Michigan Laws > Chapter 484 > Act 179 of 1991 – Michigan Telecommunications Act
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Terms Used In Michigan Laws > Chapter 484 > Act 179 of 1991 - Michigan Telecommunications Act
- access line: means the medium over which a telecommunication user connects into the local exchange. See Michigan Laws 484.2102
- Access service: means access to a local exchange network for the purpose of enabling a provider to originate or terminate telecommunication services within the local exchange. See Michigan Laws 484.2102
- Accident: means an event involving an aircraft that is in-flight or taxiing, resulting in death or injury to any person, damage to the aircraft affecting its ability to safely operate, or damage to public property or property of another person. See Michigan Laws 259.2
- Accredited association: means an association accredited in accordance with this act. See Michigan Laws 290.702
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Aeronautical facilities: means any device, physical or otherwise, that is an object of nature or that is human-made, that aids and is used in aeronautics. See Michigan Laws 259.2
- Aeronautics: means any act or matter that treats or deals with flight in the airspace. See Michigan Laws 259.2
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agricultural commodity: means all perishable fruits and vegetables as defined by the department. See Michigan Laws 290.702
- Air navigation: means the operation or navigation of aircraft in the airspace over the land and waters of this state. See Michigan Laws 259.2
- Aircraft: means any contrivance used or designed for navigation of or flight in the air. See Michigan Laws 259.2
- Airman: means any individual, including the 1 in command, and any pilot, mechanic, or member of the crew, who engages in the navigation of aircraft while under way, and any individual who is in charge of the inspection, overhauling, or repair of aircraft, and any individual who serves in the capacity of aircraft dispatcher or air traffic control tower operator. See Michigan Laws 259.2
- Airport: means a publicly owned airport licensed by the department under section 86 and includes all airport facilities at the airport. See Michigan Laws 259.138
- Airport: means any location, either on land or water, that is used for the landing or take-off of aircraft, and includes the buildings and facilities, if any, on that location. See Michigan Laws 259.2
- Airport approach plan: means a plan, or an amendment to a plan, adopted under section 12 of the airport zoning act, 1950 (Ex Sess) PA 23, MCL 259. See Michigan Laws 259.2
- Airport facilities: means any of the following at an airport:
(i) Real or personal property, or an interest in real or personal property, used for the landing, taking off, taxiing, parking, or storing of aircraft, or for receiving or discharging passengers or cargo, an appurtenant area used for an airport building or other facility, and any appurtenant right-of-way. See Michigan Laws 259.138Airport layout plan: means a plan, or an amendment to a plan, that shows current or proposed layout of an airport and that is approved by the commission. See Michigan Laws 259.2 Airport manager: means any individual who is properly appointed and designated by the airport owner as the airport manager, and who is responsible for the supervision and operation of the airport to the airport owner. See Michigan Laws 259.2 Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Approval date: means , for airports certificated under 14 C. See Michigan Laws 259.138 Arrest: Taking physical custody of a person by lawful authority. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Association: means a cooperative association of producers or a division thereof, or a federation of cooperative associations of producers, engaged in the marketing, bargaining, shipping, or processing of an agricultural commodity on behalf of its members who are producers of the agricultural commodity. See Michigan Laws 290.702 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. bargaining: means the mutual obligation of a handler and an accredited association or their designated representatives to meet at reasonable times and confer and negotiate in good faith. See Michigan Laws 290.713 Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels. Bequest: Property gifted by will. board: means a board created pursuant to section 4. See Michigan Laws 125.1572 Board: means the governing body of a regional authority appointed under section 140. See Michigan Laws 259.138 Broadband service: means a retail service capable of transmitting data over an access line at a rate greater than 200 kilobits per second. See Michigan Laws 484.2102 Buy: means to purchase, trade, or barter, or to offer to purchase, trade, or barter. See Michigan Laws 290.753 Cable service: means 1-way transmission to subscribers of video programming or other programming services and subscriber interaction for the selection of video programming or other programming services. See Michigan Laws 484.2102 case: means a proceeding as defined in section 3 of the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 484.2102 center: means a building described in section 3. See Michigan Laws 125.1572 Chief executive officer: means the chief administrative officer of a regional authority. See Michigan Laws 259.138 Collect: means the harvest of wild ginseng. See Michigan Laws 290.753 Collector: means a person who collects wild ginseng. See Michigan Laws 290.753 Commission: