1.1                          A bill for an act 
  1.2             relating to telecommunications; providing a regulatory 
  1.3             structure for a competitive industry with a rapidly 
  1.4             evolving technology; proposing coding for new law as 
  1.5             Minnesota Statutes, chapter 237A; repealing Minnesota 
  1.6             Statutes, chapters 237; and 238.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8                              ARTICLE 1
  1.9            TELECOMMUNICATIONS SERVICE GENERAL REGULATION
  1.10     Section 1.  [237A.01] [DEFINITIONS.] 
  1.11     Subdivision 1.  [SCOPE.] For the purposes of this chapter, 
  1.12  the terms defined in this section have the meanings given them. 
  1.13     Subd. 2.  [CITY.] "City" means a statutory or home rule 
  1.14  charter city. 
  1.15     Subd. 3.  [COMMISSION.] "Commission" means the public 
  1.16  utilities commission. 
  1.17     Subd. 4.  [DEPARTMENT.] "Department" means the department 
  1.18  of public service. 
  1.19     Subd. 5.  [LONG-DISTANCE TELEPHONE COMPANY.] "Long-distance 
  1.20  telephone company" means a person, firm, association, or 
  1.21  corporation furnishing interexchange inter- and intra-LATA toll 
  1.22  telephone service. 
  1.23     Subd. 6.  [TELECOMMUNICATIONS.] "Telecommunications" means 
  1.24  any transmission whether by wire, wireless, or other means of 
  1.25  transmission between or among points specified by the user, of 
  1.26  information of the user's choosing, without change in the form 
  2.1   or content of the information as sent and received. 
  2.2      Subd. 7.  [TELECOMMUNICATIONS SERVICE.] "Telecommunications 
  2.3   service" means the offering of telecommunications for a fee 
  2.4   directly to the public, or to such classes of users as to be 
  2.5   effectively available directly to the public, regardless of the 
  2.6   facilities used and includes cable communications and telephone 
  2.7   services. 
  2.8      Sec. 2.  [237A.02] [COMMISSION AUTHORITY; GOALS.] 
  2.9      Subdivision 1.  [REGULATORY AUTHORITY.] The commission 
  2.10  shall regulate telecommunications services under this chapter. 
  2.11     Subd. 2.  [STATE GOALS, CONSIDERATIONS.] The following are 
  2.12  state goals that should be considered as the commission executes 
  2.13  its regulatory duties with respect to telecommunications 
  2.14  services: 
  2.15     (1) supporting universal service; 
  2.16     (2) encouraging economically efficient deployment of 
  2.17  infrastructure for higher speed telecommunications services and 
  2.18  greater capacity for voice, video, and data transmission; 
  2.19     (3) encouraging fair competition for local exchange 
  2.20  telecommunications service in a competitively neutral regulatory 
  2.21  manner; 
  2.22     (4) maintaining or improving quality of service; 
  2.23     (5) promoting customer choice; 
  2.24     (6) ensuring consumer protections are maintained; and 
  2.25     (7) encouraging voluntary resolution of issues between and 
  2.26  among competing providers and discouraging litigation. 
  2.27     Sec. 3.  [237A.03] [TELECOMMUNICATIONS PROVIDER; 
  2.28  PERFORMANCE GUARANTY.] 
  2.29     A person has authority to provide telecommunications 
  2.30  services if the person furnishes to the commission a performance 
  2.31  guaranty in the form of a bond, letter of credit, certificate of 
  2.32  deposit, or other instrument approved by the commission in an 
  2.33  amount determined by the commission by rule as adequate to 
  2.34  provide compensation for damages resulting from the failure to 
  2.35  meet quality of service standards or to deliver promised 
  2.36  services.  The commission may vary the amount furnished 
  3.1   dependent on the type of service offered or proposed to be 
  3.2   offered.  A person may not provide or offer to provide 
  3.3   telecommunications services if the person is not in compliance 
  3.4   with this section. 
  3.5      The guaranty amount must be proportional to the number of 
  3.6   customers served or proposed to be served.  The guaranty amount 
  3.7   must be adjusted to reflect the number of customers served and 
  3.8   renewed annually. 
  3.9      Sec. 4.  [237A.04] [RULES.] 
  3.10     The commission may adopt rules necessary to implement and 
  3.11  administer this chapter.  The rules must, at a minimum: 
  3.12     (1) provide uniform rules and classifications pertaining to 
  3.13  the provision of telecommunications services; 
  3.14     (2) require the provisions of equal access and 
  3.15  interconnection necessary to promote fair competition; 
  3.16     (3) require unbundling of network services and functions to 
  3.17  at least the level required by existing federal standards; 
  3.18     (4) prescribe, if necessary, methods of reciprocal 
  3.19  compensation between telecommunications services providers; 
  3.20     (5) provide for local telephone number portability; 
  3.21     (6) prescribe methods for the preservation of universal and 
  3.22  affordable telecommunications services; 
  3.23     (7) prescribe standards for quality of service; 
  3.24     (8) provide for the continued provision of local emergency 
  3.25  telephone services under chapter 403; 
  3.26     (9) protect residential and commercial customers from 
  3.27  unauthorized changes in service providers in a competitively 
  3.28  neutral manner; 
  3.29     (10) require complete and accurate disclosure of 
  3.30  telecommunications services offered by telecommunications 
  3.31  services providers; 
  3.32     (11) govern requests for tracers made by persons who 
  3.33  receive harassing telephone calls; and 
  3.34     (12) provide specific standards for measuring and reporting 
  3.35  on the quality of telecommunications services including, but not 
  3.36  limited to, standards concerning installation and time intervals 
  4.1   for restoration or repair of service, trouble rates, exchange 
  4.2   access line held orders, customer satisfaction, and dial tone 
  4.3   access speed. 
  4.4      Sec. 5.  [237A.05] [PROHIBITED TELECOMMUNICATIONS SERVICES 
  4.5   PROVIDER PRACTICES.] 
  4.6      (a) A telecommunications services provider may not do any 
  4.7   of the following: 
  4.8      (1) upon request, fail to disclose in a timely and uniform 
  4.9   manner information necessary for the design of equipment and 
  4.10  services that will meet specifications for interconnection; 
  4.11     (2) intentionally impair the speed, quality, or efficiency 
  4.12  of services, products, or facilities offered to a consumer; 
  4.13     (3) fail to provide a service, product, or facility to a 
  4.14  consumer other than a telecommunications provider in accordance 
  4.15  with the commission's rules and orders; 
  4.16     (4) refuse to provide a service, product, or facility to a 
  4.17  telecommunications services provider in accordance with the 
  4.18  commission's rules and orders; and 
  4.19     (5) impose unreasonable or discriminatory restrictions on 
  4.20  the resale of its services. 
  4.21     (b) A telecommunications services provider may not violate 
  4.22  a provision of section 325F.693, with regard to the services 
  4.23  provided by the provider. 
  4.24     Sec. 6.  [237A.06] [INTERCONNECTION.] 
  4.25     Subdivision 1.  [GENERAL RULE.] When public convenience 
  4.26  requires an interconnection, every telecommunications services 
  4.27  provider shall, for a reasonable compensation, permit physical 
  4.28  connections to be made between a telecommunications line or 
  4.29  facility. 
  4.30     Subd. 2.  [PRICE FOR INTERCONNECTION OR NETWORK ELEMENT.] 
  4.31  For telecommunications services providers, the prices for 
  4.32  interconnection or network elements to be established by the 
  4.33  commission in a pending or future proceeding shall be based on a 
  4.34  forward-looking economic cost methodology which shall include, 
  4.35  but is not limited to, consideration of the following: 
  4.36     (1) the use of the most efficient telecommunications 
  5.1   technology currently available and the least cost network 
  5.2   configuration, given the existing location of the incumbent 
  5.3   telecommunications services provider wire centers; 
  5.4      (2) forward-looking depreciation rates; 
  5.5      (3) a reasonable allocation of forward-looking joint and 
  5.6   common costs; 
  5.7      (4) forward-looking cost of capital; and 
  5.8      (5) Minnesota tax rates and, where applicable, Minnesota 
  5.9   facility placement requirements, Minnesota topography, and 
  5.10  Minnesota climate. 
  5.11     Sec. 7.  [237A.07] [ESTABLISHMENT EXEMPT FROM REGULATION.] 
  5.12     Subdivision 1.  [DEFINITION.] For purposes of this section, 
  5.13  "establishment" means an individual hotel, motel, restaurant, 
  5.14  lodging house, boarding house, resort, or place of refreshment 
  5.15  licensed under chapter 157. 
  5.16     Subd. 2.  [EXEMPTION; CONDITIONS.] An establishment that 
  5.17  provides telecommunications service to patrons on the premises 
  5.18  of the establishment is not subject to regulation under this 
  5.19  chapter, except that the establishment: 
  5.20     (1) shall provide notice of charges and service providers 
  5.21  to patrons as required in section 325F.99; and 
  5.22     (2) is subject to the procedures of section 237A.18. 
  5.23     Sec. 8.  [237A.08] [ALARM TRANSMISSION TELEPHONE DEVICE; 
  5.24  RULES.] 
  5.25     Subdivision 1.  [PERMISSION REQUIRED.] A person desiring to 
  5.26  install or use an automatic, electrical, or mechanical device or 
  5.27  attachment to a telephone that reproduces a taped or prerecorded 
  5.28  message to report a police, fire, or other emergency to an 
  5.29  official emergency reporting telephone number shall obtain 
  5.30  permission, in writing, from the sheriff of the county in which 
  5.31  located or the police chief or fire chief of the municipality 
  5.32  into whose emergency telephone number the attachment or device 
  5.33  is connected. 
  5.34     Subd. 2.  [CONDITIONS FOR CONNECTION.] The sheriff, police 
  5.35  chief, or fire chief may determine the conditions, if any, under 
  5.36  which the device or attachment may be connected, provided (1) 
  6.1   the conditions are reasonable in accordance with local 
  6.2   conditions and (2) the device or attachment complies with 
  6.3   commission rules.  
  6.4      Subd. 3.  [REMOVAL.] When the sheriff, police chief, or 
  6.5   fire chief has knowledge of the use of an attachment or device 
  6.6   not operated or maintained in accordance with this section, that 
  6.7   official may order its removal. 
  6.8      Subd. 4.  [PENALTY.] Violation of this section is a 
  6.9   misdemeanor.  
  6.10     Sec. 9.  [237A.09] [PRIVATE SHARED TELECOMMUNICATIONS 
  6.11  SERVICE.] 
  6.12     Subdivision 1.  [DEFINITION.] For the purposes of this 
  6.13  section, "private shared telecommunications service" means 
  6.14  telecommunications services and equipment provided (1) within a 
  6.15  user group located in discrete private premises, (2) in building 
  6.16  complexes, campuses, or high-rise buildings, (3) by a commercial 
  6.17  shared services provider or by a user association, and (4) 
  6.18  through privately owned customer premises equipment and 
  6.19  associated data processing and information management services.  
  6.20  The term includes the service connections provided to the 
  6.21  facilities of a telecommunications services provider.  
  6.22     Subd. 2.  [REQUIREMENTS.] A person who owns or operates a 
  6.23  building, property, complex, or other facility where a private 
  6.24  shared telecommunications system is operated shall establish a 
  6.25  single demarcation point for services and facilities provided by 
  6.26  telecommunications services providers.  The obligation of a 
  6.27  carrier of last resort to provide service to a customer at a 
  6.28  location where a private shared telecommunications system is 
  6.29  operated is limited to providing telecommunications service and 
  6.30  facilities up to the demarcation point established for the 
  6.31  property where the private shared telecommunications system is 
  6.32  located. 
