Video/Cable Television Frequently Asked Questions

Transcription

1 Michigan Public Service Commission Video/Cable Television Frequently Asked Questions 1. Q. What is the Michigan Public Service Commission s (MPSC) role regarding video/cable television? Does the MPSC regulate cable television? A. The Commission's authority is limited to that provided by statute (2006 PA 480). In Section 12(1) of the Act, it states: "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." (emphasis added) While the Commission's authority is limited, the Commission still has many responsibilities which include, but are not limited to: reviews disputes between customers and providers, providers and providers, and providers and franchise entities; construct a standardized uniform agreement form; receive annual reports from providers; administer the formal process to review disputes; submit an annual report (February 1 of each year) to the Governor and Legislature, and order remedies and penalties for violations of the Act. 2. Q. Are you having a problem with your video/cable television provider? A. If you are experiencing problems with your provider, you should first contact your provider and attempt to resolve the dispute with them. If you are dissatisfied with the provider s response, or the dispute is not resolved to your satisfaction, you may file an informal complaint with the MPSC. 3. Q. Do you have a satellite television complaint? A. If you are experiencing a problem with your satellite television, you should contact the Federal Trade Commission (FTC): (877) or The MPSC does not have authority over satellite complaints or inquiries. 4. Q. Are there any alternative providers in my area? A. If you are inquiring as to what other video/cable providers may be in your area, you should contact your local franchise entity directly. The franchise entity is the local unit of government in which a provider offers video services through a franchise. In most cases, the franchise entity is the township, village, or city that you live in. Since satellite providers do not have franchise agreements, you must contact the satellite providers directly. MPSC Staff: January

2 Michigan Public Service Commission 5. Q. I would like to have cable service, but the cable company is requiring me to pay a large construction fee to bring the service to my house/business. Are cable companies allowed to require such a fee? A. Yes. Per Section (i) of the Federal Communication Commission s (FCC) cable rules: Standard installations will be performed within seven (7) business days after an order has been placed. Standard installations are those that are located up to 125 feet from the existing distribution system. Therefore, a company can charge a customer a construction fee for any distance extending beyond 125 feet in order to bring the service to a customer s home. 6. Q. I returned equipment and boxes to my cable company and now I have a collection notice for unreturned equipment. What can I do? A. First, immediately contact your provider. Explain to the provider that you have returned the equipment, and provide them with copies of your return receipts. If you are not able to resolve your complaint, you may submit a complaint to the MPSC for assistance. It is helpful if you know the date and location of where you returned the equipment, and if you still have your receipt that you received when you returned the equipment. 7. Q. My cable company damaged my property. What can I do? A. As quickly as possible, you should first contact your cable provider and inform the company of the damage and attempt to resolve the issue with them. If you are not able to obtain a resolution, you may submit a complaint to the MPSC. However, Staff will only be able to assist you with your complaint. The MPSC does not make awards for damage claims. You may also consider filing suit in small claims court or filing a claim with your homeowners insurance. 8. Q. I have a cable line that is either on the ground or hanging very low, causing a public hazard. How do I have the cable line either hung properly or buried? A. You should contact your provider and make them aware of the situation. If the problem is not quickly resolved, you may contact the MPSC and Staff will assist you with your complaint. We consider public hazards serious issues and will expedite the issue as quickly as possible. MPSC Staff: January

3 Michigan Public Service Commission 9. Q. I am losing some channels and my cable company s solution is to rent a digital box through them. I thought I didn t need a box for the national digital transition in June (2009)? A. The national digital transition in June (2009) pertains only to over-the-air broadcasting channels (i.e. NBC, CBS, ABC, etc.). If you subscribe to cable or satellite, you should not be impacted by the digital transition. However, some cable providers are currently undergoing an internal migration to their system, where they are shifting analog cable specific channels to the digital tier. This move requires customers to obtain a digital box specifically through the company in order to receive those channels. This channel migration is completely separate from the June 12, 2009 national digital transition. MPSC Staff: January

4 Video/Cable Providers Operating in Michigan as of 1/10/2013 Note: If corrections need to be made to this list, please contact Janet Schafer at: Company Name and Address Ace Communications Group 5351 N. M-37, PO Box 69 Mesick, MI Allendale Telephone d/b/a Ace Communications 6568 Lake Michigan Drive Allendale, MI Blanchard Cable, Inc. 425 Main Street, PO Box 67 Blanchard, MI Bloomingdale Communications, Inc. 101 W. Kalamazoo St., PO Box 187 Bloomingdale, MI Brighthouse Networks Farmington Road Livonia, MI Buckeye Cablevision, Inc Airport Highway, Ste. 110 Toledo, OH Cable America Michigan, LLC 7822 E. Gray Road Scottsdale, AZ Carr Communications/Carr Telephone Company 4325 S. Masten Branch, MI Contact Information Customer Service: Fax: Website: Customer Service: Fax: Website: Customer Service: Fax: Website: Customer Service: Fax: Website: Customer Service: Fax: N/A Website: Customer Service: Fax: Website: Customer Service: Fax: Website: Customer Service: Fax: Website:

5 Video/Cable Providers Operating in Michigan as of 1/10/2013 Note: If corrections need to be made to this list, please contact Janet Schafer at: Company Name and Address Caspian Community TV Corporation 129 E. First Street, PO Box 240 Caspian, MI Charter Communications 4670 Fulton Street E., Ste. 102 Ada, MI City of Crystal Falls 401 Superior Ave. Crystal Falls, MI City of Negaunee 600 Cherry Street, PO Box 70 Negaunee, MI City of Norway 915 Main Street, PO Box 99 Norway, MI Climax Telephone Company E. Michigan Avenue Galesburg, MI Coldwater Telecommunications Utility 1 Grand Street Coldwater, MI Comcast Cable Concept Drive Plymouth, MI Contact Information Customer Service: Fax: N/A Website: N/A Customer Service: Fax: N/A N/A Website: Customer Service: Fax: cfclerk@up.net Website: Customer Service: Fax: N/A Website: Customer Service: Fax: catv@norwaymi.com Website: Customer Service: Fax: customerservice@ctsmail.net Website: Customer Service: Fax: N/A Website: Customer Service: Fax: N/A N/A Website:

6 Video/Cable Providers Operating in Michigan as of 1/10/2013 Note: If corrections need to be made to this list, please contact Janet Schafer at: Company Name and Address D & P Cable, Inc Teal Rd. Petersburg, MI Drenthe Telephone th Avenue Zeeland, MI Iron River Coop TV and Ant. 316 N. 2nd Ave. Iron River, MI Lewiston Communications 2 E. Main Street Fremont, MI Lighthouse Computers 2972 W. 8th Street Sault Sainte Marie, MI Martell Cable Service, Inc Chownings Glen Drive Wixom, MI Mediacom Indiana, LLC 100 Crystal Run Road Middletown, NY MediaGate Digital 122 W. Lake Street Crystal, MI Contact Information Customer Service: Fax: dftc_csr@dftc.com Website: Customer Service: Fax: miinfo@acecomgroup.com Website: Customer Service: Fax: ircable@ironriver.tv Website: Customer Service: Fax: N/A lewiston@lewistoncomm.com Website: N/A Customer Service: Fax: manager@lighthouse.net Website: Customer Service: Fax: N/A N/A Website: N/A Customer Service: Fax: N/A N/A Website: Customer Service: Fax: service@crystalcable.tv Website:

7 Video/Cable Providers Operating in Michigan as of 1/10/2013 Note: If corrections need to be made to this list, please contact Janet Schafer at: Company Name and Address Michigan Bell Telephone Co. d/b/a AT&T Michigan 221 N. Washington Square, Ground Floor Lansing, MI Michigan Cable Partners Inc. (MICom) 8800 Ferry Street Montague, MI Mutual Data Services 319 N. Clinton Avenue St. Johns, MI Northside TV Corporation 521 Vulcan Street Iron Mountain, MI Packerland Broadband/CCI Systems, Inc. 105 Kent Street Iron Mountain, MI Parish Communications 803 W. Midland Road, PO Box 10 Auburn, MI Sister Lakes Cable TV 517 Petrie Ave St Joseph, MI Southwest MI Comm., Inc. 101 W. Kalamazoo St., PO Box 187 Bloomingdale, MI Contact Information Customer Service: Fax: N/A N/A Website: Customer Service: Fax: Website: Customer Service: Fax: Website: Customer Service: Fax: Website: Customer Service: Fax: N/A Website: Customer Service: Fax: Website: Customer Service: Fax: N/A Website: Customer Service: Fax: Website:

8 Video/Cable Providers Operating in Michigan as of 1/10/2013 Note: If corrections need to be made to this list, please contact Janet Schafer at: Company Name and Address Spectrum Broadband 230 North Washington Square, Suite 200 Lansing, MI Springcom, Inc. 400 E. Main Street Springport, MI STAR VIDEO 9462 Osmo Street, PO Box 006 Kaleva, MI Summit Digital 100 N. Roland, Suite B, PO Box 87 McBain, MI Sunrise Communications, LLC Washington Ave., PO Box 733 Onaway, MI T2 Communications 259 Hoover Blvd., Ste. 160 Holland, MI Time Warner Entertainment Company, LP 1320 N. Dr. Martin Luther King Drive Milwaukee, WI Town & Country Cable PO Box 100 Montague, MI Contact Information Customer Service: Fax: N/A Website: Customer Service: Fax: Website: Customer Service: Fax: Website: Customer Service: Fax: Website: Customer Service: Fax: Website: Customer Service: Fax: Website: Customer Service: Fax: N/A N/A Website: Customer Service: Fax: Website:

