HF 3327

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to telecommunications; modifying provisions relating to alternative
regulation plans; amending Minnesota Statutes 2006, section 237.766, by adding
a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 237.766, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Joining an existing plan. new text end

new text begin (a) A telephone company may elect to be
regulated under another company's plan if:
new text end

new text begin (1) the company regulated under the plan is larger than the electing company; or
new text end

new text begin (2) the company regulated under the plan is an affiliated company of the electing
company; and
new text end

new text begin (3) the plan is currently in effect.
new text end

new text begin (b) A telephone company electing to adopt an existing plan must operate under the
terms of that plan for three years or the original term of the existing plan, whichever
is longer.
new text end

new text begin (c) A telephone company that elects to adopt an existing plan must give notice to the
commission at least 90 days prior to the proposed effective date of the adoption and to its
customers at least 60 days prior to the proposed effective date.
new text end

new text begin (d) The Department of Commerce or the Office of the Attorney General may file
an objection to a telephone company electing to adopt the plan of another company if
the electing company has operated under an alternative regulation plan of its own and
did not substantially comply with the service quality provisions of or did not meet the
infrastructure obligations of its plan.
new text end

new text begin (e) If a telephone company has not previously operated under an alternative
regulation plan, the rates for its price-regulated services may be no higher for the first three
years of operation under the adopted plan than the rates in effect when the adopted plan
becomes effective, except for any plan provisions that address exogenous changes.
new text end

new text begin (f) Within 30 days of the electing company filing notice to the commission under
paragraph (c), interested parties may file comments with the commission that identify
any aspect of the adoption that a party believes is contrary to the public interest. Reply
comments may be filed 45 days following the notice to the commission. The commission
shall approve the adoption unless it finds that the adoption is not in the public interest, in
which case the commission may reject or modify the adoption. If the commission modifies
the adoption, the electing company may withdraw its proposed adoption by filing notice
with the commission within 30 days of the commission's order modifying the adoption.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end