  6.33     Subd. 3.  [ACCESS TO ALTERNATIVE PROVIDER.] A tenant of a 
  6.34  building, property, complex, or other facility where a private 
  6.35  shared telecommunications system is operated may establish a 
  6.36  direct connection to and receive telecommunications services 
  7.1   from any provider.  At the request of a tenant where a private 
  7.2   shared telecommunications system is operated, the owner or 
  7.3   manager of the property shall make facilities or conduit space 
  7.4   available to the tenant to allow the tenant to make separate 
  7.5   connection to and to receive telecommunications service directly 
  7.6   from any telecommunications services provider.  The tenant has 
  7.7   the choice of installing the tenant's own facilities or using 
  7.8   the existing facilities.  The facilities or conduit space must 
  7.9   be provided by the owner or operator to the tenant at a 
  7.10  reasonable rate and on reasonable terms and conditions.  It is 
  7.11  the obligation of the tenant to arrange for premises wire, 
  7.12  cable, or other equipment necessary to connect the tenant's 
  7.13  telecommunications equipment with the facilities of the 
  7.14  telecommunications services provider operating local exchange 
  7.15  service at the location of the demarcation point.  
  7.16     Subd. 4.  [ENFORCEMENT.] If the commission finds that the 
  7.17  owner or operator of a private shared telecommunications system 
  7.18  has failed to comply with a request under this section, the 
  7.19  commission may order the owner or operator to make facilities or 
  7.20  conduit space available sufficient to allow the tenant to make 
  7.21  separate connection with the telecommunications services 
  7.22  provider, and provide the services at reasonable prices and on 
  7.23  reasonable terms and conditions.  
  7.24     Subd. 5.  [EXEMPTION.] A provider of private shared 
  7.25  telecommunications services is exempt from section 237A.03 if 
  7.26  the telecommunications services are only provided to tenants or 
  7.27  for the provider's own use.  
  7.28     Subd. 6.  [SERVICE BY PROVIDER OF LAST RESORT.] The carrier 
  7.29  of last resort providing local exchange service shall provide 
  7.30  service to anyone located within a shared services building at 
  7.31  the demarcation point within a reasonable time upon request.  
  7.32     Sec. 10.  [237A.10] [CROSS-SUBSIDIZATION.] 
  7.33     A telecommunications services provider may not subsidize 
  7.34  its services from its nontelecommunications services through 
  7.35  allocations of costs, cost-sharing agreements, or other means, 
  7.36  direct or indirect. 
  8.1      Sec. 11.  [237A.11] [LONG-DISTANCE TELEPHONE COMPANIES.] 
  8.2      Long-distance telephone providers are subject to regulation 
  8.3   under this chapter only in the manner as other 
  8.4   telecommunications services providers. 
  8.5      Sec. 12.  [237A.12] [INTEREXCHANGE TELEPHONE SERVICE.] 
  8.6      Subdivision 1.  [DEFINITION, FINDINGS, AND PURPOSE.] (a) 
  8.7   For purposes of this section, "act" means the federal 
  8.8   Telecommunications Act of 1996, Public Law Number 104-104. 
  8.9      (b) The act establishes procedures whereby former Bell 
  8.10  operating companies or their affiliates may obtain authorization 
  8.11  from the Federal Communications Commission (FCC) to provide 
  8.12  intrastate inter-LATA telecommunications services and to promote 
  8.13  the development of fair and reasonable competition. 
  8.14     (c) The purpose of this section is to promote the 
  8.15  development of fair and reasonable competition in the 
  8.16  telecommunications industry in Minnesota. 
  8.17     Subd. 2.  [CONSULTATION WITH FCC.] An investigation or 
  8.18  proceeding by the Minnesota public utilities commission to 
  8.19  verify compliance with the competitive checklist requirements of 
  8.20  section 271(c) of the act must be completed by the commission 
  8.21  and the resulting certification provided to the Federal 
  8.22  Communications Commission within 90 days after receipt of a 
  8.23  request for verification from the Federal Communications 
  8.24  Commission. 
  8.25                             ARTICLE 2
  8.26                        CONSUMER PROTECTION
  8.27     Section 1.  [237A.13] [DISCLOSURE OF LOCAL SERVICE 
  8.28  OPTIONS.] 
  8.29     Subdivision 1.  [NOTICE TO LOCAL RESIDENTIAL CUSTOMERS.] 
  8.30  When a customer requests service or requests a change of 
  8.31  service, a telecommunications services provider shall provide 
  8.32  the customer, in a form convenient to the customer, the price of 
  8.33  all service options available to that customer.  
  8.34     Subd. 2.  [NOTICE TO CUSTOMER; RIGHT TO REQUIRE PRIOR 
  8.35  AUTHORIZATION.] Each residential and commercial long-distance 
  8.36  customer may elect to require that the telecommunications 
  9.1   services provider serving the customer receive authorization 
  9.2   from the customer before a request to serve that customer from a 
  9.3   different intrastate telecommunications carrier than the carrier 
  9.4   currently serving the customer is processed. 
  9.5      Subd. 3.  [TIMING OF NOTICE; NEW CUSTOMER.] For new 
  9.6   installations, a telecommunications services provider shall 
  9.7   notify a residential or commercial customer of the right 
  9.8   described in subdivision 2 when the customer initially requests 
  9.9   intraexchange service.  A customer notification of the rights 
  9.10  set forth in this section must be provided utilizing uniform, 
  9.11  competitively neutral language.  The form, content, and style of 
  9.12  the authorization must be consistent with federal law and 
  9.13  regulation and use language provided and approved by the public 
  9.14  utilities commission.  
  9.15     Subd. 4.  [CHANGE OF ELECTION.] A customer may change the 
  9.16  election under subdivision 2 at any time by notifying the 
  9.17  telecommunications services provider of that decision.  No 
  9.18  separate charge may be imposed on the customer for electing to 
  9.19  exercise the right described in subdivision 2 or to change that 
  9.20  election. 
  9.21     Subd. 5.  [FILING; EXEMPTIONS.] Copies of both the written 
  9.22  notices and information provided to customer service 
  9.23  representatives concerning the disclosure required under 
  9.24  subdivision 1 must be filed once every 12 months with the 
  9.25  commission and the department.  
  9.26     Subd. 6.  [CALL BLOCKING.] A telecommunications services 
  9.27  provider, when a residential customer initially requests 
  9.28  service, shall advise each residential customer of the 
  9.29  availability of all blocking options including 900 number 
  9.30  blocking and international long-distance blocking. 
  9.31     Subd. 7.  [ENFORCEMENT.] If, after an expedited procedure 
  9.32  conducted under section 237A.26, the commission finds that a 
  9.33  telecommunications services provider is failing to provide 
  9.34  disclosure as required under subdivision 1, or the notification 
  9.35  required under subdivision 3, it shall order the 
  9.36  telecommunications services provider to take corrective action 
 10.1   as necessary. 
 10.2      Sec. 2.  [237A.14] [ANTISLAMMING.] 
 10.3      Subdivision 1.  [ANTISLAMMING DUTIES OF LOCAL TELEPHONE 
 10.4   COMPANY.] If a customer has elected to exercise the right 
 10.5   described in section 237A.13, the telecommunications services 
 10.6   provider serving the customer shall not process a request to 
 10.7   serve the customer by another long-distance telephone company 
 10.8   without prior authorization from the customer.  If a customer 
 10.9   has not elected to exercise the right described in that 
 10.10  subdivision, the telecommunications services provider may 
 10.11  process a request to serve the customer by another 
 10.12  telecommunications carrier. 
 10.13     Subd. 2.  [ANTISLAMMING DUTIES OF SOLICITING CARRIER.] (a) 
 10.14  A long-distance telephone company may request that the 
 10.15  telecommunications services provider serving a customer process 
 10.16  a change in that customer's long-distance provider, if the 
 10.17  customer has authorized the change either orally or in writing 
 10.18  signed by the customer.  Prior to requesting a change in a 
 10.19  customer's long-distance company, the company must confirm: 
 10.20     (1) the customer's identity with information unique to the 
 10.21  customer, unless the customer refused to provide identifying 
 10.22  information, then that fact should be noted; 
 10.23     (2) that the customer has been informed of the offering 
 10.24  made by the long-distance company; 
 10.25     (3) that the customer understands that the customer is 
 10.26  being requested to change; 
 10.27     (4) that the customer has the authority to authorize the 
 10.28  change; and 
 10.29     (5) that the customer agrees to the change. 
 10.30     (b) After requesting the change in the long-distance 
 10.31  company, the carrier must: 
 10.32     (1) notify the customer in writing that the request has 
 10.33  been processed; and 
 10.34     (2) be able to produce, upon complaint by the customer, 
 10.35  evidence that the company verified the authorization by the 
 10.36  customer to change the customer's long-distance company.  If the 
 11.1   company used a negative check-off verification procedure as 
 11.2   defined in subdivision 4, paragraph (c), the evidence must 
 11.3   include a tape recording of the initial oral authorization. 
 11.4      Subd. 3.  [PENALTY FOR SLAMMING.] If the company is not 
 11.5   able to present, upon complaint by the customer, evidence that 
 11.6   complies with subdivision 2, paragraph (b), clause (2), the 
 11.7   change to the service of the company is deemed to be 
 11.8   unauthorized from the date the company requested the change.  In 
 11.9   that event, the company shall: 
 11.10     (1) bear all costs of immediately returning the customer to 
 11.11  the service of the customer's original service provider; and 
 11.12     (2) bear all costs of serving that customer during the 
 11.13  period of unauthorized service. 
 11.14     Subd. 4.  [VERIFICATION PROCEDURES; EVIDENCE OF 
 11.15  AUTHORIZATION.] (a) Customer authorization for a change in the 
 11.16  customer's long-distance telephone company may be verified using 
 11.17  a verification procedure that complies with federal law or 
 11.18  regulation.  Except as provided in paragraph (b), the 
 11.19  requirement that the telephone company be able to produce 
 11.20  evidence of customer authorization is satisfied if the telephone 
 11.21  company uses a federally authorized verification procedure. 
 11.22     (b) If federal law or regulation authorizes a telephone 
 11.23  company to use a negative check-off verification procedure, and 
 11.24  the telephone company does so, the telephone company must be 
 11.25  able to produce a tape recording of the initial oral 
 11.26  authorization by the customer to change long-distance service 
 11.27  providers as evidence of the authorization.  The initial oral 
 11.28  authorization must include confirmation of the items listed in 
 11.29  subdivision 2, paragraph (a). 
 11.30     (c) "Negative check-off" means a verification procedure 
 11.31  that consists of: 
 11.32     (1) an initial oral authorization by the customer to change 
 11.33  the long-distance telephone company; and 
 11.34     (2) a mailing to the customer by the soliciting 
 11.35  long-distance telephone company regarding the change in service 
 11.36  providers that informs the customer that if the customer fails 
 12.1   to cancel the change in service providers, the change will be 
 12.2   deemed authorized and verified. 
 12.3      Sec. 3.  [237A.15] [NOTICE AND DISCLOSURE REQUIREMENTS OF 
 12.4   LONG-DISTANCE PROVIDERS.] 
 12.5      Subdivision 1.  [INFORMATION REQUIRED.] When contacted by a 
 12.6   customer regarding the purchase of long-distance 
 12.7   telecommunications services, or when soliciting customers via 
 12.8   mail or telephone, a long-distance telephone company shall 
 12.9   provide the customer with the following information, if the 
 12.10  service is being offered to the customer, about the service 
 12.11  offering either orally or in writing: 
 12.12     (1) the price or range of prices of interstate message toll 
 12.13  service accessed by dialing "1+" or "10-xxx", including any 
 12.14  difference in prices for evening, night, or weekend calls; 
 12.15     (2) the price or range of prices of intrastate inter-LATA 
 12.16  message toll service accessed by dialing "1+" or "10-xxx", 
 12.17  including any difference in prices for evening, night, or 
 12.18  weekend calls; 
 12.19     (3) the price or range of prices of intrastate intra-LATA 
 12.20  message toll service accessed by dialing "1+" or "10-xxx", 
 12.21  including any difference in prices for evening, night, or 
 12.22  weekend; 
 12.23     (4) any minimum volume requirements, fixed flat fees, 
 12.24  service charges, surcharges, termination charges or other 
 12.25  non-service-specific charges, including the fact that the 
 12.26  provider of local telecommunications services may charge a 
 12.27  one-time fee for changing carriers; and 
 12.28     (5) any special promotional rate or promotional offering 
 12.29  related to the services or prices described in clauses (1) to 
 12.30  (4), including any limitations or restrictions on the 
 12.31  promotional rates or offerings. 