means the Michigan aeronautics commission. See Michigan Laws 259.3 Commission: means the Michigan public service commission. See Michigan Laws 484.2102 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Contractor: means a person who contracts with a governmental entity to improve real property or perform or manage construction services. See Michigan Laws 125.1591 Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Corporation: means a corporation organized pursuant to this act. See Michigan Laws 125.1603 costs: means the cost of purchasing, acquiring, constructing, improving, enlarging, extending, or repairing a project. See Michigan Laws 125.1603 Cultivated ginseng: means ginseng growing or grown in managed beds under artificial or natural shade and cultivated according to recognized ginseng horticultural practices. See Michigan Laws 290.753 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dealer: means a person who buys, collects, or otherwise acquires ginseng roots in this state for resale or trade. See Michigan Laws 290.753 Decedent: A deceased person. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the department of commerce. See Michigan Laws 125.1572 Department: means the department of agriculture and rural development. See Michigan Laws 290.702 Department: means the department of agriculture. See Michigan Laws 290.753 Department: means the state transportation department, bureau of aeronautics. See Michigan Laws 259.3 Devise: To gift property by will. Director: means the director of the department of agriculture or an authorized representative of the director. See Michigan Laws 290.753 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Docket: A log containing brief entries of court proceedings. drain: whenever used in this act , shall include the main stream or trunk and all tributaries or branches of any creek or river, any watercourse or ditch, either open or closed, any covered drain, any sanitary or any combined sanitary and storm sewer or storm sewer or conduit composed of tile, brick, concrete, or other material, any structures or mechanical devices, that will properly purify the flow of such drains, any pumping equipment necessary to assist or relieve the flow of such drains and any levee, dike, barrier, or a combination of any or all of same constructed, or proposed to be constructed, for the purpose of drainage or for the purification of the flow of such drains, but shall not include any dam and flowage rights used in connection therewith which is used for the generation of power by a public utility subject to regulation by the public service commission. See Michigan Laws 280.3 Dry weight: means the weight in pounds and ounces of harvested or collected ginseng root that is dried and is no longer viable. See Michigan Laws 290.753 Educational institution: means a public educational institution or a private non-profit educational institution approved by the department of education to provide a program of primary, secondary, or higher education, a public library, or a nonprofit association or consortium whose primary purpose is education. See Michigan Laws 484.2102 End user: means the retail subscriber of a telecommunication service. See Michigan Laws 484.2102 Energy management services: means a service of a public utility providing electric power, heat, or light for energy use management, energy use control, energy use information, and energy use communication. See Michigan Laws 484.2102 enhanced services: means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information, including energy management services, that is conveyed by telecommunications. See Michigan Laws 484.2102 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex officio: Literally, by virtue of one's office. Exchange: means 1 or more contiguous central offices and all associated facilities within a geographical area in which basic local exchange service is offered by a provider. See Michigan Laws 484.2102 FAA: means the Federal Aviation Administration of the United States Department of Transportation, or any successor agency. See Michigan Laws 259.138 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC Garage keeper: means any person who, for hire or reward, publicly offers to store, maintain, keep, or repair aircraft or any accessory used in the operation of aircraft and to furnish accessories and supplies for aircraft or any accessory used in the operation of aircraft. See Michigan Laws 259.4 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Ginseng: means Panaxquinquefolius L. See Michigan Laws 290.753 Ginseng certificate: means a document issued by the department or other official agency authorized by the director that verifies the origin, quantity by weight, type, and condition of ginseng offered for inspection. See Michigan Laws 290.753 Governing body: means the body in which the legislative powers of a municipality are vested. See Michigan Laws 125.1603 Governmental entity: means the state, a county, city, township, village, public educational institution, or any political subdivision thereof. See Michigan Laws 125.1591 Green weight: means the weight in pounds and ounces of freshly harvested or collected ginseng root that is not dried and is still viable. See Michigan Laws 290.753 Grower: means a person who grows cultivated ginseng. See Michigan Laws 290.753 Handler: means a person other than an association engaged in the business or practice of any of the following:
(i) Acquiring agricultural commodities from producers or associations for processing or sale. See Michigan Laws 290.702Harvest: means to cut, pick, dig, root up, or gather ginseng. See Michigan Laws 290.753 Improve: means to build, alter, repair, or demolish an improvement upon, connected with, or beneath the surface of any real property, to excavate, clear, grade, fill, or landscape any real property, to construct driveways and roadways, or to perform labor upon improvements. See Michigan Laws 125.1591 Improvement: includes , but is not limited to, all or any part of any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, landscaping, trees, shrubbery, driveways, and roadways on real property. See Michigan Laws 125.1591 in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Interconnection: means the technical arrangements and other elements necessary to permit the connection between the switched networks of 2 or more providers to enable a telecommunication service originating on the network of 1 provider to terminate on the network of another provider. See Michigan Laws 484.2102 Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Landing field: means any location, either on land or water, that is used for the landing or take-off of aircraft. See Michigan Laws 259.6 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Legislative body: means the elected body of a local government that has legislative powers. See Michigan Laws 259.138 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License: means a license issued under this act. See Michigan Laws 484.2102 Lien: A claim against real or personal property in satisfaction of a debt. Local calling area: means a geographic area encompassing 1 or more local communities as described in maps, tariffs, or rate schedules filed with and approved by the commission. See Michigan Laws 484.2102 Local directory assistance: means the provision by telephone of a listed telephone number within the caller's area code. See Michigan Laws 484.2102 Local exchange rate: means the monthly and usage rate, including all necessary and attendant charges, imposed for basic local exchange service to customers. See Michigan Laws 484.2102 local exchange service: means the provision of an access line and usage within a local calling area for the transmission of high-quality 2-way interactive switched voice or data communication. See Michigan Laws 484.2102 Local government: means a county, city, township, or village that creates the regional authority. See Michigan Laws 259.138 Local public agency: means the official body of a municipality authorized to plan and implement the development and redevelopment of the municipality. See Michigan Laws 125.1603 Loop: means the transmission facility between the network interface on a subscriber's premises and the main distribution frame in the servicing central office. See Michigan Laws 484.2102 Member: means a producer who has entered into a contract with an association appointing the association as his or her exclusive agent in negotiations with handlers with respect to the marketing of an agricultural commodity. See Michigan Laws 290.702 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Municipality: means a county, city, village, or township. See Michigan Laws 125.1603 Natural habitat: means the environment where a species exists as a natural population. See Michigan Laws 290.753 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Operator service: means a telecommunication service that includes automatic or live assistance to a person to arrange for completion and billing of a telephone call originating within this state that is specified by the caller through a method other than 1 of the following:
(i) Automatic completion with billing to the telephone from which the call originated. See Michigan Laws 484.2102Oversight: Committee review of the activities of a Federal agency or program. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Payphone service: means a telephone call provided from a public, semipublic, or individually owned and operated telephone that is available to the public and is accessed by the depositing of coin or currency or by other means of payment at the time the call is made. See Michigan Laws 484.2102 Person: means an individual, corporation, partnership, association, governmental entity, or any other legal entity. See Michigan Laws 125.1591 Person: means an individual, partnership, corporation, or association. See Michigan Laws 290.702 Person: means an individual, sole proprietorship, partnership, corporation, limited liability company, association, governmental entity, or other legal entity. See Michigan Laws 290.753 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 259.7 Person: means an individual, corporation, partnership, association, governmental entity, or any other legal entity. See Michigan Laws 484.2102 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Personal property: All property that is not real property. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Political subdivision: means a county, city, village, or township of this state, and any other political subdivision, public corporation, authority, or district in this state that is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate airports, landing fields, and other aeronautical facilities. See Michigan Laws 259.7 Pollution control facilities: means water or air pollution control equipment or solid waste disposal facilities located within or without the limits of the municipality. See Michigan Laws 125.1603 Producer: means any person who produces or causes to be produced in any 1 marketing period within the previous 2 marketing periods any agricultural commodity in a quantity beyond his or her own family use and having a minimum value at first point of sale as determined by the department for that agricultural commodity, and who is able, during the marketing period, to transfer to a handler or an association a merchantable title to the agricultural commodity or provide management, labor, machinery, facilities, or any other production input, with the assumption of risk, for the production of the agricultural commodity under a written or oral contract. See Michigan Laws 290.702 Project: means land or an interest in land, existing or planned improvements, machinery, furnishings, or equipment suitable for use by any of the following:
(i) An industrial or commercial enterprise, including agricultural and forestry enterprises and enterprises designed to produce energy from renewable resources. See Michigan Laws 125.1603Project area: means that land area or an interest in a land area within the municipality which will be acquired in the implementation of a project or which will be the permanent site of machinery, furnishings, or equipment constituting all or part of a project. See Michigan Laws 125.1603 Project citizens district council: means a project citizens district council established pursuant to this act. See Michigan Laws 125.1603 Project district area: means that portion of a municipality and any area adjacent to a municipality, as determined by its governing body, which contains a project area and the surrounding territory that will be significantly affected by a project. See Michigan Laws 125.1603 Project plan: means that information and those requirements for a project set forth in section 8. See Michigan Laws 125.1603 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. provider: means a person that for compensation provides 1 or more telecommunication services. See Michigan Laws 484.2102 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public safety system: means a communication system operated by a public entity to provide emergency police, fire, medical, and other first responder services. See Michigan Laws 484.2102 Purchaser: means a person who buys or otherwise acquires ginseng from a grower, collector, or other purchaser for resale or trade. See Michigan Laws 290.753 Quorum: The number of legislators that must be present to do business. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Real property: means the real estate that is improved, including, but not limited to, lands, leaseholds, tenements, hereditaments, and improvements placed on the real property. See Michigan Laws 125.1591 Regional authority: means a regional airport authority created under section 139 and governed by a board. See Michigan Laws 259.138 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nSell: means to sell, trade, or barter, or to offer to sell, trade, or barter. See Michigan Laws 290.753 Service of process: The service of writs or summonses to the appropriate party. services: includes regulated and unregulated services offered to customers for the transmission of 2-way interactive communication and associated usage. See Michigan Laws 484.2102 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c Sponsor: means a public agency authorized by 49 USC 47101 to 47134 to submit requests for, accept, and be responsible for performing all of the assurances associated with accepting grant agreements with respect to airports from the FAA or this state, and to perform some duties and responsibilities previously assumed by the local government that owns or operates the airport before the transfer of operational jurisdiction of the airport to an authority created under this chapter by virtue of the local government's acceptance before the approval date of grants for the benefit of the airport from the FAA or another agency of the United States or this state. See Michigan Laws 259.138 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o State institution of higher education: means an institution of higher education described in sections 4, 5, and 6 of article VIII of the state constitution of 1963. See Michigan Laws 484.2102 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Toll service: means the transmission of 2-way interactive switched communication between local calling areas. See Michigan Laws 484.2102 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Total service long run incremental cost: means , given current service demand, including associated costs of every component necessary to provide the service, 1 of the following:
(i) The total forward-looking cost of a telecommunication service, relevant group of services, or basic network component, using current least cost technology that would be required if the provider had never offered the service. See Michigan Laws 484.2102Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Unfair practices: means those practices prohibited under section 4. See Michigan Laws 290.702 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Vehicle: means any device in, upon, or by which a person or property is or may be transported, except an aircraft. See Michigan Laws 259.9 WATS: means the transmission of 2-way interactive switched communication over a dedicated access line. See Michigan Laws 484.2102 Wild ginseng: means ginseng growing or grown in an uncultivated state or harvested from its natural habitat. See Michigan Laws 290.753 Woodsgrown ginseng: means ginseng growing or grown in managed beds under natural shade. See Michigan Laws 290.753