9 Video/Cable Providers Operating in Michigan as of 1/10/2013 Note: If corrections need to be made to this list, please contact Janet Schafer at: Company Name and Address TVC Inc. PO Box 369 Lennon, MI Upper Peninsula Communications Inc. US Hwy 41, PO Box 86 Carney, MI Vogtmann Engineering 6625 Maple Ridge Rd. Alger, MI Waldron Communication Company 115 S. Main Street Waldron, MI Westphalia Broadband, Inc S. Sedona Parkway Lansing, MI Wide Open West Michigan, LLC N. Avis Madison Heights, MI Wide Open West Mid-Michigan 2512 Lansing Road Charlotte, MI Wyandotte Municipal Services 3200 Biddle Avenue, Ste. 200 Wyandotte, MI Contact Information Customer Service: Fax: Website: Customer Service: Fax: Website: N/A Customer Service: Fax: N/A Website: Customer Service: Fax: Website: Customer Service: Fax: Website: Customer Service: Fax: N/A Website: Customer Service: Fax: N/A N/A Website: Customer Service: Fax: Website:

10

11

12

13 Michigan Public Service Commission Formal Video/Cable Complaint General complaint form for video/cable customers I Want to File a Formal Complaint First, you must attempt to resolve your complaint directly with the company in question. Document your experience with the company including dates and contact names. If you are unable to resolve the complaint with the company you may seek assistance from Michigan Public Service Commission (MPSC) Staff pursuant to section 10 of the Uniform Video Services Local Franchise Act, Public Act 480 of 2006, as amended (the Act). The Commission can provide guidance and assistance in resolving your complaint. How to Contact the Public Service Commission Phone: (in Michigan) (517) (outside of Michigan) Fax: (517) Web: Mail: michigan.gov/mpsc Michigan Public Service Commission Attn: Video Franchising P.O. Box Lansing, MI Formal Complaint Process If you have been unable to resolve your complaint after seeking assistance with MPSC Staff (informal complaint process) you may then file a formal complaint. A copy of the statute is included in this package. If a formal hearing is scheduled, both you and the company can still choose to negotiate a settlement rather than go to a formal hearing. If you and the company agree to settle, the complainant must notify the Commission as soon as possible in writing that you no longer want to pursue your complaint. ATTENTION: If the customer is a business or an organization that is incorporated or a partnership, such an entity must be represented by an attorney at the formal hearing before the Commission. An individual has the right to either represent themselves or hire an attorney to assist in the formal hearing. Instructions page 1

14 If your complaint involves $5,000 or less, you and the other party must attempt to settle or mediate your dispute. If after the period of time as noted in section 10(5)(b) of the Act has elapsed and an agreement cannot be reached, then the dispute may go to a formal hearing. If you file a formal complaint the Commission will follow the hearing process described in the Rules of Practice and Procedure before the Commission. See What to Expect After a formal complaint has been filed an attorney from the Commission will review the complaint and any attachments to determine whether the information states facts that permit the Commission to grant the requested relief. The submitted information is evaluated pursuant to the necessary requirements. If your complaint is approved to proceed to a hearing (referred to as prima facie ), the Commission shall appoint a mediator. If the complaint is found to not be prima facie a letter of explanation will be mailed to you and no hearing will be scheduled. Hearings are held before an Administrative Law Judge (ALJ) at the Commission s office in Lansing. The formal hearing is similar to a court hearing. A court reporter will record what is said during the hearing. The ALJ will consider the testimony and evidence presented. Complainants have the burden to prove the merits of their complaint. The ALJ will make a decision based upon the evidence presented. If a complainant does not agree with the ALJ s final determination, you may object by filing exceptions. Thereafter, the Commission will review the evidence and arguments and make a decision. Complainants must present the evidence to support your complaint and your requested relief. Remember -- all documentation that you intend to rely upon at the hearing must be filed with the complaint. Also, you and the video/cable company can choose to negotiate a settlement for your complaint so that you do not have to go to the hearing. Finally, please be aware that if the Commission finds that a party s complaint or defense filed under this section is frivolous, the Commission may award to the prevailing party costs, including reasonable attorney fees, against the non-prevailing party and their attorney. Formal Complaint Form Describe your complaint in as much detail as possible using the attached Formal Video/Cable Complaint form or by letter whichever is most convenient. State what unlawful and/or unreasonable acts (or failure to act) occurred. This can be a simple chronology or a list of events and your contacts with the video/cable company in question. State which rule or statute you believe was violated. Include the relief or Instructions page 2