 12.32     Subd. 2.  [PRICE, TERMS, AND RESTRICTIONS IN WRITING.] (a) 
 12.33  If a customer agrees to purchase telecommunications services 
 12.34  from the long-distance telephone company on a presubscription 
 12.35  basis, the provider shall send the customer written information 
 12.36  regarding services subscribed to, containing: 
 13.1      (1) the information regarding prices and charges described 
 13.2   in subdivision 1, clauses (1) to (5); 
 13.3      (2) the price for calls placed with a calling card issued 
 13.4   to the customer by the provider and any surcharge for placing 
 13.5   calls with a calling card; 
 13.6      (3) the price for calls charged to the customer when a 
 13.7   personal "1-800" number for long-distance services issued to the 
 13.8   customer by the provider is used; and 
 13.9      (4) the price of directory assistance calls. 
 13.10     (b) This written information must be sent to the customer 
 13.11  within seven business days from the date of the verification of 
 13.12  the customer's authorization, unless federal law or regulation 
 13.13  requires notice to be sent by an earlier date. 
 13.14     Subd. 3.  [FILED TARIFF NO DEFENSE.] That a long-distance 
 13.15  telephone company has intrastate tariffs or price lists for the 
 13.16  services listed in subdivisions 1 and 2 on file with the public 
 13.17  utilities commission or department of public service is not a 
 13.18  defense to any action brought for failure to disclose intrastate 
 13.19  prices for which disclosure is required under this section. 
 13.20     Sec. 4.  [237A.16] [LOADING.] 
 13.21     (a) Except as provided in paragraph (b) or (c), a 
 13.22  telecommunications services provider or a long-distance 
 13.23  telephone company providing local service shall not charge a 
 13.24  telephone service subscriber, as defined in section 325F.692, 
 13.25  for a telephone or telecommunications service that is not 
 13.26  required by the commission to be offered and for which the 
 13.27  subscriber did not explicitly contract.  
 13.28     (b) If a charge is assessed on a per-use basis for a 
 13.29  service described in paragraph (a), the charge must be applied 
 13.30  as a credit to the subscriber's next monthly bill, if the 
 13.31  subscriber notifies the long-distance telephone company or 
 13.32  telecommunications services provider that the subscriber did not 
 13.33  utilize the service or did not authorize the utilization of the 
 13.34  service. 
 13.35     (c) A long-distance telephone company or telecommunications 
 13.36  services provider that receives a notification from a telephone 
 14.1   service subscriber under paragraph (b) shall inform the 
 14.2   subscriber of the ability to block the services from future use 
 14.3   by the subscriber, and shall block the services from future use 
 14.4   by the subscriber, if the subscriber so requests.  If a 
 14.5   subscriber requests that the telecommunications services 
 14.6   provider or long-distance telephone company not block the 
 14.7   service or later requests to have the block lifted, the 
 14.8   subscriber is responsible for charges caused by the future 
 14.9   utilization of that service.  The telecommunications services 
 14.10  provider or long-distance telephone company may not charge a 
 14.11  recurring fee for blocking the service. 
 14.12     Sec. 5.  [237A.17] [RATE CHANGE.] 
 14.13     A telecommunications services provider must provide 60 days 
 14.14  notice of a rate increase to a customer. 
 14.15                             ARTICLE 3
 14.16                 COMMISSION PROCESS AND PROCEDURES
 14.17     Section 1.  [237A.18] [INVESTIGATION.] 
 14.18     Subdivision 1.  [COMMISSION INVESTIGATION.] The commission, 
 14.19  with or without notice, may investigate telecommunications 
 14.20  services providers for statute or rule violations, claims that 
 14.21  service cannot be obtained, or a matter relating to a 
 14.22  telecommunications service. 
 14.23     Subd. 2.  [PROCEDURE AFTER INVESTIGATION.] (a) If, after 
 14.24  making an investigation, the commission finds that a significant 
 14.25  factual issue raised has not been resolved to its satisfaction, 
 14.26  the commission shall order that a contested case hearing be 
 14.27  conducted under chapter 14 unless the complainant, the 
 14.28  telecommunications provider, and the commission agree that an 
 14.29  expedited hearing under section 237A.26 is appropriate.  
 14.30     Subd. 3.  [ORDER RESPECTING SERVICE.] After a proceeding 
 14.31  under subdivision 2, the commission shall make an order 
 14.32  respecting telecommunications service that is just and 
 14.33  reasonable. 
 14.34     Subd. 4.  [SERVICE; NOTICE.] A copy of an order issued 
 14.35  under this section must be served upon the person against whom 
 14.36  it runs or the person's attorney, and notice of the order must 
 15.1   be given to the other parties to the proceedings or their 
 15.2   attorneys.  
 15.3      Sec. 2.  [237A.19] [TRANSCRIBED COPY OF RECORD, EXPENSE.] 
 15.4      The commission shall keep a full and complete record of any 
 15.5   formal investigation or hearing.  Testimony received or offered 
 15.6   must be recorded by a stenographer appointed by the commission.  
 15.7   A transcribed copy of the record must be furnished to a party 
 15.8   upon payment of the expense of furnishing the transcribed copy.  
 15.9      When an appeal is taken from a commission order under this 
 15.10  chapter, the commission shall forthwith cause a certified 
 15.11  transcript to be made of all proceedings had, all pleadings and 
 15.12  files, and all testimony taken or offered before it upon which 
 15.13  the order was based, showing particularly what evidence offered 
 15.14  was excluded, if any.  The transcript must be filed with the 
 15.15  court administrator of the district court where the appeal is 
 15.16  pending. 
 15.17     Sec. 3.  [237A.20] [APPEAL FROM DECISION OF COMMISSION.] 
 15.18     Any party to a proceeding before the commission or the 
 15.19  attorney general may appeal from the order in accordance with 
 15.20  chapter 14.  
 15.21     Sec. 4.  [237A.21] [ORDER FINAL AND CONCLUSIVE.] 
 15.22     If an appeal is not taken from an order of the commission, 
 15.23  then in all subsequent litigation arising between the state and 
 15.24  a telecommunications services provider or between a private 
 15.25  party and a telecommunications services provider, the order is 
 15.26  final and conclusive.  
 15.27     Sec. 5.  [237A.22] [COMPELLING OBEDIENCE.] 
 15.28     When a telecommunications services provider fails to comply 
 15.29  with a law of the state or an order of the commission after it 
 15.30  has become final, or an order or judgment of the district court, 
 15.31  the court of appeals, or the supreme court in any case taken to 
 15.32  any of the courts on appeal after the judgment or order has 
 15.33  become final, the commission shall apply to the district court 
 15.34  in the name of the state in a county in which the 
 15.35  telecommunications provider is situated, for a mandatory 
 15.36  injunction or other appropriate writ to compel obedience to the 
 16.1   law, order, or judgment.  The district court shall punish 
 16.2   disobedience of its orders in the enforcement proceedings as for 
 16.3   contempt of court. 
 16.4      Sec. 6.  [237A.23] [INFORMATION SUBJECT TO PROTECTIVE 
 16.5   ORDER.] 
 16.6      In commission meetings during which information that is 
 16.7   subject to a protective order is discussed, the commission shall 
 16.8   employ the procedures of section 14.60 to close to all persons 
 16.9   who are not authorized to obtain the information under the 
 16.10  protective order that portion of the meeting during which the 
 16.11  information will be discussed.  The commission shall take other 
 16.12  appropriate measures to ensure that the data is not disclosed to 
 16.13  persons who are not authorized to obtain the information under 
 16.14  the protective order. 
 16.15     Sec. 7.  [237A.24] [ASSESSMENT OF REGULATORY EXPENSES.] 
 16.16     Subdivision 1.  [ASSESSMENT OF COSTS.] The department and 
 16.17  commission shall quarterly, at least 30 days before the start of 
 16.18  each quarter, estimate the total of their expenditures in the 
 16.19  performance of their duties relating to telecommunications 
 16.20  services providers.  The total must be assessed by the 
 16.21  department to the telecommunications services providers 
 16.22  operating in this state in proportion to their respective gross 
 16.23  jurisdictional operating revenues during the last calendar 
 16.24  year.  The assessment must be paid into the state treasury 
 16.25  within 30 days after the bill has been mailed.  The bill 
 16.26  constitutes notice of the assessment and demand of payment.  The 
 16.27  total amount that may be assessed under this subdivision may not 
 16.28  exceed one-eighth of one percent of the total gross 
 16.29  jurisdictional operating revenues during the calendar year.  The 
 16.30  assessment for the third quarter of each fiscal year must be 
 16.31  adjusted to compensate for the amount by which actual 
 16.32  expenditures by the commission and department for the preceding 
 16.33  fiscal year were more or less than the estimated expenditures 
 16.34  previously assessed.  A telecommunications services provider 
 16.35  with gross jurisdictional operating revenues of less than $5,000 
 16.36  is exempt from assessments under this subdivision. 
 17.1      Subd. 2.  [INTEREST IMPOSED.] The amounts assessed against 
 17.2   a telecommunications services provider or other party that is 
 17.3   not paid after 30 days after the mailing of a notice advising 
 17.4   the telecommunications services provider or other party of the 
 17.5   amount assessed against it, shall draw interest at the rate of 
 17.6   six percent per annum and, upon failure to pay the assessment, 
 17.7   the commission shall proceed by action in the name of the state 
 17.8   against the telecommunications services provider or other party 
 17.9   to collect the amount due, together with interest and the cost 
 17.10  of the suit. 
 17.11     Subd. 3.  [ADMINISTRATIVE HEARING COSTS; APPROPRIATION.] 
 17.12  Any amounts billed to the commission or the department by the 
 17.13  office of administrative hearings for contested case hearings 
 17.14  held pursuant to section 237A.18 must be assessed by the 
 17.15  commissioner or the department against the parties to the 
 17.16  proceeding.  The assessment must be paid into the state treasury 
 17.17  within 30 days after a bill, which constitutes notice of the 
 17.18  assessment and demand for payment of it, has been mailed to the 
 17.19  parties.  Money received must be credited to a special account 
 17.20  and is appropriated to the commissioner or the department for 
 17.21  payment to the office of administrative hearings. 
 17.22     Sec. 8.  [237A.25] [ENFORCEMENT.] 
 17.23     Subdivision 1.  [ACTIONS.] This chapter and rules and 
 17.24  orders of the commission adopted under this chapter may be 
 17.25  enforced by any one or combination of:  criminal prosecution, 
 17.26  action to recover civil penalties, injunction, action to compel 
 17.27  performance, and other appropriate action. 
 17.28     Subd. 2.  [CIVIL PENALTY.] A person who knowingly and 
 17.29  intentionally violates a provision of this chapter or a rule or 
 17.30  order of the commission adopted under this chapter shall forfeit 
 17.31  and pay to the state a penalty, in an amount to be determined by 
 17.32  the court, of at least $100 and not more than $5,000 for each 
 17.33  day of each violation.  The civil penalties provided for in this 
 17.34  section may be recovered by a civil action brought by the 
 17.35  attorney general in the name of the state.  Amounts recovered 
 17.36  under this section must be paid into the state treasury. 
 18.1      Sec. 9.  [237A.26] [EXPEDITED PROCEEDING.] 
 18.2      Notwithstanding chapter 14, the commission may conduct an 
 18.3   expedited proceeding when authorized under this chapter.  In an 
 18.4   expedited proceeding, the commission shall give prior notice to 
 18.5   interested persons and provide them with an opportunity to 
 18.6   present statements of fact and argument and to reply, either 
 18.7   orally or in writing or both.  In an expedited proceeding, the 
 18.8   pleadings must be verified, and oral statements of fact must be 
 18.9   made under oath or affirmation.  The commission shall make a 
 18.10  decision in an expedited proceeding based on the record. 
