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MPSC Directs City of Clawson to Explain Why It is Not in Violation of Uniform Video Services Local Franchise Act

Contact:  Judy Palnau (517) 241-3323


December 23, 2008

The Michigan Public Service Commission (MPSC) today directed AT&T Michigan and the City of Clawson (Clawson) to appear at a pre-hearing conference, and it directed Clawson to "show cause" why it should not be found in violation of Public Act 480 of 2006, also known as the Uniform Video Services Local Franchise Act.

AT&T Michigan filed a complaint on Oct. 24, seeking resolution of a dispute with Clawson under the Act.  It also requested a declaratory ruling, an order to show cause, and expedited consideration of its filings.

AT&T's complaint alleges that Clawson improperly rejected its Sept. 30 uniform video service local franchise agreement as incomplete.  Clawson, in a letter dated, Oct. 20, rejected the utility's franchise agreement as incomplete, citing a list of 30 questions.

The utility filed a complaint with the MPSC on Oct. 24.  Informal mediation by the MPSC staff failed to resolve the dispute.

In granting the utility's request, the Commission noted that the allegations, if proven, would appear to be contrary to both the requirements of the Act and the legislative policy to streamline the franchising process and handle any disputes quickly.

Today's order directs the parties to appear at a pre-hearing conference at 9 a.m. on Jan. 13, 2009 at the Commission's Lansing office.  The administrative law judge in the case will establish a schedule that will allow the MPSC to issue a final order by March 20, 2009. 

Section 14 of Public Act 480 of 2006 authorizes the MPSC to order remedies and penalties for violations of the Act, including a fine.

Case No. U-15683

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