15 resolution you are requesting. Please be specific. The Commission does not have the authority to award compensation for pain and suffering, inconvenience, and/or irritation. Provide details of your complaint and the requested relief or resolution. Attach documents, photos, letters, notices and other materials to support your case. Include additional sheets if necessary. Anything you intend to use at the formal hearing must be included in your complaint. Sign and date your formal complaint form/letter. Please make 7 copies for submission to the Commission and return this form/letter (with the 7 copies) to: Michigan Public Service Commission Executive Secretary P.O. Box W. Saginaw Highway Lansing, MI NOTE: For your further information, copies of the following documents can be downloaded from the MPSC website. To access them go to michigan.gov/mpsc then click on the Video/Cable button on the left hand side of the screen to find these documents: - Uniform Video Services Local Franchise Act PA 480 of Uniform Video Services Dispute Resolution Process PA 4 of Amended Uniform Video Services Local Franchise Agreement Click on the Telecommunications link on the left hand side of the screen and click on the MI Telecom Act link under the Telecom Links on the right side to access: - Michigan Telecommunications Act Instructions page 3

16 STATE OF MICHIGAN Michigan Public Service Commission 4300 W. Saginaw Highway -- P.O. Box Lansing, Michigan In the matter of the complaint of (Complainant s name) Case Number: (Leave Blank) against (Company name) FORMAL COMPLAINT I,, (State your name and if a business or organization, state your position) bring this Formal Complaint against: (State the Company Name, Street Address, City, State, Zip Code) for violation of the Uniform Video Services Local Franchise Act. I request that a contested case be conducted against this party, including a hearing before an administrative law judge. Please provide a detailed description of your video/cable (not satellite or internet) complaint. Also include your contacts with the company and their response or resolution to the complaint. Attach any needed documents and/or extra sheets to this complaint form. This information can be typed or neatly handwritten. 1

17 2

18 REQUESTED RELIEF Please state below what you are requesting as a resolution for your complaint. Include information describing the role you want the Commission to take in obtaining the desired resolution. This information can be typed or neatly handwritten. The Act provides the Commission with the ability to impose fines for violations of the Act. As provided in Section 14(1) of Act 480, if after notice and hearing 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 3

19 violation. The Act gives the Commission certain discretion to set the amount of any fine leveled against the provider between the specified statutory parameters. Check the appropriate box below. I am not requesting the Commission to impose any fine. I am requesting the Commission to impose a fine. I attest that the facts stated in this complaint are true to the best of my knowledge. Your Signature Date Address City State Zip Day Time Phone number Fax Number address NOTE: You must attach to this complaint copies of all documents or other evidence that you intend to rely upon at hearing. Failure to do so will subject your complaint to delay or dismissal. See, Section 203 of PA 179 of 1991 as amended. 4

20 9/16/13 MPSC - close print view how do i file a complaint Consumers should first contact their video/cable provider to discuss their complaint. If a resolution cannot be reached, contact the MPSC for help in dealing with the video/cable provider. Consumer Alert - Filing a Video/Cable Television Complaint ( Call the Commission to File an Informal Complaint MPSC staff are available to assist with your inquiry or informal complaint Monday through Friday, excluding State holidays, by calling or We encourage you first to contact your video/cable provider with your question before calling us. At times, call volumes may be high and staff are busy assisting other customers. In this situation, you will be put into a voic . If you are connected to the Video Franchise voic , please leave a detailed message including your full name, call back number, billing address, and the nature of your complaint. Staff will respond to your complaint as soon as possible. You can also contact us by submitting your inquiry or complaint in writing to us at the following address: Michigan Public Service Commission Attn: Video Franchising P.O. Box Lansing, Michigan Submit your complaint via fax: (517) Submit your complaint online: Video/Cable Complaint Online Form ( --,00.html) File a Formal Complaint If you are not satisfied with the results of an informal complaint investigation by Commission staff, you may pursue a formal complaint with the Commission. Because the Commission's authority is limited to that provided by statute, a formal complaint can only involve issues that the Commission is responsible for. Formal Video/Cable Complaint Form Uniform Video Services Dispute Resolution Process Please click on the following link to view the Uniform Video Services Dispute Resolution Process as set forth in 2009 PA 4: Uniform Video Services Dispute Resolution Process 1/2

21 9/16/13 MPSC - 2/2

22 9/16/13 MPSC - close print view filing a formal complaint PLEASE NOTE: Pursuant to PA 480 of 2006, the Michigan Public Service Commission (Commission) does not regulate video/cable television providers as public utilities. In addition, the Commission does not regulate satellite television providers or internet service providers. Some of the issues may be regulated by the Federal Trade Commission ( (FTC). An informal video/cable television complaint can be sent to the Commission by completing the form on the Commission's website ( calling the Commission's Video Franchise toll-free number ( ), faxing the complaint to or mailing a letter to the Commission. If you are not satisfied with the results of an informal complaint investigation by Commission staff, you may pursue a formal complaint with the Commission. Because the Commission's authority is limited to that provided by statute, a formal complaint can only involve issues that the Commission regulates. The formal complaint involves a formal, trial-like proceeding before an administrative law judge. As a contested case before the Commission, a formal complaint hearing is conducted under administrative hearing rules. You may represent yourself (except in the case of an incorporated business), hire a lawyer, or bring anyone you would like to assist you. A lawyer or lawyers will always represent the company. As the complaining party, you must present information to prove or justify your case at a formal hearing. Pursuant to PA 480 of 2006, customers will need to first proceed with filing an informal complaint with the Commission Staff before a formal complaint can be filed. Formal Video/Cable Complaint Form 1/1

