HF 3679

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/04/2024 03:45pm

A bill for an act
relating to telecommunications; adding certain prohibited practices; providing for
a missed repair appointments credit; modifying provisions governing municipal
and local telecommunications service; amending Minnesota Statutes 2022, sections
237.121; 237.19; 429.021, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 237.

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

Section 1.

Minnesota Statutes 2022, section 237.121, is amended to read:

237.121 PROHIBITED PRACTICES.

(a) A telephone company or telecommunications carrier may not do any of the following
with respect to services regulated by the commission:

(1) upon request, fail to disclose in a timely and uniform manner information necessary
for the design of equipment and services that will meet the specifications for interconnection;

(2) intentionally impair the speed, quality, or efficiency of services, products, or facilities
offered to a consumer under a tariff, contract, or price list;

(3) fail to provide a service, product, or facility to a consumer other than a telephone
company or telecommunications carrier in accordance with its applicable tariffs, price lists,
or contracts and with the commission's rules and orders;

(4) refuse to provide a service, product, or facility to a telephone company or
telecommunications carrier in accordance with its applicable tariffs, price lists, or contracts
and with the commission's rules and orders;

(5) impose unreasonable or discriminatory restrictions on the resale of its services,
provided that:

(i) it may require that residential service may not be resold as a different class of service;
and

(ii) the commission may prohibit resale of services it has approved for provision for
not-for-profit entities at rates less than those offered to the general public; deleted text begin or
deleted text end

(6) provide telephone service to a person acting as a telephone company or
telecommunications carrier if the commission has ordered the telephone company or
telecommunications carrier to discontinue service to that person deleted text begin . deleted text end new text begin ; or
new text end

new text begin (7) upon cancellation of a service, refuse to provide a prorated refund of payment made
in advance by a customer.
new text end

(b) A telephone company or telecommunications carrier may not violate a provision of
sections 325F.692 and 325F.693, with regard to any of the services provided by the company
or carrier.

Sec. 2.

new text begin [237.185] MISSED REPAIR APPOINTMENTS; CREDIT.
new text end

new text begin Subdivision 1. new text end

new text begin Credit required; limitation; exception. new text end

new text begin (a) A local exchange carrier
that schedules a repair appointment with a customer for any service, either to provide the
service directly or by contracting with a third party, must provide an immediate $25 credit
to the customer if a repair technician fails to appear at the scheduled appointment time and
at the location where the repair is required. A customer is not required to request the
immediate credit.
new text end

new text begin (b) The immediate credit under paragraph (a) applies only if the customer, prior to the
scheduled repair appointment, provides notice to the local exchange carrier that the customer's
compromised health requires continued access to emergency services. The customer is not
required to provide the local exchange carrier with medical documentation when providing
notice under this paragraph.
new text end

new text begin (c) The local exchange carrier is not required to provide an immediate credit if the local
exchange carrier (1) notifies the customer that a change in scheduling is necessary, and (2)
provides the notice to the customer at least 24 hours before the scheduled appointment.
new text end

new text begin Subd. 2. new text end

new text begin Notice. new text end

new text begin (a) A local exchange carrier must notify the local exchange carrier's
customers (1) of the right to an immediate credit for a missed repair appointment, and (2)
that a health notice from the customer must be on file in order for the customer to obtain
the immediate credit.
new text end

new text begin (b) The notice must be given to a new customer within 45 days of the date that service
to the customer is commenced and at least annually thereafter. The notice must be provided
in a writing labeled "NOTICE OF RIGHT TO IMMEDIATE CREDIT FOR MISSED
REPAIR APPOINTMENTS FOR CERTAIN HEALTH COMPROMISED CUSTOMERS."
The notification must be printed in a sufficient size so that it is clearly legible.
new text end

Sec. 3.

Minnesota Statutes 2022, section 237.19, is amended to read:

237.19 MUNICIPAL TELECOMMUNICATIONS SERVICES.

Any municipality shall have the right to own and operate a telephone exchange within
its own borders, subject to the provisions of this chapter. It may construct such plant, or
purchase an existing plant by agreement with the owner, or where it cannot agree with the
owner on price, it may acquire an existing plant by condemnation deleted text begin , as hereinafter provided,
but in no case shall a municipality construct or purchase such a plant or proceed to acquire
an existing plant by condemnation until such action by it is authorized by a majority of the
electors voting upon the proposition at a general election or a special election called for that
purpose, and if the proposal is to construct a new exchange where an exchange already
exists, it shall not be authorized to do so unless 65 percent of those voting thereon vote in
favor of the undertaking deleted text end . A municipality that owns and operates a telephone exchange may
enter into a joint venture as a partner or shareholder with a telecommunications organization
to provide telecommunications services within its service area.

Sec. 4.

Minnesota Statutes 2022, section 429.021, subdivision 1, is amended to read:

Subdivision 1.

Improvements authorized.