 18.11     Sec. 10.  [237A.27] [GROSS MISDEMEANOR VIOLATION.] 
 18.12     A telecommunications services provider who violates any 
 18.13  provision of this chapter, with intent to defraud, is guilty of 
 18.14  a gross misdemeanor. 
 18.15                             ARTICLE 4
 18.16                         UNIVERSAL SERVICE
 18.17     Section 1.  [237A.28] [UNIVERSAL SERVICE.] 
 18.18     (a) The commission shall establish and require 
 18.19  contributions to a universal service fund, to be supported by 
 18.20  all telecommunications services providers.  Money in the fund is 
 18.21  appropriated to the commissioner for the purposes of the fund.  
 18.22     (b) The commission may vary universal service fund 
 18.23  contributions based on the types of telecommunications services 
 18.24  providers.  Contributions to the fund must be based on retail 
 18.25  revenues received by the provider of a service to an end user.  
 18.26     (c) Services that should be considered for inclusion as 
 18.27  universal include, at a minimum, single-party service including 
 18.28  access, usage, and touch-tone capability; line quality capable 
 18.29  of carrying facsimile and data transmissions; local call 
 18.30  Internet access; equal access; emergency services number 
 18.31  capability; statewide telecommunications relay service for the 
 18.32  hearing impaired; and blocking of long-distance toll services.  
 18.33     (d) The fund must be administered and distributed in 
 18.34  accordance with rules adopted by the commission and designed to 
 18.35  preserve the availability of universal service throughout the 
 18.36  state. 
 19.1      (e) In particular, the department shall address the 
 19.2   following issues: 
 19.3      (1) what additional services should be included in the 
 19.4   basic set of essential telephone services that the state should 
 19.5   encourage in its mandate to ensure universal service; 
 19.6      (2) whether and how expenditures from the fund should be 
 19.7   used to ensure citizens' access to local government and other 
 19.8   public access programming; and 
 19.9      (3) whether expenditures from the fund should be used to 
 19.10  encourage construction of infrastructure for, and access to, 
 19.11  advanced services, especially in high-cost areas of the state, 
 19.12  and, if the commission determines the fund should be used for 
 19.13  this purpose, a plan to accomplish these goals.  
 19.14     Sec. 2.  [237A.29] [PROVIDER OF LAST RESORT.] 
 19.15     The commission shall enter into contracts with 
 19.16  telecommunication services providers for providing 
 19.17  telecommunication services at rates the commission determines 
 19.18  are fair and reasonable to persons who are unable to obtain 
 19.19  those services in the market at fair and reasonable rates.  The 
 19.20  contracts must be solicited through a request for proposal 
 19.21  process administered by the commission.  The services must, at a 
 19.22  minimum, include all services that the commission has determined 
 19.23  by rule should be universally available and include quality of 
 19.24  service specifications set by the commission.  Payments under 
 19.25  the contract must be made with money in the universal service 
 19.26  fund. 
 19.27     Sec. 3.  [237A.30] [PUBLIC TELECOMMUNICATIONS CONTENT; 
 19.28  FUNDING TO CITIES.] 
 19.29     A city may apply for a per capita annual payment from the 
 19.30  universal service fund, based on the city's population according 
 19.31  to the last federal decennial census, to support municipally 
 19.32  provided telecommunications content and public access to provide 
 19.33  that content.  For the purpose of this section, "municipally 
 19.34  provided" includes content provided by the city, school 
 19.35  district, and other local government units located at least 
 19.36  partly within the city.  The commissioner shall establish an 
 20.1   application process and the level of the per capita payment.  
 20.2   The payment rate must be equal statewide. 
 20.3      Sec. 4.  [237A.31] [COMBINED LOCAL ACCESS SURCHARGE.] 
 20.4      Each local telephone company shall collect from each 
 20.5   subscriber an amount per telephone access line representing the 
 20.6   total of the surcharges required under sections 237A.34, 
 20.7   237A.47, and 403.11.  Amounts collected must be remitted to the 
 20.8   department of administration in the manner prescribed in section 
 20.9   403.11.  The department of administration shall divide the 
 20.10  amounts received proportional to the individual surcharges and 
 20.11  deposit them in the appropriate accounts.  A company or the 
 20.12  billing agent for a company shall list the surcharges as one 
 20.13  amount on a billing statement sent to a subscriber. 
 20.14     Sec. 5.  [237A.32] [DEFINITIONS.] 
 20.15     Subdivision 1.  [SCOPE.] The terms used in sections 237A.32 
 20.16  to 237A.38 have the meanings given them in this section.  
 20.17     Subd. 2.  [COMMUNICATION IMPAIRED.] "Communication 
 20.18  impaired" means certified as deaf, severely hearing impaired, 
 20.19  hard-of-hearing, speech impaired, deaf and blind, or mobility 
 20.20  impaired if the mobility impairment significantly impedes the 
 20.21  ability to use standard, customer premises equipment. 
 20.22     Subd. 3.  [COMMUNICATION DEVICE.] "Communication device" 
 20.23  means a device that when connected to a telephone enables a 
 20.24  communication-impaired person to communicate with another person 
 20.25  utilizing the telephone system.  A "communication device" 
 20.26  includes a ring signaler, an amplification device, a telephone 
 20.27  device for the deaf, a Brailling device for use with a 
 20.28  telephone, and any other device the department of human services 
 20.29  deems necessary. 
 20.30     Subd. 4.  [DEAF.] "Deaf" means a hearing impairment of such 
 20.31  severity that the individual must depend primarily upon visual 
 20.32  communication such as writing, lip reading, manual 
 20.33  communication, and gestures. 
 20.34     Subd. 5.  [EXCHANGE.] "Exchange" means a unit area 
 20.35  established and described by the tariff of a telecommunications 
 20.36  services provider for the administration of telecommunications 
 21.1   service in a specified geographical area, usually embracing a 
 21.2   city or town and its environs, and served by one or more central 
 21.3   offices, together with associated facilities used in providing 
 21.4   service within that area. 
 21.5      Subd. 6.  [FUND.] "Fund" means the telecommunication access 
 21.6   for communication-impaired persons fund established in section 
 21.7   237A.34. 
 21.8      Subd. 7.  [HARD-OF-HEARING.] "Hard-of-hearing" means a 
 21.9   hearing impairment resulting in a functional loss, but not to 
 21.10  the extent that the individual must depend primarily upon visual 
 21.11  communication. 
 21.12     Subd. 8.  [INTEREXCHANGE SERVICE.] "Interexchange service" 
 21.13  means telecommunications service between points in two or more 
 21.14  exchanges. 
 21.15     Subd. 9.  [INTER-LATA INTEREXCHANGE SERVICE.] "Inter-LATA 
 21.16  interexchange service" means interexchange service originating 
 21.17  and terminating in different LATAs. 
 21.18     Subd. 10.  [LOCAL ACCESS AND TRANSPORT AREA.] "Local access 
 21.19  and transport area (LATA)" means a geographical area designated 
 21.20  by the Modification of Final Judgment in U.S. v. Western 
 21.21  Electric Co., Inc., 552 F. Supp. 131 (D.D.C. 1982), including 
 21.22  modifications in effect on the effective date of sections 
 21.23  237A.31 to 237A.34. 
 21.24     Subd. 11.  [LOCAL EXCHANGE SERVICE.] "Local exchange 
 21.25  service" means telecommunications service between points within 
 21.26  an exchange. 
 21.27     Subd. 12.  [TELECOMMUNICATION RELAY SERVICE.] 
 21.28  "Telecommunication relay service" means a central statewide 
 21.29  service through which a communication-impaired person, using a 
 21.30  communication device, may send and receive messages to and from 
 21.31  a non-communication-impaired person whose telephone is not 
 21.32  equipped with a communication device and through which a 
 21.33  non-communication-impaired person may, by using voice 
 21.34  communication, send and receive messages to and from a 
 21.35  communication-impaired person.  
 21.36     Sec. 6.  [237A.33] [BOARD.] 
 22.1      Subdivision 1.  [CREATION.] The department of public 
 22.2   service shall administer through interagency agreement with the 
 22.3   department of human services a program to distribute 
 22.4   communication devices to eligible communication-impaired persons 
 22.5   and contract with a local consumer group that serves 
 22.6   communication-impaired persons to create and maintain a 
 22.7   telecommunication relay service.  For purposes of sections 
 22.8   237A.33 to 237A.38, the department of public service and any 
 22.9   organization with which it contracts pursuant to this section or 
 22.10  section 237A.36, subdivision 2, are not telecommunications 
 22.11  services providers or long-distance telephone companies. 
 22.12     Subd. 2.  [DEPARTMENT OF PUBLIC SERVICE DUTIES; RULES.] In 
 22.13  addition to duties specified elsewhere in sections 237A.33 to 
 22.14  237A.38, the department of public service shall: 
 22.15     (1) prepare the reports required by section 237A.37; 
 22.16     (2) administer the fund created in section 237A.34; and 
 22.17     (3) adopt rules under chapter 14 to implement the 
 22.18  provisions of sections 237A.33 to 237A.38. 
 22.19     Subd. 3.  [DEPARTMENT OF HUMAN SERVICES DUTIES.] (a) In 
 22.20  addition to any duties specified elsewhere in sections 237A.33 
 22.21  to 237A.38, the department of human services shall: 
 22.22     (1) define economic hardship, special needs, and household 
 22.23  criteria so as to determine the priority of eligible applicants 
 22.24  for initial distribution of devices and to determine 
 22.25  circumstances necessitating provision of more than one 
 22.26  communication device per household; 
 22.27     (2) establish a method to verify eligibility requirements; 
 22.28     (3) establish specifications for communication devices to 
 22.29  be purchased under section 237A.35, subdivision 3; 
 22.30     (4) inform the public and specifically the community of 
 22.31  communication-impaired persons of the program; and 
 22.32     (5) notwithstanding any provision of chapters 16B and 16C, 
 22.33  develop guidelines for purchasing some communication devices 
 22.34  from local retailers and dispensers if the department determines 
 22.35  that otherwise they will be economically harmed by 
 22.36  implementation of sections 237A.33 to 237A.38. 
 23.1      (b) The department may establish an advisory board to 
 23.2   advise the department in carrying out the duties specified in 
 23.3   this section and to advise the department of public service in 
 23.4   carrying out its duties under section 237A.36.  If so 
 23.5   established, the advisory board must include, at a minimum, the 
 23.6   following communication-impaired persons: 
 23.7      (1) at least one member who is deaf; 
 23.8      (2) at least one member who is speech impaired; 
 23.9      (3) at least one member who is mobility impaired; and 
 23.10     (4) at least one member who is hard-of-hearing. 
 23.11     The membership terms, compensation, and removal of members 
 23.12  and the filling of membership vacancies are governed by section 
 23.13  15.059.  Advisory board meetings must be held at the discretion 
 23.14  of the commissioner. 
 23.15     Sec. 7.  [237A.34] [TACIP FUND; ASSESSMENT, COLLECTION, 
 23.16  APPROPRIATION.] 
 23.17     Subdivision 1.  [FUND ESTABLISHED.] A telecommunication 
 23.18  access for communication-impaired persons (TACIP) fund is 
 23.19  established as an account in the state treasury.  Earnings, such 
 23.20  as interest, dividends, and any other earnings arising from fund 
 23.21  assets, must be credited to the fund. 
