1.1                          A bill for an act 
  1.2             relating to telecommunications; authorizing public 
  1.3             utilities commission to impose self-executing or 
  1.4             automatic remedies and penalties; changing name of 
  1.5             telecommunications access for communication-impaired 
  1.6             persons program to telecommunications access Minnesota 
  1.7             program; modifying and clarifying provisions for 
  1.8             contracting the telecommunication relay system; 
  1.9             amending Minnesota Statutes 2000, sections 237.081, 
  1.10            subdivision 4; 237.52, subdivision 1; Minnesota 
  1.11            Statutes 2001 Supplement, sections 237.51, subdivision 
  1.12            1; 237.54, subdivision 2. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2000, section 237.081, 
  1.15  subdivision 4, is amended to read: 
  1.16     Subd. 4.  [ESTABLISHMENT OF RATE AND PRICE.] (a) Whenever 
  1.17  the commission finds, after a proceeding under subdivision 2, 
  1.18  that (1) a service that can be reasonably demanded cannot be 
  1.19  obtained, (2) that any rate, toll, tariff, charge, or schedule, 
  1.20  or any regulation, measurement, practice, act, or omission 
  1.21  affecting or relating to the production, transmission, delivery, 
  1.22  or furnishing of telephone service or any service in connection 
  1.23  with telephone service, is in any respect unreasonable, 
  1.24  insufficient, or unjustly discriminatory, or (3) that any 
  1.25  service is inadequate, the commission shall make an order 
  1.26  respecting the tariff, regulation, act, omission, practice, or 
  1.27  service that is just and reasonable and, if applicable, shall 
  1.28  establish just and reasonable rates and prices. 
  1.29     (b) Included within the authority existing under paragraph 
  2.1   (a) for the commission to issue any order remedying inadequate 
  2.2   or discriminatory service or practice is the authority to impose 
  2.3   self-executing or automatic remedies and penalties. 
  2.4      Sec. 2.  Minnesota Statutes 2001 Supplement, section 
  2.5   237.51, subdivision 1, is amended to read: 
  2.6      Subdivision 1.  [CREATION.] The commissioner of commerce 
  2.7   shall (1) administer through interagency agreement with the 
  2.8   commissioner of human services a program to distribute 
  2.9   communication devices to eligible communication-impaired persons 
  2.10  and (2) contract with a local consumer group qualified vendor 
  2.11  that serves communication-impaired persons to create and 
  2.12  maintain a telecommunication relay service.  For purposes of 
  2.13  sections 237.51 to 237.56, the department of commerce and any 
  2.14  organization with which it contracts pursuant to this section or 
  2.15  section 237.54, subdivision 2, are not telephone companies or 
  2.16  telecommunications carriers as defined in section 237.01. 
  2.17     Sec. 3.  Minnesota Statutes 2000, section 237.52, 
  2.18  subdivision 1, is amended to read: 
  2.19     Subdivision 1.  [FUND ESTABLISHED.] A telecommunication 
  2.20  access for communication-impaired persons Minnesota fund is 
  2.21  established as an account in the state treasury.  Earnings, such 
  2.22  as interest, dividends, and any other earnings arising from fund 
  2.23  assets, must be credited to the fund. 
  2.24     Sec. 4.  Minnesota Statutes 2001 Supplement, section 
  2.25  237.54, subdivision 2, is amended to read: 
  2.26     Subd. 2.  [OPERATION.] (a) The commissioner of commerce 
  2.27  shall contract with a local consumer organization that serves 
  2.28  communication-impaired persons qualified vendor for the 
  2.29  operation and maintenance of the telecommunication relay 
  2.30  system.  The commissioner may contract with other than a local 
  2.31  consumer organization if no local consumer organization is 
  2.32  available to enter into or perform a reasonable contract or the 
  2.33  only available consumer organization fails to comply with terms 
  2.34  of a contract. 
  2.35     (b) The telecommunication relay service provider shall 
  2.36  operate the relay service within the state of Minnesota.  The 
  3.1   operator of the system shall keep all messages confidential, 
  3.2   shall train personnel in the unique needs of 
  3.3   communication-impaired people, and shall inform 
  3.4   communication-impaired persons and the public of the 
  3.5   availability and use of the system.  Except in the case of a 
  3.6   speech- or mobility-impaired person, the operator shall not 
  3.7   relay a message unless it originates or terminates through a 
  3.8   communication device for the deaf or a Brailling device for use 
  3.9   with a telephone.