The council of a municipality shall have
power to make the following improvements:

(1) To acquire, open, and widen any street, and to improve the same by constructing,
reconstructing, and maintaining sidewalks, pavement, gutters, curbs, and vehicle parking
strips of any material, or by grading, graveling, oiling, or otherwise improving the same,
including the beautification thereof and including storm sewers or other street drainage and
connections from sewer, water, or similar mains to curb lines.

(2) To acquire, develop, construct, reconstruct, extend, and maintain storm and sanitary
sewers and systems, including outlets, holding areas and ponds, treatment plants, pumps,
lift stations, service connections, and other appurtenances of a sewer system, within and
without the corporate limits.

(3) To construct, reconstruct, extend, and maintain steam heating mains.

(4) To install, replace, extend, and maintain street lights and street lighting systems and
special lighting systems.

(5) To acquire, improve, construct, reconstruct, extend, and maintain water works systems,
including mains, valves, hydrants, service connections, wells, pumps, reservoirs, tanks,
treatment plants, and other appurtenances of a water works system, within and without the
corporate limits.

(6) To acquire, improve and equip parks, open space areas, playgrounds, and recreational
facilities within or without the corporate limits.

(7) To plant trees on streets and provide for their trimming, care, and removal.

(8) To abate nuisances and to drain swamps, marshes, and ponds on public or private
property and to fill the same.

(9) To construct, reconstruct, extend, and maintain dikes and other flood control works.

(10) To construct, reconstruct, extend, and maintain retaining walls and area walls.

(11) To acquire, construct, reconstruct, improve, alter, extend, operate, maintain, and
promote a pedestrian skyway system. Such improvement may be made upon a petition
pursuant to section 429.031, subdivision 3.

(12) To acquire, construct, reconstruct, extend, operate, maintain, and promote
underground pedestrian concourses.

(13) To acquire, construct, improve, alter, extend, operate, maintain, and promote public
malls, plazas or courtyards.

(14) To construct, reconstruct, extend, and maintain district heating systems.

(15) To construct, reconstruct, alter, extend, operate, maintain, and promote fire protection
systems in existing buildings, but only upon a petition pursuant to section 429.031,
subdivision 3.

(16) To acquire, construct, reconstruct, improve, alter, extend, and maintain highway
sound barriers.

(17) To improve, construct, reconstruct, extend, and maintain gas and electric distribution
facilities owned by a municipal gas or electric utility.

(18) To purchase, install, and maintain signs, posts, and other markers for addressing
related to the operation of enhanced 911 telephone service.

(19) To improve, construct, extend, and maintain facilities for Internet access and other
communications purposes deleted text begin , if the council finds that: deleted text end new text begin provided that the municipality must:
new text end

deleted text begin (i) the facilities are necessary to make available Internet access or other communications
services that are not and will not be available through other providers or the private market
in the reasonably foreseeable future; and
deleted text end

deleted text begin (ii) the service to be provided by the facilities will not compete with service provided
by private entities.
deleted text end

new text begin (i) not discriminate in favor of the municipality's own communications facilities by
granting the municipality more favorable or less burdensome terms and conditions than a
competitive service provider with respect to: (A) access and use of public rights-of-way;
(B) access and use of municipally owned or controlled conduit, towers, and utility poles;
and (C) permitting fees charged to access municipally owned and managed facilities;
new text end

new text begin (ii) maintain separation between the municipality's role as a regulator over firms that
offer services in competition with the services offered by the municipality over the
municipality's communications service facilities, and the municipality's role as a competitive
provider of services over the municipality's communications service facilities; and
new text end

new text begin (iii) not share inside information between employees or contractors responsible for
executing the municipality's role as a regulator over firms that offer communications services
in competition with the communication services offered by the municipality, and employees
or contractors responsible for executing the municipality's role as a competitive
communications services provider.
new text end

(20) To assess affected property owners for all or a portion of the costs agreed to with
an electric utility, telecommunications carrier, or cable system operator to bury or alter a
new or existing distribution system within the public right-of-way that exceeds the utility's
design and construction standards, or those set by law, tariff, or franchise, but only upon
petition under section 429.031, subdivision 3.

(21) To assess affected property owners for repayment of voluntary energy improvement
financings under section 216C.436, subdivision 7, or 216C.437, subdivision 28.

(22) To construct, reconstruct, alter, extend, operate, maintain, and promote energy
improvement projects in existing buildings, provided that:

(i) a petition for the improvement is made by a property owner under section 429.031,
subdivision 3;

(ii) the municipality funds and administers the energy improvement project;

(iii) project funds are only used for the installation of improvements to heating,
ventilation, and air conditioning equipment and building envelope and for the installation
of renewable energy systems;

(iv) each property owner petitioning for the improvement receives notice that free or
low-cost energy improvements may be available under federal, state, or utility programs;

(v) for energy improvement projects on residential property, only residential property
having five or more units may obtain financing for projects under this clause; and

(vi) prior to financing an energy improvement project or imposing an assessment for a
project, written notice is provided to the mortgage lender of any mortgage encumbering or
otherwise secured by the property proposed to be improved.