23

24 spotlight Michigan Public Service Commission Customer Support Section P.O. Box Lansing, MI F i l i n g a V i d e o / C a b l e C o m p l a i n t The MPSC s role in handling video/cable television complaints On December 21, 2006, Governor Granholm signed legislation to promote competition for video services in the state of Michigan. Public Act 480 of 2006, or as it is more commonly known, the Uniform Video Services Local Franchise Act charges the Michigan Public Service Commission (MPSC) with implementing the Act. The MPSC now has the responsibility to handle cable inquiries and complaints. Are you having a problem with your video/cable television provider? If you are experiencing problems with your provider, you should first contact your provider and attempt to resolve your dispute with them. Not satisfied? File an informal complaint with the MPSC If you are dissatisfied with the provider s response, or the dispute is not resolved to your satisfaction, you may file an informal complaint with the MPSC. How does the informal complaint process work? A customer contacts the MPSC with a video/ cable television complaint. MPSC Staff forwards the complaint to the provider & informally mediates (if necessary) between the provider and the customer. The provider is allowed up to 10 business days (under normal circumstances) to respond and provide a detailed resolution to both the customer and the MPSC. Still not satisfied? File a formal complaint and request a hearing If you remain dissatisfied even after the Staff has completed the informal complaint process, you may file a Formal Complaint. A customer will be permitted to file a formal complaint only after: the informal complaint process has been completed; and a satisfactory resolution has not been reached between the provider and the customer. To request a formal hearing, prepare a letter of complaint explaining the problem. Send the original and seven (7) copies of the letter/ complaint to the MPSC at the following address: Executive Secretary MPSC P.O. Box Lansing, MI The written complaint must contain the following information: customer name, address, telephone number, and signature; the name and address of the provider with whom there is a disagreement; the location/address of the disputed action; the time and dates of the disputed actions; a description of exactly what happened include all details, the names and addresses of any persons involved, disputed charges and costs. Identify the specific section(s) of the Video Act that are alleged to have been violated and state sufficient facts to support the alleged violation(s).

25 Next Action MPSC Staff will review the formal complaint, and if the disputed amount is under $5,000 and all required information is included, the Commission shall appoint a mediator within seven (7) business days of the date the complaint is filed. Mediation may include a review of the complaint and discussions with the customer and company. If through this process the customer and company are still unable to agree, the mediator will issue a recommended solution within 30 days from the date of appointment. The customer and company have 10 days to either accept or reject the recommendation. If the customer or company rejects the solution, the complaint proceeds to a formal hearing. If the dispute involves an amount over $5,000, it proceeds directly to a contested case hearing with no prior mediation. Formal Complaint Hearing Process A formal complaint hearing is a trial-like proceeding. This means that the customer, the cable company, and MPSC Staff will come before an administrative law judge. A formal complaint proceeding is separate from any informal proceeding related to the problem that may have taken place. Lawyers represent the cable company. Customers may hire a lawyer, represent themselves (excluding some businesses), or bring someone to assist them. The customer must present information and witnesses, to prove or justify his/her position. The MPSC cannot provide a lawyer or pay any legal fees. After the hearing, the judge will issue a proposed decision. However, the MPSC will make the final decision, and will issue its decision in a MPSC order. During this process the customer and the company may continue to try to settle the problem. However, the MPSC must approve any agreement that is reached. Required Costs If the customer or company rejects the mediator s decision and is found by MPSC order to be at fault, that party will be responsible for the legal costs of the other party. If both the customer and the company reject the mediator s decision, each party pays their own legal costs. For more information: For more information about filing a complaint, PA 480, or the dispute resolution process, go to the MPSC website at: michigan.gov/mpsc. Click on the video/cable button. You may also contact the MPSC at: Service Quality Division Attn: Video Franchising P.O. Box Lansing, MI Phone: (800) Fax: (517) Filing Satellite Complaints The Federal Trade Commission (FTC) at: (877) or ftc.gov handles satellite complaints/inquiries.

