March 16, 2004, Introduced by Senators JACOBS, BERNERO and BRATER and referred to the Committee on Technology and Energy.
A bill to amend 1991 PA 179, entitled
"Michigan telecommunications act,"
by amending section 305 (MCL 484.2305), as amended by 1995 PA
216.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 305. (1) A provider of basic local exchange service
2 shall not 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.
1 (e) Develop new services to take advantage of planned but not
2 publicly known changes in the underlying network.
3 (f) Refuse or delay a request of another provider for
4 information regarding the technical design, equipment
5 capabilities and features, geographic coverage, and traffic
6 patterns of the local exchange network.
7 (g) Refuse or delay access service or be unreasonable in
8 connecting another provider to the local exchange whose product
9 or service requires novel or specialized access service
10 requirements.
11 (h) Upon a request, fail to fully disclose in a timely manner
12 all available information necessary for the design of equipment
13 that will meet the specifications of the local exchange network.
14 (i) Discriminate against any provider or any party who
15 requests the information for commercial purposes in the
16 dissemination of customer proprietary information. A provider
17 shall provide without unreasonable discrimination or delay
18 telephone directory listing information and related services to
19 persons purchasing telephone directory listing information to the
20 same extent and in the same quality as provided to the provider,
21 affiliates of the provider, or any other listing information
22 purchaser.
23 (j) Refuse or delay access service by any person to another
24 provider.
25 (k) Sell, lease, or otherwise transfer an asset to an
26 affiliate for an amount less than the fair market value of the
27 asset.
1 (l) Buy, lease, or otherwise acquire an asset from an
2 affiliate of the provider for an amount greater than the fair
3 market value of the asset.
4 (m) Bundle unwanted services or products for sale or lease to
5 another provider.
6 (n) Perform any act that has been prohibited by this act or
7 an order of the commission.
8 (o) Sell services or products, extend credit, or offer other
9 terms and conditions on more favorable terms to an affiliate of
10 the provider than the provider offers to other providers.
11 (p) Discriminate in favor of an affiliated burglar and fire
12 alarm service over a similar service offered by another
13 provider.
14 (2) A provider of cellular telecommunication services shall
15 not do either any
of the following:
16 (a) Unreasonably provide services, extend credit, or offer
17 other terms and conditions on more favorable terms to an
18 affiliate of the provider or to its retail department that sells
19 to end users than the provider offers to other providers.
20 (b) Unreasonably use rates or proceeds from providers,
21 directly or indirectly, to subsidize or offset the costs of
22 cellular service offered by the provider, or an affiliate of the
23 provider, to other providers or to end-users.
24 (c) Unreasonably assess a charge or fee that penalizes a
25 customer for terminating a service contract prior to the
26 contract's expiration date. The charge or fee shall be the
27 actual cost to the provider or $15.00, whichever is less.
1 (3) Until a provider has complied with section 304a, the
2 provider of a rate regulated service shall not provide that
3 service in combination with an unregulated service in section 401
4 or an unbundled or resold service under section 357 at a price
5 that does not exceed the total service long run incremental cost
6 of each service.