HF 2905

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to telecommunications; clarifying that the 
  1.3             existing authority of the public utilities commission 
  1.4             to remedy inadequate or discriminatory service 
  1.5             includes the ability to establish self-executing 
  1.6             remedies and penalties; amending Minnesota Statutes 
  1.7             2000, section 237.081, subdivision 4.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 237.081, 
  1.10  subdivision 4, is amended to read: 
  1.11     Subd. 4.  [ESTABLISHMENT OF RATE AND PRICE.] (a) Whenever 
  1.12  the commission finds, after a proceeding under subdivision 2, 
  1.13  that (1) a service that can be reasonably demanded cannot be 
  1.14  obtained, (2) that any rate, toll, tariff, charge, or schedule, 
  1.15  or any regulation, measurement, practice, act, or omission 
  1.16  affecting or relating to the production, transmission, delivery, 
  1.17  or furnishing of telephone service or any service in connection 
  1.18  with telephone service, is in any respect unreasonable, 
  1.19  insufficient, or unjustly discriminatory, or (3) that any 
  1.20  service is inadequate, the commission shall make an order 
  1.21  respecting the tariff, regulation, act, omission, practice, or 
  1.22  service that is just and reasonable and, if applicable, shall 
  1.23  establish just and reasonable rates and prices. 
  1.24     (b) Included within the authority existing under paragraph 
  1.25  (a) for the commission to issue any order remedying inadequate 
  1.26  or discriminatory service or practice is the authority to impose 
  2.1   self-executing or automatic remedies and penalties.