26 Act No. 480 Public Acts of 2006 Approved by the Governor December 21, 2006 Filed with the Secretary of State December 21, 2006 EFFECTIVE DATE: January 1, 2007 STATE OF MICHIGAN 93RD LEGISLATURE REGULAR SESSION OF 2006 Introduced by Reps. Nofs, Proos, Accavitti, Garfield and Hoogendyk ENROLLED HOUSE BILL No AN ACT to provide for uniform video service local franchises; to promote competition in providing video services in this state; to ensure local control of rights-of-way; to provide for fees payable to local units of government; to provide for local programming; to prescribe the powers and duties of certain state and local agencies and officials; and to provide for penalties. The People of the State of Michigan enact: 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 means that term as defined in 47 USC 522(7). (d) Commission means the Michigan public service commission. (e) Franchising entity means the local unit of government in which a provider offers video services through a franchise. (f) Household means a house, an apartment, a mobile home, or any other structure or part of a structure intended for residential occupancy as separate living quarters. (g) Incumbent video provider means a cable operator serving cable subscribers or a telecommunication provider providing video services through the provider s existing telephone exchange boundaries in a particular franchise area within a local unit of government on the effective date of this act. (h) IPTV means internet protocol television. (i) Local unit of government means a city, village, or township. (j) Low-income household means a household with an average annual household income of less than $35, as determined by the most recent decennial census. (k) Open video system or OVS means that term as defined in 47 USC 573. (l) Person means an individual, corporation, association, partnership, governmental entity, or any other legal entity. (m) Public rights-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easements dedicated for compatible uses. (321)

27 (n) Uniform video service local franchise agreement or franchise agreement means the franchise agreement required under this act to be the operating agreement between each franchising entity and video provider in this state. (o) Video programming means that term as defined in 47 USC 522(20). (p) Video service means video programming, cable services, IPTV, or OVS provided through facilities located at least in part in the public rights-of-way without regard to delivery technology, including internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 USC 332(d) or provided solely as part of, and via, a service that enables users to access content, information, electronic mail, or other services offered over the public internet. (q) Video service provider or provider means a person authorized under this act to provide video service. (r) Video service provider fee means the amount paid by a video service provider or incumbent video provider under section 6. 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 provided by this act, a person shall not provide video services in any local unit of government without first obtaining a uniform video service local franchise as provided under section 3. (3) The uniform video service local franchise agreement created under subsection (1) shall include all of the following provisions: (a) The name of the provider. (b) The address and telephone number of the provider s principal place of business. (c) The name of the provider s principal executive officers and any persons authorized to represent the provider before the franchising entity and the commission. (d) If the provider is not an incumbent video provider, the date on which the provider expects to provide video services in the area identified under subdivision (e). (e) An exact description of the video service area footprint to be served, as identified by a geographic information system digital boundary meeting or exceeding national map accuracy standards. For providers with 1,000,000 or more access lines in this state using telecommunication facilities to provide video services, the footprint shall be identified in terms of entire wire centers or exchanges. An incumbent video provider satisfies this requirement by allowing a franchising entity to seek right-of-way related information comparable to that required by a permit under the metropolitan extension telecommunications rights-of-way oversight act, 2002 PA 48, MCL to , as set forth in its last cable franchise or consent agreement from the franchising entity entered before the effective date of this act. (f) A requirement that the provider pay the video service provider fees required under section 6. (g) A requirement that the provider file in a timely manner with the federal communications commission all forms required by that agency in advance of offering video service in this state. (h) A requirement that the provider agrees to comply with all valid and enforceable federal and state statutes and regulations. (i) A requirement that the provider agrees to comply with all valid and enforceable local regulations regarding the use and occupation of public rights-of-way in the delivery of the video service, including the police powers of the franchising entity. (j) A requirement that the provider comply with all federal communications commission requirements involving the distribution and notification of federal, state, and local emergency messages over the emergency alert system applicable to cable operators. (k) A requirement that the provider comply with the public, education, and government programming requirements of section 4. (l) A requirement that the provider comply with all customer service rules of the federal communications commission under 47 CFR (c) applicable to cable operators and applicable provisions of the Michigan consumers protection act, 1976 PA 331, MCL to (m) A requirement that the provider comply with the consumer privacy requirements of 47 USC 551 applicable to cable operators. (n) A requirement that the provider comply with in-home wiring and consumer premises wiring rules of the federal communications commission applicable to cable operators. (o) A requirement that an incumbent video provider comply with the terms which provide insurance for right-of-way related activities that are contained in its last cable franchise or consent agreement from the franchising entity entered before the effective date of this act. 2