 23.22     Subd. 2.  [ASSESSMENT.] The department of public service 
 23.23  shall annually recommend to the commission an adequate and 
 23.24  appropriate surcharge and budget to implement sections 237A.33 
 23.25  to 237A.38.  The public utilities commission shall review the 
 23.26  budget for reasonableness and may modify the budget to the 
 23.27  extent it is unreasonable.  The commission shall annually 
 23.28  determine the funding mechanism to be used within 60 days of 
 23.29  receipt of the recommendation of the department and shall order 
 23.30  the imposition of surcharges effective on the earliest 
 23.31  practicable date.  The commission shall establish a monthly 
 23.32  charge no greater than 20 cents for each customer access line, 
 23.33  including trunk equivalents as designated by the commission 
 23.34  pursuant to section 403.11, subdivision 1. 
 23.35     Subd. 3.  [COLLECTION.] Every telecommunications services 
 23.36  provider that provides service capable of originating a 
 24.1   telecommunications relay call in this state, including cellular 
 24.2   communications and other nonwire access services, shall collect 
 24.3   the charges established by the commission under subdivision 2 
 24.4   and transfer amounts collected to the commissioner of 
 24.5   administration in the same manner as provided in section 403.11, 
 24.6   subdivision 1, paragraph (c).  The commissioner of 
 24.7   administration shall deposit the receipts in the fund 
 24.8   established in subdivision 1. 
 24.9      Subd. 4.  [APPROPRIATION.] Money in the fund is 
 24.10  appropriated to the department of public service to implement 
 24.11  sections 237A.33 to 237A.38. 
 24.12     Subd. 5.  [EXPENDITURES.] (a) Money in the fund may only be 
 24.13  used for: 
 24.14     (1) expenses of the department of public service, including 
 24.15  personnel cost, public relations, advisory board members' 
 24.16  expenses, preparation of reports, and other reasonable expenses 
 24.17  not to exceed ten percent of total program expenditures; 
 24.18     (2) reimbursing the commissioner of human services for 
 24.19  purchases made or services provided pursuant to section 237A.35; 
 24.20     (3) reimbursing telecommunications services providers for 
 24.21  purchases made or services provided under section 237A.35, 
 24.22  subdivision 5; and 
 24.23     (4) contracting for establishment and operation of the 
 24.24  telecommunication relay service required by section 237A.36. 
 24.25     (b) All costs directly associated with the establishment of 
 24.26  the program, the purchase and distribution of communication 
 24.27  devices, and the establishment and operation of the 
 24.28  telecommunication relay service are either reimbursable or 
 24.29  directly payable from the fund after authorization by the 
 24.30  department of public service.  The department of public service 
 24.31  shall contract with the message relay service operator to 
 24.32  indemnify the local exchange carriers of the relay service for 
 24.33  any fines imposed by the Federal Communications Commission 
 24.34  related to the failure of the relay service to comply with 
 24.35  federal service standards.  Notwithstanding section 16A.41, the 
 24.36  department of public service may advance money to the contractor 
 25.1   of the telecommunication relay service if the contractor 
 25.2   establishes to the department's satisfaction that the advance 
 25.3   payment is necessary for the operation of the service.  The 
 25.4   advance payment may be used only for working capital reserve for 
 25.5   the operation of the service.  The advance payment must be 
 25.6   offset or repaid by the end of the contract fiscal year together 
 25.7   with interest accrued from the date of payment.  
 25.8      Sec. 8.  [237A.35] [COMMUNICATION DEVICE.] 
 25.9      Subdivision 1.  [APPLICATION.] A person applying for a 
 25.10  communication device under this section must apply to the 
 25.11  program administrator on a form prescribed by the department of 
 25.12  human services.  
 25.13     Subd. 2.  [ELIGIBILITY.] To be eligible to obtain a 
 25.14  communication device under this section, a person must be: 
 25.15     (1) able to benefit from and use the equipment for its 
 25.16  intended purpose; 
 25.17     (2) communication impaired; 
 25.18     (3) a resident of the state; 
 25.19     (4) a resident in a household that has a median income at 
 25.20  or below the applicable median household income in the state, 
 25.21  except a deaf and blind person applying for a telebraille unit 
 25.22  may reside in a household that has a median income no more than 
 25.23  150 percent of the applicable median household income in the 
 25.24  state; and 
 25.25     (5) a resident in a household that has telecommunications 
 25.26  service or that has applied for service and has been assigned a 
 25.27  telephone number; or a resident in a residential care facility, 
 25.28  such as a nursing home or group home where telecommunications 
 25.29  service is not included as part of overall service provision. 
 25.30     Subd. 3.  [DISTRIBUTION.] The commissioner of human 
 25.31  services shall purchase and distribute a sufficient number of 
 25.32  communication devices so that each eligible household receives 
 25.33  an appropriate device.  The commissioner of human services shall 
 25.34  distribute the devices to eligible households in each service 
 25.35  area free of charge as determined under section 237A.33. 
 25.36     Subd. 4.  [TRAINING; MAINTENANCE.] The commissioner of 
 26.1   human services shall maintain the communication devices until 
 26.2   the warranty period expires, and provide training, without 
 26.3   charge, to first-time users of the devices. 
 26.4      Subd. 5.  [WIRING INSTALLATION.] If a 
 26.5   communication-impaired person is not served by 
 26.6   telecommunications service and is subject to economic hardship 
 26.7   as determined by the department of human services, the 
 26.8   telecommunications services provider providing local service 
 26.9   shall, at the direction of the administrator of the program, 
 26.10  install necessary outside wiring without charge to the household.
 26.11     Subd. 6.  [OWNERSHIP.] Communication devices purchased 
 26.12  pursuant to subdivision 3 become the property of the state of 
 26.13  Minnesota. 
 26.14     Subd. 7.  [STANDARDS.] The communication devices 
 26.15  distributed under this section must comply with the electronic 
 26.16  industries association standards and approved by the Federal 
 26.17  Communications Commission.  The commissioner of human services 
 26.18  must provide each eligible person a choice of several models of 
 26.19  devices, the retail value of which may not exceed $600 for a 
 26.20  communication device for the deaf, and a retail value of $7,000 
 26.21  for a telebraille device, or an amount authorized by the 
 26.22  department of human services for a telephone device for the deaf 
 26.23  with auxiliary equipment. 
 26.24     Sec. 9.  [237A.36] [TELECOMMUNICATION RELAY SERVICE.] 
 26.25     Subdivision 1.  [OPERATION.] The department of public 
 26.26  service shall contract with a local consumer organization that 
 26.27  serves communication-impaired persons for operation and 
 26.28  maintenance of the telecommunication relay system.  The 
 26.29  department may contract with other than a local consumer 
 26.30  organization if (1) no local consumer organization is available 
 26.31  to enter into or perform a reasonable contract, or (2) the only 
 26.32  available consumer organization fails to comply with terms of a 
 26.33  contract.  The operator of the system shall keep all messages 
 26.34  confidential, shall train personnel in the unique needs of 
 26.35  communication-impaired people, and shall inform 
 26.36  communication-impaired persons and the public of the 
 27.1   availability and use of the system.  The operator shall not 
 27.2   relay a message unless it originates or terminates through a 
 27.3   communication device for the deaf or a Brailling device for use 
 27.4   with a telephone. 
 27.5      Sec. 10.  [237A.37] [ANNUAL REPORT ON COMMUNICATION 
 27.6   ACCESS.] 
 27.7      The department of public service shall prepare a report for 
 27.8   presentation to the commission by January 31 of each year.  Each 
 27.9   report must review the accessibility of the telecommunications 
 27.10  system to communication-impaired persons, review the ability of 
 27.11  non-communication-impaired persons to communicate with 
 27.12  communication-impaired persons via the telecommunications 
 27.13  system, describe services provided, account for money received 
 27.14  and disbursed annually for each aspect of the program to date, 
 27.15  and include predicted future operation. 
 27.16     Sec. 11.  [237A.38] [ADEQUATE SERVICE ENFORCEMENT.] 
 27.17     The services required to be provided under sections 237A.33 
 27.18  to 237A.38 may be enforced under section 237A.18 upon a 
 27.19  complaint of at least two communication-impaired persons within 
 27.20  the service area of any one telecommunications services 
 27.21  provider.  However, if only one person within the service area 
 27.22  of a company is receiving service under sections 237A.33 to 
 27.23  237A.38 the commission may proceed upon a complaint from that 
 27.24  person. 
 27.25     Sec. 12.  [237A.39] [TELEPHONE ASSISTANCE PLAN; 
 27.26  DEFINITIONS.] 
 27.27     Subdivision 1.  [SCOPE.] The terms used in sections 237A.39 
 27.28  to 237A.43 have the meanings given them in this section. 
 27.29     Subd. 2.  [COMMISSION.] "Commission" means the Minnesota 
 27.30  public utilities commission. 
 27.31     Subd. 3.  [DEPARTMENT.] "Department" means the Minnesota 
 27.32  department of public service. 
 27.33     Subd. 4.  [TELECOMMUNICATIONS SERVICES 
 27.34  PROVIDER.] "Telecommunications services provider" has the 
 27.35  meanings given it in section 237A.01, that provides local 
 27.36  exchange telephone service. 
 28.1      Subd. 5.  [ACCESS LINE.] "Access line" means company-owned 
 28.2   facilities of a telecommunications services provider that are 
 28.3   furnished to permit switched access to the telecommunications 
 28.4   network and that extend from a central office to the demarcation 
 28.5   point on the property where the subscriber is served.  The term 
 28.6   includes access lines provided to residential and business 
 28.7   subscribers and centrex access lines on a trunk-equivalent 
 28.8   basis, but does not include private nonswitched or wide-area 
 28.9   telephone service access lines. 
 28.10     Subd. 6.  [FEDERAL MATCHING PLAN.] "Federal matching plan" 
 28.11  means any telephone assistance plan formulated by the Federal 
 28.12  Communications Commission that provides federal assistance to 
 28.13  local telephone subscribers. 
 28.14     Subd. 7.  [TELEPHONE ASSISTANCE PLAN.] "Telephone 
 28.15  assistance plan" (TAP) means the plan to be adopted by the 
 28.16  commission and to be jointly administered by the commission, the 
 28.17  department of human services, and the telephone companies, as 
 28.18  required by sections 237A.39 to 237A.43. 
 28.19     Subd. 8.  [INCOME.] For purposes of sections 237A.39 to 
 28.20  237A.43, income has the meaning given it in section 290A.03, 
 28.21  subdivision 3. 
 28.22     Subd. 9.  [DISABLED.] "Disabled" has the meaning given it 
 28.23  in section 363.01, subdivision 13.  
 28.24     Subd. 10.  [FUND.] "Fund" means the telephone assistance 
 28.25  fund established in section 237A.41. 
 28.26     Sec. 13.  [237A.40] [DEVELOPMENT OF TELEPHONE ASSISTANCE 
 28.27  PLAN.] 
 28.28     Subdivision 1.  [COMMISSION RESPONSIBILITY.] The commission 
 28.29  shall develop a telephone assistance plan under this section.  
 28.30     Subd. 2.  [SCOPE.] The telephone assistance plan must be 
 28.31  statewide and apply to telecommunications services providers 
 28.32  that provide local exchange service in Minnesota.  
 28.33     Subd. 3.  [FEDERAL MATCHING PLAN.] The telephone assistance 
 28.34  plan must contain adequate provisions to enable 
 28.35  telecommunications services providers to qualify for waiver of 
 28.36  the federal interstate access charge and to enable eligible 
 29.1   subscribers to take advantage of the federal matching plan.  
 29.2      Subd. 4.  [HOUSEHOLD ELIGIBLE FOR CREDIT.] The telephone 
 29.3   assistance plan must provide telephone assistance credit for a 
 29.4   residential household in Minnesota that meets each of the 
 29.5   following criteria: 
 29.6      (1) has a household member who: 
 29.7      (i) subscribes to local exchange service; and 
 29.8      (ii) is either disabled or 65 years of age or older; 
 29.9      (2) whose household income is 150 percent or less of 
 29.10  federal poverty guidelines or is currently eligible for: 
 29.11     (i) aid to families with dependent children or Minnesota 
 29.12  family investment program-statewide; 
 29.13     (ii) medical assistance; 
 29.14     (iii) general assistance; 
 29.15     (iv) Minnesota supplemental aid; 
 29.16     (v) food stamps; 
 29.17     (vi) refugee cash assistance or refugee medical assistance; 
 29.18     (vii) energy assistance; or 
 29.19     (viii) supplemental security income; and 
 29.20     (3) who has been certified as eligible for telephone 
 29.21  assistance plan credits. 
