Modifying and recodifying certain telecommunications regulation provisions ARTICLE 1 - TELECOMMUNICATIONS SERVICE GENERAL REGULATION Granting the public utilities commission and the department of commerce regulatory authority over cable, telecommunications and other multichannel video programming services; requiring the PUC to consider certain state goals in executing regulatory duties; requiring and providing for PUC issuance of certificates of authority to provide local service, specifying certain application requirements; granting counties and cities authority to provide facilities based local service, requiring certain PUC determinations; authorizing joint ventures; specifying registration requirements for the provision of local long distance service; authorizing the providing of prepaid telecommunications services under certain conditions, imposing a performance bond requirement on telecommunications providers, amount to be determined by the PUC, authorizing department amount variance or bond waiverARTICLE 2 - TELECOMMUNICATIONS SERVICE COMPETITON Providing for public utilities commission regulation of wholesale services; authorizing the PUC to require wholesale service providers to furnish certain network elements; specifying a minimum service quality requirement; requiring the PUC to adopt rules establishing requirements for wholesale telecommunications services, requiring certain minimum standards; prohibiting certain practices; specifying certain requirements for the establishment of prices for wholesale services; regulating mergers and acquisitions, specifying certain PUC consent and customer notice requirements; regulating rates for essential local telecommunications services, providing for PUC establishment of deaveraged retail rates and requiring a temporary rate freeze; providing for complaint based rate regulation after the freeze, providing for investigations by the PUC, the department of commerce or the attorney general, for rate change suspension and for final determination and resolution by the PUC or the office of administrative hearings; specifying certain interim rate requirements; specifying certain factors to be considered by the PUC in adjudicating rate complaints filed by customers, providing for the determination of total embedded costs; prohibiting price discrimination by providers, specifying certain rate, toll or charge filing requirements, authorizing PUC rules; regulating intrastate long distance service, requiring the filing of standard contract terms and conditions with the department, regulating tariff or price list changes and prohibiting discrimination and certain service limits; providing for extended area service, requiring a PUC traffic study for rate calculation purposes; exempting certain lodging and restaurant establishments providing telecommunications services to patrons on establishment premises from regulation, exceptions; regulating private shared telecommunications service, requiring a single demarcation point for services and facilities, providing for access to alternative providers; prohibiting cross subsidization; providing for the filing and resolution of predatory pricing complaints; providing for the continued effectiveness of existing alternative form of regulation (AFOR) plans; authorizing PUC waiver of certain tariff requirements under certain competitive market conditions ARTICLE 3 - CONSUMER PROTECTION Requiring the public utilities commission to adopt new retail consumer protection and service quality rules applying to telecommunications and cable service providers, specifying minimum rule requirements; requiring explanations to customers of grounds for denial of service; specifying billing procedures; requiring and providing for disclosure of local service options; requiring advance notice of rate increases; specifying certain antislamming duties of local service providers and soliciting carriers, imposing penalties for noncompliance; providing for verification of customer authorization for a change in local long distance or local service provider; specifying certain notice and disclosure requirements of long distance providers; prohibiting certain loading practices; requiring permission for installation of alarm transmission telephone devices, specifying conditions for connection and procedures for removal, prescribing a penalty for violation; requiring the PUC to adopt new or maintain existing rules governing requests for tracers by persons alleging receipt of harassing telephone calls ARTICLE 4 - COMMISSION PROCESS AND PROCEDURES Authorizing the public utilities commission to investigate cable or telecommunications service providers for statute or rule violations or service related matters; prescribing a procedure to be followed by the PUC after investigation; requiring the PUC to maintain a full and complete record of formal investigations or hearings; providing for appeal of PUC orders, order to be final and conclusive without appeal; providing for the enforcement of compliance through the district court; providing for the treatment of information subject to protective orders; providing for enforcement, specifying certain authorized actions and imposing civil penalties; granting the PUC certain administrative penalty orders issuance authority, specifying certain consideration and content requirements; providing for expedited in lieu of contested case proceedings under certain conditions and for temporary relief pending dispute resolution; authorizing attorney general enforcement, providing for cumulative and private remedies; authorizing the PUC to order separate retail and wholesale operations under certain conditions; providing for the assessment of regulatory expenses by the PUC or the department of commerce, providing for objection; requiring the assessment of administrative hearing costs; establishing the Minnesota telecommunications investigation fund for the deposit of assessments to pay for investigations; imposing a criminal penalty for service provider violations ARTICLE 5 - UNIVERSAL SERVICE Requiring and providing for reduction of local service provider access charges; requiring the public utilities commission to complete proceedings for calculation of forward looking deaveraged cost of service for local service areas of eligible telecommunication carriers by a certain date; creating the universal service fund to be administered by the department of commerce, requiring investment of the fund by the state board of investment; specifying eligible telecommunications carrier (ETC) universal support eligibility; imposing an excise tax on telecommunications, cable and multichannel video programming service providers for crediting to the fund; requiring the PUC by a certain date to establish a statewide average revenue benchmark; providing for the designation of eligible carriers for unserved areas, specifying certain density criteria and authorizing the PUC to relieve the obligations of carriers of last resort under certain conditions; requiring the department of commerce to administer through an interagency agreement with the department of human services a program to distribute communication devices to eligible communication impaired (deaf) persons and to contract with a qualified vendor to create and maintain a telecommunication relay service, specifying certain duties of the departments; creating a telecommunication access Minnesota account in the universal service fund, specifying certain authorized uses; specifying application and eligibility requirements of persons applying for communication devices to be purchased, distributed and maintained by