484.3314 Violation; remedies and penalties; costs; appeal and review.

384 words·~2 min read·/mi/chapter-484/484-3314

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 of the following:

(a)Except as otherwise provided under subdivision (b), order the person to pay a fine for the first offense of not less than $1,000.00 or more than $20,000.00. For a second and any subsequent offense, the commission shall order the person to pay a fine of not less than $2,000.00 or more than $40,000.00.

(b)If the video service provider has less than 250,000 telecommunication access lines in this state, order the person to pay a fine for the first offense of not less than $200.00 or more than $500.00. For a second and any subsequent offense, the commission shall order the person to pay a fine of not less than $500.00 or more than $1,000.00.

(c)If the person has received a uniform video service local franchise, revoke the franchise.

(d)Issue cease and desist orders.

(2)Notwithstanding subsection (1), a fine shall not be imposed for a violation of this act if the provider has otherwise fully complied with this act and shows that the violation was an unintentional and bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error. Examples of a bona fide error include clerical, calculation, computer malfunction, programming, or printing errors. An error in legal judgment with respect to a person's obligations under this act is not a bona fide error. The burden of proving that a violation was an unintentional and bona fide error is on the provider.

(3)If the commission finds that a party's complaint or defense filed under this section is frivolous, the commission shall award to the prevailing party costs, including reasonable attorney fees, against the nonprevailing party and their attorney.

(4)Any party of interest shall have the same rights to appeal and review an order or finding of the commission under this act as provided under the Michigan telecommunications act, 1991 PA 179, MCL 484.2101 to 484.2604.

History: 2006, Act 480 , Eff. Jan. 1, 2007