 29.22     Subd. 5.  [NATURE AND EXTENT OF CREDITS.] The telephone 
 29.23  assistance plan may provide for telephone assistance credits to 
 29.24  eligible households up to the amounts available under the 
 29.25  federal matching plan.  However, the credits available under the 
 29.26  telephone assistance plan may not exceed: 
 29.27     (1) more than 50 percent of the local exchange rate charged 
 29.28  for the local exchange service provided to the household by that 
 29.29  household's telecommunications services provider; and 
 29.30     (2) the level of credits that can actually be funded in 
 29.31  accordance with the limitations contained in subdivision 6. 
 29.32     Subd. 6.  [FUNDING.] The commission shall provide for the 
 29.33  funding of the telephone assistance plan by assessing a uniform 
 29.34  recurring monthly surcharge, not to exceed ten cents per access 
 29.35  line, applicable to all classes and grades of access lines 
 29.36  provided by each telecommunications services provider in the 
 30.1   state.  
 30.2      Subd. 7.  [ADMINISTRATION GENERALLY.] The telephone 
 30.3   assistance plan must be administered jointly by the commission, 
 30.4   the department of human services, and the telecommunications 
 30.5   services provider in accordance with the guidelines set forth in 
 30.6   subdivisions 8 to 21. 
 30.7      Subd. 8.  [APPLICATION FORM REQUIREMENTS.] The commission 
 30.8   and the department of human services shall develop an 
 30.9   application form that must be completed by the subscriber for 
 30.10  the purpose of certifying eligibility for telephone assistance 
 30.11  plan credits to the department of human services.  The 
 30.12  application must contain the applicant's social security 
 30.13  number.  Applicants who refuse to provide a social security 
 30.14  number will be denied telephone assistance plan credits.  The 
 30.15  application form must include provisions for the applicant to 
 30.16  show the name of the applicant's telecommunications services 
 30.17  provider.  The application must also advise the applicant to 
 30.18  submit the required proof of age or disability, and income, and 
 30.19  must provide examples of acceptable proof.  The application must 
 30.20  state that failure to submit proof with the application will 
 30.21  result in the applicant being found ineligible.  
 30.22     Subd. 9.  [NOTICE TO SUBSCRIBER.] Each telecommunications 
 30.23  services provider shall annually mail a notice of the 
 30.24  availability of the telephone assistance plan to each 
 30.25  residential subscriber in a regular billing and shall mail the 
 30.26  application form to customers when requested.  The notice must 
 30.27  state the following: 
 30.28     YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE 
 30.29  BILL IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED AND IF 
 30.30  YOU MEET CERTAIN HOUSEHOLD INCOME LIMITS.  FOR MORE INFORMATION 
 30.31  OR AN APPLICATION FORM PLEASE CONTACT ......... 
 30.32     Subd. 10.  [ANNUAL ELIGIBILITY DETERMINATION.] The 
 30.33  department of human services shall determine the eligibility for 
 30.34  telephone assistance plan credits at least annually according to 
 30.35  the criteria contained in subdivision 4.  
 30.36     Subd. 11.  [SUBMITTING APPLICATION.] An application may be 
 31.1   made by the subscriber, the subscriber's spouse, or a person 
 31.2   authorized by the subscriber to act on the subscriber's behalf.  
 31.3   On completing the application certifying that the statutory 
 31.4   criteria for eligibility are satisfied, the applicant must 
 31.5   return the application to an office of the department of human 
 31.6   services specially designated to process telephone assistance 
 31.7   plan applications. 
 31.8      Subd. 12.  [INELIGIBILITY DETERMINATION; DEADLINE, 
 31.9   PROCEDURE.] On receiving a completed application from an 
 31.10  applicant, the department of human services shall determine the 
 31.11  applicant's eligibility or ineligibility within 120 days.  If 
 31.12  the department fails to do so, it shall within three working 
 31.13  days provide written notice to the applicant's 
 31.14  telecommunications services provider that the provider shall 
 31.15  provide telephone assistance plan credits against monthly 
 31.16  charges in the earliest possible month following receipt of the 
 31.17  written notice.  The applicant must receive telephone assistance 
 31.18  plan credits until the earliest possible month following the 
 31.19  provider's receipt of notice from the department that the 
 31.20  applicant is ineligible. 
 31.21     If the department of human services determines that an 
 31.22  applicant is not eligible to receive telephone assistance plan 
 31.23  credits, it shall notify the applicant within ten working days 
 31.24  of that determination. 
 31.25     Subd. 13.  [NOTICE OF ELIGIBILITY; TAP CREDITS 
 31.26  IMPLEMENTED.] (a) Within ten working days of determining that an 
 31.27  applicant is eligible to receive telephone assistance plan 
 31.28  credits, the department of human services shall provide written 
 31.29  notification to the telecommunications services provider that 
 31.30  serves the applicant.  The notice must include the applicant's 
 31.31  name, address, and telephone number. 
 31.32     (b) Each provider shall provide telephone assistance plan 
 31.33  credits against monthly charges in the earliest possible month 
 31.34  following receipt of notice from the department of human 
 31.35  services. 
 31.36     Subd. 14.  [ONGOING ELIGIBILITY REQUIREMENTS.] By December 
 32.1   31 of each year, the department of human services shall 
 32.2   redetermine eligibility of each person receiving telephone 
 32.3   assistance plan credits, as required in subdivision 10.  The 
 32.4   department of human services shall submit an annual report to 
 32.5   the commission by January 15 of each year showing that the 
 32.6   department has determined the eligibility for telephone 
 32.7   assistance plan credits of each person receiving the credits or 
 32.8   explaining why the determination has not been made and showing 
 32.9   how and when the determination will be completed.  
 32.10     Subd. 15.  [NOTICE OF NONRENEWAL.] If the department of 
 32.11  human services determines that a current recipient of telephone 
 32.12  assistance plan credits is not eligible to receive the credits, 
 32.13  it shall notify, in writing, the recipient within ten working 
 32.14  days and the telecommunications services provider serving the 
 32.15  recipient within 20 working days of the determination.  The 
 32.16  notice must include the recipient's name, address, and telephone 
 32.17  number. 
 32.18     Subd. 16.  [TAP CREDITS DISCONTINUED.] Each 
 32.19  telecommunications services provider shall remove telephone 
 32.20  assistance plan credits against monthly charges in the earliest 
 32.21  possible month following receipt of notice from the department 
 32.22  of human services. 
 32.23     Subd. 17.  [NOTICE OF DISCONNECTION.] Each 
 32.24  telecommunications services provider that disconnects a 
 32.25  subscriber receiving the telephone assistance plan credit shall 
 32.26  report the disconnection to the department of human services.  
 32.27  The reports must be submitted monthly, identifying the 
 32.28  subscribers disconnected.  Telecommunications services providers 
 32.29  that do not disconnect a subscriber receiving the telephone 
 32.30  assistance plan credit are not required to report.  
 32.31     Subd. 18.  [TAP CREDIT APPROVAL NOTIFICATION.] If the 
 32.32  telephone assistance plan credit is not itemized on the 
 32.33  subscriber's monthly charges bill for local telephone service, 
 32.34  the telecommunications services provider must notify the 
 32.35  subscriber of the approval for the telephone assistance plan 
 32.36  credit. 
 33.1      Subd. 19.  [COMMISSION COORDINATION, ADMINISTRATION, 
 33.2   DUTIES.] The commission shall serve as the coordinator of the 
 33.3   telephone assistance plan and be reimbursed for its 
 33.4   administrative expenses from the surcharge revenue pool.  As the 
 33.5   coordinator, the commission shall: 
 33.6      (1) establish a uniform statewide surcharge in accordance 
 33.7   with subdivision 6; 
 33.8      (2) establish a uniform statewide level of telephone 
 33.9   assistance plan credit that each telecommunications services 
 33.10  provider shall extend to each eligible household in its service 
 33.11  area; 
 33.12     (3) require each telecommunications services provider to 
 33.13  account to the commission on a periodic basis for surcharge 
 33.14  revenues collected by the provider expenses incurred by the 
 33.15  provider, not to include expenses of collecting surcharges and 
 33.16  credits extended by the provider under the telephone assistance 
 33.17  plan; 
 33.18     (4) require each telecommunications services provider to 
 33.19  remit surcharge revenues to the department of administration for 
 33.20  deposit in the fund; and 
 33.21     (5) remit to each telecommunications services provider from 
 33.22  the surcharge revenue pool the amount necessary to compensate 
 33.23  the provider for expenses, not including expenses of collecting 
 33.24  the surcharges, and telephone assistance plan credits.  When it 
 33.25  appears that the revenue generated by the maximum surcharge 
 33.26  permitted under subdivision 6 will be inadequate to fund any 
 33.27  particular established level of telephone assistance plan 
 33.28  credits, the commission shall reduce the credits to a level that 
 33.29  can be adequately funded by the maximum surcharge.  Similarly, 
 33.30  the commission may increase the level of the telephone 
 33.31  assistance plan credit that is available or reduce the surcharge 
 33.32  to a level and for a period of time that will prevent an 
 33.33  unreasonable overcollection of surcharge revenues. 
 33.34     Subd. 20.  [RECORDKEEPING AND REPORTING.] Each 
 33.35  telecommunications services provider shall maintain adequate 
 33.36  records of surcharge revenues, expenses, and credits related to 
 34.1   the telephone assistance plan and shall, as part of its annual 
 34.2   report or separately, provide the commission and the department 
 34.3   of public service with a financial report of its experience 
 34.4   under the telephone assistance plan for the previous year.  That 
 34.5   report must also be adequate to satisfy the reporting 
 34.6   requirements of the federal matching plan.  
 34.7      Subd. 21.  [COMPLAINT INVESTIGATION.] The department of 
 34.8   public service shall investigate complaints against 
 34.9   telecommunications services providers with regard to the 
 34.10  telephone assistance plan and shall report the results of its 
 34.11  investigation to the commission.  
 34.12     Sec. 14.  [237A.41] [TELEPHONE ASSISTANCE FUND; 
 34.13  APPROPRIATION.] 
 34.14     Subdivision 1.  [FUND CREATED; AUTHORIZED EXPENDITURES.] 
 34.15  The telephone assistance fund is created as a separate account 
 34.16  in the state treasury to consist of amounts received by the 
 34.17  department of administration representing the surcharge 
 34.18  authorized by section 237A.40, subdivision 6, and amounts earned 
 34.19  on the fund assets.  Money in the fund may be used only for: 
 34.20     (1) reimbursement to telephone companies for expenses and 
 34.21  credits allowed in section 237A.40, subdivision 19, clause (5); 
 34.22     (2) reimbursement of the administrative expenses of the 
 34.23  department of human services to implement sections 237A.39 to 
 34.24  237A.42, not to exceed $314,000 annually; 
 34.25     (3) reimbursement of the administrative expenses of the 
 34.26  commission not to exceed $25,000 annually; and 
 34.27     (4) reimbursement of the statewide indirect cost of the 
 34.28  commission. 
 34.29     Subd. 2.  [APPROPRIATION.] Money in the fund is 
 34.30  appropriated to the commission to be disbursed pursuant to 
 34.31  section 237A.40. 
 34.32     Sec. 15.  [237A.42] [TAP RULES.] 
 34.33     The commission shall adopt rules under the Administrative 
 34.34  Procedure Act necessary or appropriate to establish the 
 34.35  telephone assistance plan in accordance with this chapter. 