the commissioner of human services and certain equipment standards; providing for the enforcement of adequate service to communication impaired persons; establishing the telecommunications assistance program (TAP) to provide certain eligible households with telecommunications assistance credits, providing for the nature and extent of the credits; requiring the department of human services to develop an application form and to annually determine eligibility for the program, specifying certain form content requirements, requiring an annual report to the legislature; requiring local service providers annual notice of the availability of the program to residential subscribers; providing for the submittal of applications and for determination by the department of individual eligibility or ineligibility, notice requirements; designating the commissioners of human services and commerce as program coordinators, requiring remittance to local service providers from the universal service fund the necessary program amounts; specifying certain provider recordkeeping and annual reporting requirements; providing for funding of the program through an account in the universal service fund, specifying certain authorized uses of the account; establishing an advanced services loan board and account in the fund for a program of loans to telecommunications service providers for the deployment of advanced telecommunications services, providing for loan application, terms and conditions, authorizing commerce commissioner rules; requiring the department of trade and economic development (DTED) to implement a grant program to provide catalyst grants to local government units and tribal communities for deployment of advanced services, specifying certain grant, rule and match requirements ARTICLE 6 - RIGHT-OF-WAY Authorizing telecommunications right-of-way users to construct, maintain and operate conduit, cable, switches and related facilities along across, upon, above and under public rights-of-way; granting counties, cities and towns the authority to manage public rights-of-way and to recover rights-of-way management costs, authorizing the issuance of permits; specifying restoration requirements of telecommunications right-of-way users after excavation; authorizing local government units right-of-way permit denial or revocation under certain conditions, providing for appeal; authorizing the imposition of certain fees to recover management costs; specifying certain rights and responsibilities of rights-of-way users and certain limitations on local government units; specifying certain exemptions from permit requirements; providing for the protection of certain data and documents exchanged between local units and telecommunications right-of-way users; prohibiting in- kind services; requiring the public utilities commission (PUC) to maintain uniform statewide construction standards, specifying certain standards requirements and prohibiting local conflicting standards; requiring the department of commerce to adopt rules governing the maintenance and operation of wire crossing or paralleling utility lines, enforcement requirements ARTICLE 7 - CABLEModifying, clarifying and recodifying cable and modem communications provisions; designating the state as the franchisor for cable franchises, granting local government units within a franchised area the right to intervene in matters relating to the franchise before the public utilities commission; requiring the department of commerce and local government units within the franchise area to negotiate with existing franchisees to conform franchise agreements to the requirements; granting the PUC the exclusive authority to grant nonexclusive franchises to provide cable service within franchise areas in the state; new franchises to supersede and replace previous ordinances, amendments or agreements granting franchises to cable service providers; authorizing the PUC to enforce franchises, authorizing delegation of the authority to local government units; authorizing the PUC to regulate rates, requiring a list of current subscriber rates and charges to be filed with the department of commerce and local government units; authorizing local government units to investigate allegations of noncompliance with the requirements; requiring cable service providers advance notice to the PUC, department and local government units of rate, programming service or channel position changes and provision of emergency alert override capabilities for use in emergencies; facilitating the activation of a metropolitan area interconnected regional channel to be uniformly carried on VHF channel 6 to provide a broad range of informational, educational and public service programs and materials to metropolitan area cable subscribers, requiring the metropolitan council to appoint the governing body of the regional channel entity; providing for public, educational or government (PEG) access channels; regulating franchise fees; authorizing PUC revocation of franchises for certain violations; regulating mergers and acquisitions, requiring PUC prior consent; requiring franchise renewal proceedings to be conducted according to federal law; providing for franchise amendments; specifying certain general franchise content requirements; providing for access to property and granting residents the freedom to choose among competing multichannel video programming or telecommunications service providers; specifying conditions for access, providing for property owner approval and requiring property owner compensation for access; authorizing and restricting the use of existing utility easements to install, maintain and remove equipment and facilities; requiring pole, duct and conduit agreements to require cable service providers to apply for and receive permits from public utility companies before attaching to pole or conduit systems and requiring a related public utility liability immunity provision, insurance requirement ARTICLE 8 - CONFORMING AMENDMENTSMaking conforming amendments to certain statutory provisions relating to welfare data, prompt payment of state and local government agency bills, the state information infrastructure policy, public utility easements, nonpublic schools telecommunications services access, public utilities rate filings approved without public utilities commission hearing, PUC commissioner powers and duties, proposed rate hearings, private motor carriers operating requirements, access to certain information for the location of parents, tax data disclosure to the commissioner of human services, property subject to taxation, telecommunications services purchasing cooperatives, utility delinquency charges, fraudulent telephone services, electricians licensing exemptions, 911 emergency telephone services, certain metropolitan council appointment duties and cable communications services fraud; expanding the definition of sales price for sales tax imposition purposes to certain charges imposed on telecommunications services purchases and excluding from the definition certain amounts paid to eligible telecommunications carriers ARTICLE 9 - TECHNICAL PROVISIONSClassifying telecommunications service provider data on competitive market share as nonpublic data; requiring the department of commerce to conduct a study on cable and telecommunications regulation and report to the legislature by a certain date; specifying certain codification, cross reference, word and term change and statutory derivations publication instructions to the revisor of statutes; repealing existing statutory provisions and rules regulating telecommunications services (ra)