28 (p) A grant of authority by the franchising entity to provide video service in the video service area footprint as described under subdivision (e). (q) A grant of authority by the franchising entity to use and occupy the public rights-of-way in the delivery of the video service, subject to the laws of this state and the police powers of the franchising entity. (r) A requirement that the parties to the agreement are subject to the provisions of this act. (s) The penalties provided for under section 14. 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 whether the submitted franchise agreement is complete as required by this act within 15 business days after the date that the franchise agreement is filed. If the franchise agreement is not complete, the franchising entity shall state in its notice the reasons the franchise agreement is incomplete. (3) A franchising entity shall have 30 days after the submission date of a complete franchise agreement to approve the agreement. If the franchising entity does not notify the provider regarding the completeness of the franchise agreement or approve the franchise agreement within the time periods required under this subsection, the franchise agreement shall be considered complete and the franchise agreement approved. (4) The uniform video service local franchise agreement issued by a franchising entity or an existing franchise of an incumbent video service provider is fully transferable to any successor in interest to the provider to which it is initially granted. A notice of transfer shall be filed with the franchising entity within 15 days of the completion of the transfer. (5) The uniform video service local franchise agreement issued by a franchising entity may be terminated or the video service area footprint may be modified, except as provided under section 9, by the provider by submitting notice to the franchising entity. (6) If any of the information contained in the franchise agreement changes, the provider shall timely notify the franchising entity. (7) The uniform video service local franchise shall be for a period of 10 years from the date it is issued. Before the expiration of the initial franchise agreement or any subsequent renewals, the provider may apply for an additional 10-year renewal under this section. (8) As a condition to obtaining or holding a franchise, a franchising entity shall not require a video service provider to obtain any other franchise, assess any other fee or charge, or impose any other franchise requirement than is allowed under this act. For purposes of this subsection, a franchise requirement includes, but is not limited to, a provision regulating rates charged by video service providers, requiring the video service providers to satisfy any build-out requirements, or a requirement for the deployment of any facilities or equipment. 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 or as provided under subsection (14). (2) Any public, education, or government channel provided under this section that is not utilized by the franchising entity for at least 8 hours per day for 3 consecutive months may no longer be made available to the franchising entity and may be programmed at the provider s discretion. At such time as the franchising entity can certify a schedule for at least 8 hours of daily programming for a period of 3 consecutive months, the provider shall restore the previously reallocated channel. (3) The franchising entity shall ensure that all transmissions, content, or programming to be retransmitted by a video service provider is provided in a manner or form that is capable of being accepted and retransmitted by a provider, without requirement for additional alteration or change in the content by the provider, over the particular network of the provider, which is compatible with the technology or protocol utilized by the provider to deliver services. (4) A video service provider may request that an incumbent video provider interconnect with its video system for the sole purpose of providing access to video programming that is being provided over public, education, and government channels for a franchising entity that is served by both providers. Where technically feasible, interconnection shall be allowed under an agreement of the parties. The video service provider and incumbent video provider shall negotiate in good faith and may not unreasonably withhold interconnection. Interconnection may be accomplished by any reasonable method as agreed to by the providers. The requesting video service provider shall pay the construction, operation, maintenance, and other costs arising out of the interconnection, including the reasonable costs incurred by the incumbent provider. (5) The person producing the broadcasts is solely responsible for all content provided over designated public, education, or government channels. A video service provider shall not exercise any editorial control over any programming on any channel designed for public, education, or government use. 3

29 (6) A video service provider is not subject to any civil or criminal liability for any program carried on any channel designated for public, education, or government use. (7) Except as otherwise provided in subsection (8), a provider shall provide subscribers access to the signals of the local broadcast television station licensed by the federal communications commission to serve those subscribers over the air. This section does not apply to a low-power station unless the station is a qualified low-power station as defined under 47 USC 534(h)(2). A provider is required to only carry digital broadcast signals to the extent that a broadcast television station has the right under federal law or regulation to demand carriage of the digital broadcast signals by a cable operator on a cable system. (8) To facilitate access by subscribers of a video service provider to the signals of local broadcast stations under this section, a station either shall be granted mandatory carriage or may request retransmission consent with the provider. (9) A provider shall transmit, without degradation, the signals a local broadcast station delivers to the provider. A provider is not required to provide a television station valuable consideration in exchange for carriage. (10) A provider shall not do either of the following: (a) Discriminate among or between broadcast stations and programming providers with respect to transmission of their signals, taking into account any consideration afforded the provider by the programming provider or broadcast station. In no event shall the signal quality as retransmitted by the provider be required to be superior to the signal quality of the broadcast stations as received by the provider from the broadcast television station. (b) Delete, change, or alter a copyright identification transmitted as part of a broadcast station s signal. (11) A provider shall not be required to utilize the same or similar reception technology as the broadcast stations or programming providers. (12) A public, education, or government channel shall only be used for noncommercial purposes. (13) Subsections (7) to (11) apply only to a video service provider that delivers video programming in a video service area where the provider is not regulated as a cable operator under federal law. (14) If a franchising entity seeks to utilize capacity designated under subsection (1) or an agreement under section 13 to provide access to video programming over 1 or more public, governmental, and education channels, the franchising entity shall give the provider a written request specifying the number of channels in actual use on the incumbent video provider s system or specified in the agreement entered into under section 13. The video service provider shall have 90 days to begin providing access as requested by the franchising entity. 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 franchising entity by electing to do 1 of the following: (a) Terminate the existing franchise agreement before the expiration date of the agreement and enter into a new franchise under a uniform video service local franchise agreement. (b) Continue under the existing franchise agreement amended to include only those provisions required under a uniform video service local franchise. (c) Continue to operate under the terms of an expired franchise until a uniform video service local franchise agreement takes effect. An incumbent video provider has 120 days after the effective date of this act to file for a uniform video service local franchise agreement. (3) On the effective date of this act, any provisions of an existing franchise that are inconsistent with or in addition to the provisions of a uniform video service local franchise agreement are unreasonable and unenforceable by the franchising entity. (4) If a franchising entity authorizes 2 or more video service providers through an existing franchise, a uniform video service local franchise agreement, or an agreement under section 13, the franchising entity shall not enforce any term, condition, or requirement of any franchise agreement that is more burdensome than the terms, conditions, or requirements contained in another franchise agreement. 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 franchising entity by the incumbent video provider with the largest number of subscribers in the franchising entity. (b) At the expiration of an existing franchise agreement or if there is no existing franchise agreement, an amount equal to the percentage of gross revenues as established by the franchising entity not to exceed 5% and shall be applicable to all providers. 4