 34.36     Sec. 16.  [237A.43] [TAP IMPLEMENTATION RULES.] 
 35.1      The commission may adopt rules to implement Laws 1988, 
 35.2   chapter 621, sections 1 to 16. 
 35.3                              ARTICLE 5
 35.4                             RIGHT-OF-WAY
 35.5      Section 1.  [237A.44] [PUBLIC RIGHT-OF-WAY; DEFINITIONS.] 
 35.6      Subdivision 1.  [GENERALLY.] The terms used in sections 
 35.7   237A.44 and 237A.45 have the meanings given them in this section.
 35.8      Subd. 2.  [LOCAL GOVERNMENT UNIT.] "Local government unit" 
 35.9   means a county, home rule charter or statutory city, or town. 
 35.10     Subd. 3.  [PUBLIC RIGHT-OF-WAY.] "Public right-of-way" 
 35.11  means the area on, below, or above a public roadway, highway, 
 35.12  street, cartway, bicycle lane, and public sidewalk in which the 
 35.13  local government unit has an interest, including other dedicated 
 35.14  rights-of-way for travel purposes and utility easements of local 
 35.15  government units. 
 35.16     A public right-of-way does not include the airwaves above a 
 35.17  public right-of-way with regard to cellular or other nonwire 
 35.18  telecommunications or broadcast service. 
 35.19     Subd. 4.  [TELECOMMUNICATIONS RIGHT-OF-WAY USER.] 
 35.20  "Telecommunications right-of-way user" means a person owning or 
 35.21  controlling a facility in the public right-of-way, or seeking to 
 35.22  own or control a facility in the public right-of-way, that is 
 35.23  used or is intended to be used for transporting 
 35.24  telecommunications or other voice or data information. 
 35.25  Telecommunications activities related to providing natural gas 
 35.26  or electric energy services whether provided by a public utility 
 35.27  as defined in section 216B.02, a municipality, a municipal gas 
 35.28  or power agency organized under chapter 453 or 453A, or a 
 35.29  cooperative electric association organized under chapter 308A, 
 35.30  are not telecommunications right-of-way users for the purposes 
 35.31  of this section and section 237A.45. 
 35.32     Subd. 5.  [EXCAVATE.] "Excavate" means to dig into or in 
 35.33  any way remove, physically disturb, or penetrate a part of a 
 35.34  public right-of-way. 
 35.35     Subd. 6.  [OBSTRUCT.] "Obstruct" means to place a tangible 
 35.36  object in a public right-of-way so as to hinder free and open 
 36.1   passage over that or any part of the right-of-way. 
 36.2      Subd. 7.  [RIGHT-OF-WAY PERMIT.] "Right-of-way permit" 
 36.3   means a permit to perform work in a public right-of-way, whether 
 36.4   to excavate or obstruct the right-of-way. 
 36.5      Subd. 8.  [MANAGE THE PUBLIC RIGHT-OF-WAY.] "Manage the 
 36.6   public right-of-way" means the authority of a local government 
 36.7   unit to do any or all of the following: 
 36.8      (1) require registration; 
 36.9      (2) require construction performance bonds and insurance 
 36.10  coverage; 
 36.11     (3) establish installation and construction standards; 
 36.12     (4) establish and define location and relocation 
 36.13  requirements for equipment and facilities; 
 36.14     (5) establish coordination and timing requirements; 
 36.15     (6) require telecommunications right-of-way users to 
 36.16  submit, for right-of-way projects commenced after May 10, 1997, 
 36.17  whether initiated by a local government unit or any 
 36.18  telecommunications right-of-way user, project data reasonably 
 36.19  necessary to allow the local government unit to develop a 
 36.20  right-of-way mapping system, such as a geographical information 
 36.21  mapping system; 
 36.22     (7) require telecommunication right-of-way users to submit, 
 36.23  upon request of a local government unit, existing data on the 
 36.24  location of the user's facilities occupying the public 
 36.25  right-of-way within the local government unit, which may be 
 36.26  submitted in the form maintained by the user and in a reasonable 
 36.27  time after receipt of the request based on the amount of data 
 36.28  requested; 
 36.29     (8) establish right-of-way permitting requirements for 
 36.30  street excavation and obstruction; 
 36.31     (9) establish removal requirements for abandoned equipment 
 36.32  or facilities, if required in conjunction with other 
 36.33  right-of-way repair, excavation, or construction; and 
 36.34     (10) impose reasonable penalties for unreasonable delays in 
 36.35  construction. 
 36.36     Subd. 9.  [MANAGEMENT COSTS OR RIGHTS-OF-WAY MANAGEMENT 
 37.1   COSTS.] "Management costs" or "rights-of-way management costs" 
 37.2   means the actual costs a local government unit incurs in 
 37.3   managing its public rights-of-way, and includes such costs, if 
 37.4   incurred, as those associated with registering applicants; 
 37.5   issuing, processing, and verifying right-of-way permit 
 37.6   applications; inspecting job sites and restoration projects; 
 37.7   maintaining, supporting, protecting, or moving user equipment 
 37.8   during public right-of-way work; determining the adequacy of 
 37.9   right-of-way restoration; restoring work inadequately performed 
 37.10  after providing notice and the opportunity to correct the work; 
 37.11  and revoking right-of-way permits.  Management costs do not 
 37.12  include payment by a telecommunications right-of-way user for 
 37.13  the use of the public right-of-way, the fees and cost of 
 37.14  litigation relating to the interpretation of this section or 
 37.15  section 237A.45 or any ordinance enacted under those sections, 
 37.16  or the local unit of government's fees and costs related to 
 37.17  appeals taken pursuant to section 237A.45, subdivision 5. 
 37.18     Sec. 2.  [237A.45] [USE AND REGULATION OF PUBLIC 
 37.19  RIGHT-OF-WAY.] 
 37.20     Subdivision 1.  [LEGISLATIVE FINDING.] The legislature 
 37.21  finds, and establishes the principle that, it is in the state's 
 37.22  interest that the use and regulation of public rights-of-way be 
 37.23  carried on in a fair, efficient, competitively neutral, and 
 37.24  substantially uniform manner, while recognizing such regulation 
 37.25  must reflect the distinct engineering, construction, operation, 
 37.26  maintenance and public and worker safety requirements, and 
 37.27  standards applicable to various users of public rights-of-way.  
 37.28  Because of the potential for installation by telecommunications 
 37.29  services providers of multiple and competing facilities within 
 37.30  the public rights-of-way, the legislature finds it is necessary 
 37.31  to enact the provisions of this section and section 237A.46 to 
 37.32  specifically authorize local government units to regulate the 
 37.33  use of public rights-of-way by telecommunications right-of-way 
 37.34  users.  
 37.35     Subd. 2.  [GENERALLY.] (a) Subject to this section, a 
 37.36  telecommunications right-of-way user authorized to do business 
 38.1   under the laws of this state or by license of the Federal 
 38.2   Communications Commission may construct, maintain, and operate 
 38.3   conduit, cable, switches, and related appurtenances and 
 38.4   facilities along, across, upon, above, and under any public 
 38.5   right-of-way. 
 38.6      (b) Subject to this section, a local government unit has 
 38.7   the authority to manage its public rights-of-way and to recover 
 38.8   its rights-of-way management costs.  The authority defined in 
 38.9   this section may be exercised at the option of the local 
 38.10  government unit.  The exercise of this authority is not mandated 
 38.11  under this section.  A local government unit may, by ordinance: 
 38.12     (1) require a telecommunications right-of-way user seeking 
 38.13  to excavate or obstruct a public right-of-way for the purpose of 
 38.14  providing telecommunications services to obtain a right-of-way 
 38.15  permit to do so and to impose permit conditions consistent with 
 38.16  the local government unit's management of the right-of-way; 
 38.17     (2) require a telecommunications right-of-way user using, 
 38.18  occupying, or seeking to use or occupy a public right-of-way for 
 38.19  the purpose of providing telecommunications services to register 
 38.20  with the local government unit by providing the local government 
 38.21  unit with the following information: 
 38.22     (i) the applicant's name, gopher state one-call 
 38.23  registration number under section 216D.03, address, and 
 38.24  telephone and facsimile numbers; 
 38.25     (ii) the name, address, and telephone and facsimile numbers 
 38.26  of the applicant's local representative; 
 38.27     (iii) proof of adequate insurance; and 
 38.28     (iv) other information deemed reasonably necessary by the 
 38.29  local government unit for the efficient administration of the 
 38.30  public right-of-way; and 
 38.31     (3) require telecommunications right-of-way users to submit 
 38.32  to the local government unit plans for construction and major 
 38.33  maintenance that provide reasonable notice to the local 
 38.34  government unit of projects that the telecommunications 
 38.35  right-of-way user expects to undertake that may require 
 38.36  excavation and obstruction of public rights-of-way. 
 39.1      (c) A local government unit may also require a 
 39.2   telecommunications right-of-way user that is registered with the 
 39.3   local government unit pursuant to paragraph (b), clause (2), to 
 39.4   periodically update the information in its registration 
 39.5   application. 
 39.6      Subd. 3.  [RESTORATION.] (a) A telecommunications 
 39.7   right-of-way user, after an excavation of a public right-of-way, 
 39.8   shall provide for restoration of the right-of-way and 
 39.9   surrounding areas, including the pavement and its foundation, in 
 39.10  the same condition that existed before the excavation.  Local 
 39.11  government units that choose to perform their own surface 
 39.12  restoration required as a result of the excavation may require 
 39.13  telecommunications right-of-way users to reimburse the 
 39.14  reasonable costs of that surface restoration.  Restoration of 
 39.15  the public right-of-way must be completed within the dates 
 39.16  specified in the right-of-way permit, unless the permittee 
 39.17  obtains a waiver or a new or amended right-of-way permit. 
 39.18     (b) If a telecommunications right-of-way user elects not to 
 39.19  restore the public right-of-way, a local government unit may 
 39.20  impose a degradation fee in lieu of restoration to recover costs 
 39.21  associated with a decrease in the useful life of the public 
 39.22  right-of-way caused by the excavation of the right-of-way by a 
 39.23  telecommunications right-of-way user.  
 39.24     (c) A telecommunications right-of-way user that disturbs 
 39.25  uncultivated sod in the excavation or obstruction of a public 
 39.26  right-of-way shall plant grasses that are native to Minnesota 
 39.27  and, wherever practicable, that are of the local eco-type, as 
 39.28  part of the restoration required under this subdivision, unless 
 39.29  the owner of the real property over which the public 
 39.30  right-of-way traverses objects.  In restoring the right-of-way, 
 39.31  the telecommunications right-of-way user shall consult with the 
 39.32  department of natural resources regarding the species of native 
 39.33  grasses that conform to the requirements of this paragraph. 
 39.34     Subd. 4.  [PERMIT DENIAL OR REVOCATION.] (a) A local 
 39.35  government unit may deny any application for a right-of-way 
 39.36  permit if the telecommunications right-of-way user does not 
 40.1   comply with a provision of this section.  
 40.2      (b) A local government unit may deny an application for a 
 40.3   right-of-way permit if the local government unit determines that 
 40.4   the denial is necessary to protect the health, safety, and 
 40.5   welfare or when necessary to protect the public right-of-way and 
 40.6   its current use. 
 40.7      (c) A local government unit may revoke a right-of-way 
 40.8   permit granted to a telecommunications right-of-way user, with 
 40.9   or without fee refund, in the event of a substantial breach of 
 40.10  the terms and conditions of statute, ordinance, rule, or 
 40.11  regulation or any material condition of the permit.  A 
 40.12  substantial breach by a permittee includes, but is not limited 
 40.13  to, the following: 
 40.14     (1) a material violation of a provision of the right-of-way 
 40.15  permit; 
 40.16     (2) an evasion or attempt to evade any material provision 
 40.17  of the right-of-way permit, or the perpetration or attempt to 
 40.18  perpetrate any fraud or deceit upon the local government unit or 
 40.19  its citizens; 
 40.20     (3) a material misrepresentation of fact in the 
 40.21  right-of-way permit application; 
 40.22     (4) a failure to complete work in a timely manner, unless a 
 40.23  permit extension is obtained or unless the failure to complete 
 40.24  work is due to reasons beyond the permittee's control; and 
 40.25     (5) a failure to correct, in a timely manner, work that 
 40.26  does not conform to applicable standards, conditions, or codes, 
 40.27  upon inspection and notification by the local government unit of 
 40.28  the faulty condition. 
