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 cities the authority to be telecommunications and Internet service providers; authorizing +certain joint ventures, specifying certain terms and conditions and granting joint +ventures certain powers; providing for the classification of competitive data +and for governance by municipal public utilities commissions; specifying +registration requirements for the provision of local long distance service; +authorizing the providing for prepaid telecommunications services under certain +conditions, specifying certain performance bond requirements ARTICLE 2 - TELECOMMUNICATIONS SERVICE COMPETITION 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 and quality of +service standards 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, +exception; providing for complaint based rate regulation after the freeze, +providing for investigations by 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, restricting the allowance of operating+ expenses; prohibiting price discrimination by providers, specifying certain rate, toll or charge filing requirements, authorizing PUC +waivers; 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; 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 essential services unavailability; 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; providing for the assessment of +regulatory expenses by the PUC or the department of commerce, providing for +objection; requiring the assessment and payment 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 a board of trustees, +requiring investment of the fund by the state board of investment and revenue +collections administration by the commissioner of revenue; creating the high cost+ customer, telecommunications access Minnesota, telecommunication assistance +program and advanced services accounts in the fund, authorizing transfers between+ the fund accounts; specifying eligible telecommunications carrier (ETC) +universal service 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, authorizing update and providing for eligibility +for payments from the high cost customer account; 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 telecommunications 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; requiring the +PUC by a certain date to report to the legislature on certain cost changes +incorporation into the universal service funding mechanism for high cost service +areas ARTICLE 6 - RIGHT-OF-WAY Providing for the regulation of the use of public rights-of-way by telecommunications right-of-way users by local government units; +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; authorizing registration requirements and+ 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 limits 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; specifying certain content requirements of franchise agreements; +granting the PUC certain enforcement and rate regulation authority, authorizing +and providing for delegation of voluntary dispute resolution and consumer+ advocacy authority; requiring cable service providers to provide emergency +alert override capabilities; 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 � TELECOMMUNICATIONS AND CABLE SERVICES CONSUMER PRIVACY ACT"Telecommunications and Cable Services Consumer Privacy Act"; +defining certain terms; classifying telecommunications and cable service providers +data; imposing a duty of confidentiality on the service providers, +regulating disclosure of customer information, specifying certain customer +consent requirements, exceptions; classifying customer information obtained +by government entities from telecommunications service providers; +requiring and providing for notice to customers by telecommunications service +providers of request for customer consent and specifying certain consent +requirements, providing for enforcement by the attorney general; requiring the +public utilities commission to require telecommunications service providers +providing local telecommunications services to provide subscriber list information upon request for +telephone directories publication purposes, defining subscriber list +information; protecting the authority of the PUC to disclose information, +restricting telecommunications service provider disclosure of information +obtained under PUC authorityARTICLE 9 - 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, +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 ARTICLE 10 - 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 (mk)