Title 484, TELEPHONE, TELEGRAPH, AND RADIO

Sec. 2. As used in this act: (a) "Active duty" means active duty pursuant to an executive order of the president of the United States, an act of congress, or an order of the governor. (b) "Armed forces" means that term as defined in section 2 of the veteran right to employment se…

Sec. 3. If a service member is transferred, or deployed overseas, on active duty for a period of 179 days or more, to an area where the service member's existing wireless telecommunications provider does not offer facilities-based wireless service, the service member, or the spou…

Sec. 4. A termination of a contract with a wireless telecommunications provider under section 3 is effective on the date all of the following are met: (a) The service member who is transferred, or deployed overseas, on active duty, or the service member's spouse, provides the les…

Sec. 5. (1) If a contract with a wireless telecommunications provider is terminated under this act, the service member remains responsible for any use charges incurred before termination. (2) If a contract with a wireless telecommunications provider is terminated under this act, …

Sec. 6. In addition to any other penalty that may be provided by law, the attorney general may file a civil action in which the court may impose on a wireless telecommunications provider that violates this act a civil fine of not more than $2,000.00 for each violation. Money reco…

Sec. 7. This act does not apply to prepaid wireless telecommunications services.

Sec. 1. The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a pa…

Sec. 2. The owner, licensee or operator, or the agents or employees of any such owner, licensee or operator of such a station or network of stations, shall not be liable for any damages for any defamatory statement uttered over the facilities of such station or network by or on b…

Sec. 1. This act shall be known and may be cited as the "broadband expansion act of Michigan".

Sec. 2. As used in this act: (a) "Applicant" means an internet service provider that submits an application for a grant after collaborating with the community in the unserved area. (b) "Broadband service" means a retail service, not including a satellite service, capable of deliv…

Sec. 3. Within 60 days after receiving an appropriation or federal funding to implement this act, the department shall establish and implement a statewide broadband service grant program called the broadband expansion act of Michigan grant program. Money for the program must be p…

Sec. 4. (1) The department shall only use money from the grant program to award grants to applicants for projects that exclusively extend broadband service into unserved areas in this state and for the department's costs to administer the program. (2) The department shall not, di…

Sec. 5. (1) An award of funds must be issued by a competitive grant process. The grant process must be technology neutral, and result in awards to applicants proposing projects based on objective and efficient procedures. The criteria for determining the award of funds must inclu…

Sec. 6. Within 30 days after receiving an appropriation or federal funding to implement this act, the department shall establish and publish on the department's website the criteria for competitively scoring applications. Within 60 days after the department publishes the criteria…

Sec. 7. (1) An applicant for a grant under this act shall provide the following information on the application: (a) The location of the project in the unserved area described by either the specific street addresses to be served or a shapefile as that term is defined in 47 USC 641…

Sec. 8. (1) As part of an application under this act, an applicant may request that the department specifically delineate an area within a census block as being an unserved area. To tentatively establish an unserved area within a census block, an applicant must attest to all of t…

Sec. 9. At the time a grant is awarded to an applicant, the department shall immediately provide notice on its website of each application receiving a grant, including the name of the entity, the amount of money being received, the broadband speed, and the unserved area for which…

Sec. 10. The department shall require an applicant awarded a grant to submit a semiannual report from the time the applicant receives the grant to 3 years after completion of the project. The semiannual reports must be made available on the department's website with any proprieta…

Sec. 11. A person that files a false statement under this act is ineligible to receive a grant under this act the next time grants are issued after filing that false statement.

Sec. 1. (1) This act shall be known and may be cited as the "uniform video services local franchise act". (2) As used in this act: (a) "Cable operator" means that term as defined in 47 USC 522(5). (b) "Cable service" means that term as defined in 47 USC 522(6). (c) "Cable system"…

Sec. 2. (1) No later than 30 days from the effective date of this act, the commission shall issue an order establishing the standardized form for the uniform video service local franchise agreement to be used by each franchising entity in this state. (2) Except as otherwise provi…

Sec. 3. (1) Before offering video services within the boundaries of a local unit of government the video provider shall enter into or possess a franchise agreement with the local unit of government as required by this act. (2) A franchising entity shall notify the provider as to …

Sec. 4. (1) A video service provider shall designate a sufficient amount of capacity on its network to provide for the same number of public, education, and government access channels that are in actual use on the incumbent video provider system on the effective date of this act …

Sec. 5. (1) As of the effective date of this act, no existing franchise agreement with a franchising entity shall be renewed or extended upon the expiration date of the agreement. (2) The incumbent video provider, at its option, may continue to provide video services to the franc…

Sec. 6. (1) A video service provider shall calculate and pay an annual video service provider fee to the franchising entity. The fee shall be 1 of the following: (a) If there is an existing franchise agreement, an amount equal to the percentage of gross revenues paid to the franc…

Sec. 7. (1) No more than every 24 months, a franchising entity may perform reasonable audits of the video service provider's calculation of the fees paid under section 6 to the franchising entity during the preceding 24-month period only. All records reasonably necessary for the …

Sec. 8. (1) A franchising entity shall allow a video service provider to install, construct, and maintain a video service or communications network within a public right-of-way and shall provide the provider with open, comparable, nondiscriminatory, and competitively neutral acce…

Sec. 9. (1) A video service provider shall not deny access to service to any group of potential residential subscribers because of the race or income of the residents in the local area in which the group resides. (2) It is a defense to an alleged violation of subsection (1) if th…

Sec. 10. (1) A video service provider shall not do in connection with the providing of video services to its subscribers and the commission may enforce compliance with any of the following to the extent that the activities are not covered by section 2(3)(l): (a) Make a statement …

Sec. 11. (1) Except under the terms of a mandatory protective order, trade secrets and commercial or financial information submitted under this act to the franchising entity or commission are exempt from the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (2) If in…

Sec. 12. (1) The commission's authority to administer this act is limited to the powers and duties explicitly provided for under this act, and the commission shall not have the authority to regulate or control a provider under this act as a public utility. (2) The commission shal…

Sec. 13. This act does not prohibit a local unit of government and a video service provider from entering into a voluntary franchise agreement that includes terms and conditions different than those required under this act, including, but not limited to, a reduction in the franch…

Sec. 14. (1) After notice and hearing, if the commission finds that a person has violated this act, the commission shall order remedies and penalties to protect and make whole persons who have suffered damages as a result of the violation, including, but not limited to, 1 or more…

Sec. 15. (1) Effective January 1, 2010, the commission within 30 days after the enactment into law of any appropriation to it shall ascertain the amount of the appropriation attributable to the actual costs to the commission in exercising its duties under this act and that amount…