operating require-

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        ments for operator service providers.  The requirements shall

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        include ALL OF the following:

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             (a) That an OSP shall furnish each entity with which the OSP

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        contracts to provide operator service a sticker, card, or other

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        form of information for each telephone that has access to the

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        operator service.  The information shall include the name of the

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        operator service provider, a toll-free customer service telephone

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        number, and a statement that charges imposed by the operator

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        service provider may be obtained by calling the toll-free

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        telephone number.  The operator service provider shall require by


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        contract that the entity receiving the information display the

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        information on or near each of the telephones that has access to

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        the service.

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             (b) Prior to the connection of each call, the operator serv-

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        ice provider shall do all of the following:

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             (i) Announce the operator service provider's name.

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             (ii) Quote, at the caller's request and without charge, the

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        rate and any other fees or surcharges applicable to the call

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        charged by the operator service provider.

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             (c) Allow a caller to choose the carrier of his or her

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        choice by doing either of the following:

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             (i) After informing the caller that the rates for the call

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        may not reflect the rates for a call from the location of the

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        caller and receiving the caller's consent, transfer the caller to

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        the carrier of his or her choice without charge.

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             (ii) Instruct the caller how to reach his or her carrier of

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        choice by dialing the carrier's 950, 1-800, or 10-XXX access

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        service method.

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             (d) Allow callers to the operator service provider to reach

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        emergency services without charge.

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             (2) An operator service provider shall not provide operator

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        services in this state without first registering with the

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        commission.  The registration shall include the following

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        information:

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             (a) The name of the provider.

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





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

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        address of the registered office and the name of the registered

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        agent authorized to receive service of process in this state.

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

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             (3) The registration shall be accompanied with a registra-

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        tion fee of $100.00.

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             (4) The registration is effective immediately upon filing

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        with the commission and the payment of the registration fee and

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        shall remain in effect for 1 year from its effective date.

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

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        the commission a renewal registration on a form provided by the

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

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             (6) Except as otherwise authorized by the commission, a pro-

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        vider under this section shall not charge a rate for operator

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        services or toll service that is greater than  300% of  the state

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        average rate for operator or toll service by providers of regu-

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        lated toll service.

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             (7) A provider shall not discontinue basic local exchange

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        service for failure by a person to pay an OSP charge.

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             (8) In addition to any other penalty under this act, a

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        person who is charged for the use of an operator service provider

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        or is denied access to emergency services in violation of this

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        section may bring a civil action against the OSP to recover

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        actual damages or $250.00, whichever is greater, plus all reason-

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        able attorney fees.







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