 40.29     (d) Subject to this subdivision, a local government unit 
 40.30  may not deny an application for a right-of-way permit for 
 40.31  failure to include a project in a plan submitted to the local 
 40.32  government unit under subdivision 2, paragraph (b), clause (3), 
 40.33  when the telecommunications right-of-way user has used 
 40.34  commercially reasonable efforts to anticipate and plan for the 
 40.35  project. 
 40.36     (e) In no event may a local government unit unreasonably 
 41.1   withhold approval of an application for a right-of-way permit, 
 41.2   or unreasonably revoke a permit. 
 41.3      Subd. 5.  [APPEAL.] (a) A telecommunications right-of-way 
 41.4   user that:  (1) has been denied registration; (2) has been 
 41.5   denied a right-of-way permit; (3) has had its right-of-way 
 41.6   permit revoked; or (4) believes that the fees imposed on the 
 41.7   user by the local government unit do not conform to the 
 41.8   requirements of subdivision 6, may have the denial, revocation, 
 41.9   or fee imposition reviewed, upon written request, by the 
 41.10  governing body of the local government unit.  The governing body 
 41.11  of the local government unit shall act on a timely written 
 41.12  request at its next regularly scheduled meeting.  A decision by 
 41.13  the governing body affirming the denial, revocation, or fee 
 41.14  imposition must be in writing and supported by written findings 
 41.15  establishing the reasonableness of the decision.  
 41.16     (b) Upon affirmation by the governing body of the denial, 
 41.17  revocation, or fee imposition, the telecommunications 
 41.18  right-of-way user shall have the right to have the matter 
 41.19  resolved by binding arbitration.  Binding arbitration must be 
 41.20  before an arbitrator agreed to by both the local government unit 
 41.21  and the telecommunications right-of-way user.  If the parties 
 41.22  cannot agree on an arbitrator, the matter must be resolved by a 
 41.23  three-person arbitration panel made up of one arbitrator 
 41.24  selected by the local government unit, one arbitrator selected 
 41.25  by the telecommunications right-of-way user, and one person 
 41.26  selected by the other two arbitrators.  The costs and fees of a 
 41.27  single arbitrator must be borne equally by the local government 
 41.28  unit and the telecommunications right-of-way user. 
 41.29     In the event there is a third arbitrator, each party shall 
 41.30  bear the expense of its own arbitrator and shall jointly and 
 41.31  equally bear with the other party the expense of the third 
 41.32  arbitrator and of the arbitration. 
 41.33     Each party to the arbitration shall pay its own costs, 
 41.34  disbursements, and attorney fees. 
 41.35     Subd. 6.  [FEES.] (a) A local government unit may recover 
 41.36  its right-of-way management costs by imposing a fee for 
 42.1   registration, a fee for each right-of-way permit, or, when 
 42.2   appropriate, a fee applicable to a particular telecommunications 
 42.3   right-of-way user when that user causes the local government 
 42.4   unit to incur costs as a result of actions or inactions of that 
 42.5   user.  A local government unit may not recover from a 
 42.6   telecommunications right-of-way user costs caused by another 
 42.7   entity's activity in the right-of-way. 
 42.8      (b) Fees, or other right-of-way obligations, imposed by a 
 42.9   local government unit on telecommunications right-of-way users 
 42.10  under this section must be: 
 42.11     (1) based on the actual costs incurred by the local 
 42.12  government unit in managing the public right-of-way; 
 42.13     (2) based on an allocation among all users of the public 
 42.14  right-of-way, including the local government unit itself, which 
 42.15  shall reflect the proportionate costs imposed on the local 
 42.16  government unit by each of the various types of uses of the 
 42.17  public rights-of-way; 
 42.18     (3) imposed on a competitively neutral basis; and 
 42.19     (4) imposed in a manner so that above-ground uses of public 
 42.20  rights-of-way do not bear costs incurred by the local government 
 42.21  unit to regulate underground uses of public rights-of-way. 
 42.22     (c) The rights, duties, and obligations regarding the use 
 42.23  of the public right-of-way imposed under this section must be 
 42.24  applied to all users of the public right-of-way, including the 
 42.25  local government unit while recognizing regulation must reflect 
 42.26  the distinct engineering, construction, operation, maintenance, 
 42.27  public and worker safety requirements, and standards applicable 
 42.28  to various users of the public rights-of-way.  For users subject 
 42.29  to the franchising authority of a local government unit, to the 
 42.30  extent those rights, duties, and obligations are addressed in 
 42.31  the terms of an applicable franchise agreement, the terms of the 
 42.32  franchise prevail over any conflicting provision in an ordinance.
 42.33     Subd. 7.  [ADDITIONAL RIGHT-OF-WAY PROVISIONS.] (a) In 
 42.34  managing the public rights-of-way and in imposing fees under 
 42.35  this section, no local government unit may: 
 42.36     (1) unlawfully discriminate among telecommunications 
 43.1   right-of-way users; 
 43.2      (2) grant a preference to any telecommunications 
 43.3   right-of-way user; 
 43.4      (3) create or erect any unreasonable requirement for entry 
 43.5   to the public rights-of-way by telecommunications right-of-way 
 43.6   users; or 
 43.7      (4) require a telecommunications right-of-way user to 
 43.8   obtain a franchise or pay for the use of the right-of-way. 
 43.9      (b) A telecommunications right-of-way user need not apply 
 43.10  for or obtain right-of-way permits for facilities that are 
 43.11  located in public rights-of-way on May 10, 1997, for which the 
 43.12  user has obtained the required consent of the local government 
 43.13  unit, or that are otherwise lawfully occupying the public 
 43.14  right-of-way.  However, the telecommunications right-of-way user 
 43.15  may be required to register and to obtain a right-of-way permit 
 43.16  for an excavation or obstruction of existing facilities within 
 43.17  the public right-of-way after May 10, 1997. 
 43.18     (c) Data and documents exchanged between a local government 
 43.19  unit and a telecommunications right-of-way user are subject to 
 43.20  the terms of chapter 13.  A local government unit not complying 
 43.21  with this paragraph is subject to the penalties set forth in 
 43.22  section 13.08. 
 43.23     (d) A local government unit may not collect a fee imposed 
 43.24  under this section through the provision of in-kind services by 
 43.25  a telecommunications right-of-way user, nor may a local 
 43.26  government unit require the provision of in-kind services as a 
 43.27  condition of consent to use the local government unit's public 
 43.28  right-of-way. 
 43.29     Subd. 8.  [UNIFORM STATEWIDE STANDARDS.] (a) To ensure the 
 43.30  safe and convenient use of public rights-of-way in the state, 
 43.31  the public utilities commission shall develop and adopt by June 
 43.32  1, 1999, statewide construction standards for the purposes of 
 43.33  achieving substantial statewide uniformity in construction 
 43.34  standards where appropriate, providing competitive neutrality 
 43.35  among telecommunications right-of-way users, and permitting 
 43.36  efficient use of technology.  The standards shall govern: 
 44.1      (1) the terms and conditions of right-of-way construction, 
 44.2   excavation, maintenance, and repair; and 
 44.3      (2) the terms and conditions under which telecommunications 
 44.4   facilities and equipment are placed in the public right-of-way. 
 44.5      (b) The public utilities commission is authorized to 
 44.6   review, upon complaint by an aggrieved telecommunications 
 44.7   right-of-way user, a decision or regulation by a local 
 44.8   government unit that is alleged to violate a statewide standard. 
 44.9      (c) A local unit of government may not adopt an ordinance 
 44.10  or other regulation that conflicts with a standard adopted by 
 44.11  the commission for the purposes described in paragraph (a). 
 44.12     Sec. 3.  [237A.46] [SCOPE.] 
 44.13     To the extent they regulate telecommunications right-of-way 
 44.14  users, sections 237A.44 and 237A.45 supersede sections 222.37, 
 44.15  300.03, and 300.04, and any ordinance, regulation, or rule to 
 44.16  the contrary. 
 44.17     Sec. 4.  [237A.47] [WIRE CROSSING OR PARALLELING UTILITY 
 44.18  LINE; RULES.] 
 44.19     (a) The department shall determine and promulgate 
 44.20  reasonable rules covering the maintenance and operation, also 
 44.21  the nature, location, and character of the construction to be 
 44.22  used, where telecommunication, electric light, power, or other 
 44.23  electric wires of any kind, or any natural gas pipelines, cross 
 44.24  or more or less parallel the lines of any railroad, interurban 
 44.25  railway, or any other similar public service corporation.  To 
 44.26  this end, the department shall formulate and from time to time, 
 44.27  issue general rules covering each class of construction, 
 44.28  maintenance, and operation of electric wire or natural gas 
 44.29  pipeline crossing or paralleling the railroad, railway, or 
 44.30  similar public service corporation, under the various conditions 
 44.31  existing.  The department, upon the complaint of any person, 
 44.32  railroad, interurban railway, municipal utility, cooperative 
 44.33  electric association, or other public utility claiming to be 
 44.34  injuriously affected or subjected to hazard by crossing or 
 44.35  paralleling lines constructed or about to be constructed, shall, 
 44.36  after a hearing, make an order and prescribe terms and 
 45.1   conditions for constructing, maintaining, and operating the 
 45.2   lines in question as may be just and reasonable. 
 45.3      (b) The department may, upon request of a municipal 
 45.4   utility, electric cooperative association, or public utility, 
 45.5   determine the just and reasonable charge that a railroad, or 
 45.6   owner of an abandoned railroad right-of-way, can prescribe for a 
 45.7   new or existing crossing of a railroad right-of-way by an 
 45.8   electric or gas line, based on the diminution in value caused by 
 45.9   the crossing of the right-of-way by the electric or gas line.  
 45.10  This section does not eliminate the right of a public utility, 
 45.11  municipal utility, or electric cooperative association to have 
 45.12  any of the foregoing issues determined pursuant to an eminent 
 45.13  domain proceeding commenced under chapter 117.  Unless the 
 45.14  railroad, or owner of an abandoned railroad right-of-way, 
 45.15  asserts in writing that the proposed crossing is a serious 
 45.16  threat to the safe operations of the railroad or to the current 
 45.17  use of the railroad right-of-way, a crossing can be constructed 
 45.18  following filing of the requested action with the department, 
 45.19  pending review of the requested action by the department. 
 45.20     (c) The department shall assess the cost of reviewing the 
 45.21  requested action, and of determining a just and reasonable 
 45.22  charge, equally among the parties. 
 45.23     (d) The department shall enforce this section and, for that 
 45.24  purpose, may cause the removal or reconstruction of the 
 45.25  telephone, telegraph, electric light, power, or other electric 
 45.26  wires crossing or paralleling such other lines and not in 
 45.27  accordance with the orders and rules issued by the department.  
 45.28                             ARTICLE 6 
 45.29                       TRANSITION PROVISIONS 
 45.30     Section 1.  [TRANSITION RATE CONTROLS.] 
 45.31     Rates of telecommunications services providers regulated by 
 45.32  the public utilities commissioner as of the effective date of 
 45.33  this act may not be increased for two years from that date and 
 45.34  the rate increase for any of the next three years may not exceed 
 45.35  three percent from the previous year's rates. 
 45.36     Sec. 2.  [REPEALER.] 
 46.1      Minnesota Statutes 1998, chapters 237 and 238, are repealed.
 46.2      Sec. 3.  [EFFECTIVE DATE.] 
 46.3      Articles 1 to 6 are effective July 1, 2000.