2004 House Bill 6337 / Public Act 591

Authorize telecom “anti-trust” regulation

Introduced in the House

Nov. 10, 2004

Introduced by Rep. Ken Bradstreet (R-105)

To establish that the Michigan Public Service Commission has the authority to make rules regarding telecommunication issues, after a recent Court of Appeals case ruling interpreted an existing statute to mean that this authority does not exist. The bill would also expand the commission's authority into the area of anti-competitive behavior by telecommunications companies (anti-trust).

Referred to the Committee on Energy and Technology

Dec. 1, 2004

Reported without amendment

Dec. 2, 2004

Substitute offered by Rep. Joseph Rivet (D-96)

To replace the previous version of the bill with one that would only re-establish that the Michigan Public Service Commission's authority to make basic telecommunication issue rules, not anti-trust rules.

The substitute passed by voice vote

Passed in the House 96 to 0 (details)

To establish that the Michigan Public Service Commission (MPSC) has the authority to make rules regarding telecommunication issues, after a recent Court of Appeals case ruling interpreted an existing statute to mean that this authority does not exist. The bill also requires the MPSC to conclude the promulgation process for any particular rule within 180 days.

Received in the Senate

Dec. 7, 2004

Referred to the Committee on Technology and Energy

Dec. 9, 2004

Amendment offered

To give the MPSC rulemaking authority only until July 1, 2005. Certain rules establishing penalties for delays in fixing loss of service complaints are not included. It is expected that the legislature will revisit this issue before July 1, 2005.

The amendment passed by voice vote

Passed in the Senate 36 to 0 (details)

To establish that the Michigan Public Service Commission (MPSC) has the authority to make rules regarding telecommunication issues, after a recent Court of Appeals case ruling interpreted an existing statute to mean that this authority does not exist. The bill only extends MPSC's rulemaking authority to July 1, 2005, and does not grant authority to enforce certain loss of service complaint penalty rules. It is expected that the legislature will revisit this issue before July 1, 2005.

Received in the House

Dec. 9, 2004

To concur with the Senate-passed version of the bill, which gives the MPSC rulemaking authority only until July 1, 2005.

Passed in the House 97 to 0 (details)

Signed by Gov. Jennifer Granholm

Dec. 31, 2004