30 (2) The fee due under subsection (1) shall be due on a quarterly basis and paid within 45 days after the close of the quarter. Each payment shall include a statement explaining the basis for the calculation of the fee. (3) The franchising entity shall not demand any additional fees or charges from a provider and shall not demand the use of any other calculation method other than allowed under this act. (4) For purposes of this section, gross revenues means all consideration of any kind or nature, including, without limitation, cash, credits, property, and in-kind contributions received by the provider from subscribers for the provision of video service by the video service provider within the jurisdiction of the franchising entity. Gross revenues shall include all of the following: (a) All charges and fees paid by subscribers for the provision of video service, including equipment rental, late fees, insufficient funds fees, fees attributable to video service when sold individually or as part of a package or bundle, or functionally integrated, with services other than video service. (b) Any franchise fee imposed on the provider that is passed on to subscribers. (c) Compensation received by the provider for promotion or exhibition of any products or services over the video service. (d) Revenue received by the provider as compensation for carriage of video programming on that provider s video service. (e) All revenue derived from compensation arrangements for advertising attributable to the local franchise area. (f) Any advertising commissions paid to an affiliated third party for video service advertising. (5) Gross revenues do not include any of the following: (a) Any revenue not actually received, even if billed, such as bad debt net of any recoveries of bad debt. (b) Refunds, rebates, credits, or discounts to subscribers or a municipality to the extent not already offset by subdivision (a) and to the extent the refund, rebate, credit, or discount is attributable to the video service. (c) Any revenues received by the provider or its affiliates from the provision of services or capabilities other than video service, including telecommunications services, information services, and services, capabilities, and applications that may be sold as part of a package or bundle, or functionally integrated, with video service. (d) Any revenues received by the provider or its affiliates for the provision of directory or internet advertising, including yellow pages, white pages, banner advertisement, and electronic publishing. (e) Any amounts attributable to the provision of video service to customers at no charge, including the provision of such service to public institutions without charge. (f) Any tax, fee, or assessment of general applicability imposed on the customer or the transaction by a federal, state, or local government or any other governmental entity, collected by the provider, and required to be remitted to the taxing entity, including sales and use taxes. (g) Any forgone revenue from the provision of video service at no charge to any person, except that any forgone revenue exchanged for trades, barters, services, or other items of value shall be included in gross revenue. (h) Sales of capital assets or surplus equipment. (i) Reimbursement by programmers of marketing costs actually incurred by the provider for the introduction of new programming. (j) The sale of video service for resale to the extent the purchaser certifies in writing that it will resell the service and pay a franchise fee with respect to the service. (6) In the case of a video service that is bundled or integrated functionally with other services, capabilities, or applications, the portion of the video provider s revenue attributable to the other services, capabilities, or applications shall be included in gross revenue unless the provider can reasonably identify the division or exclusion of the revenue from its books and records that are kept in the regular course of business. (7) Revenue of an affiliate shall be included in the calculation of gross revenues to the extent the treatment of the revenue as revenue of the affiliate has the effect of evading the payment of franchise fees which would otherwise be paid for video service. (8) In addition to the fee required under subsection (1), a video service provider shall pay to the franchising entity as support for the cost of public, education, and government access facilities and services an annual fee equal to 1 of the following: (a) If there is an existing franchise on the effective date of this act, the fee paid to the franchising entity by the incumbent video provider with the largest number of cable service subscribers in the franchising entity as determined by the existing franchise agreement. (b) At the expiration of the existing franchise agreement, the amount required under subdivision (a) not to exceed 2% of gross revenues. 5