HF 3097

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:29 p.m.

1.1A bill for an act 1.2relating to telecommunications; regulating private shared services; modifying 1.3regulatory provisions; amending Minnesota Statutes 2008, sections 237.411, 1.4subdivision 3; 237.74, subdivision 9; proposing coding for new law in Minnesota 1.5Statutes, chapter 237. 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7    Section 1. Minnesota Statutes 2008, section 237.411, subdivision 3, is amended to read: 1.8    Subd. 3. Reduced rate regulation. The rates, prices, tariffs, or charges to a business 1.9customer in a competitive area by a telephone company or a telecommunications carrier 1.10offering local service are only subject to sections 237.07, subdivision 1; 237.66; and 1.11237.663 , and are not subject to any rules imposing rate or price restrictions beyond those 1.12sections or to other order or investigation of local rates under section 237.081. new text begin A telephone new text end 1.13 new text begin company or telecommunications carrier subject to this subdivision is not required to file new text end 1.14 new text begin specific price information. However, upon request of the department, the commission, or new text end 1.15 new text begin the Office of Attorney General, a telephone company or telecommunications carrier must new text end 1.16 new text begin demonstrate that its pricing complies with subdivision 4. new text end 1.17    Sec. 2. Minnesota Statutes 2008, section 237.74, subdivision 9, is amended to read: 1.18    Subd. 9. Discontinuance. If a physical connection exists between a telephone 1.19exchange system operated by a telephone company and the toll line or lines operated by a 1.20telecommunications carrier, neither of the companies shall have the connection severed or 1.21the service between the companies discontinued without first obtaining an order from the 1.22commission upon an application for permission to discontinue the physical connection. 1.23Upon the filing of an application for discontinuance of the connection, the department 1.24shall investigate and ascertain whether public convenience requires the continuance 2.1of the physical connection, and if the department so finds, the commission shall fix 2.2the compensation, terms, and conditions of the continuance of the physical connection 2.3and service between the telephone company and the telecommunications carrier. Prior 2.4commission approval is not required for severing connections where multiple local 2.5exchange companies are authorized to provide service. However, the commission may 2.6require the new text begin local exchange new text end connections if it finds that the connections are in the public 2.7interest. 2.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 2.9    Sec. 3. new text begin [237.681] PRIVATE SHARED SERVICES. new text end 2.10     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin For the purposes of this section, "private shared new text end 2.11 new text begin services" means the provision of telephone services and equipment, the provision of video new text end 2.12 new text begin programming services, or the provision of broadband services within a user group located new text end 2.13 new text begin in discrete private premises, in building complexes, campuses, or high-rise buildings, new text end 2.14 new text begin by a commercial shared services provider or by a user association, through privately new text end 2.15 new text begin owned customer premises equipment and associated data processing and information new text end 2.16 new text begin management services and includes the provision of connections to the facilities of a local new text end 2.17 new text begin exchange and to long-distance telephone companies. new text end 2.18     new text begin Subd. 2. new text end new text begin Requirements. new text end new text begin A person who owns or operates a building, property, new text end 2.19 new text begin complex, or other facility where a private shared system is operated shall establish a single new text end 2.20 new text begin demarcation point for services and facilities provided by a telephone company providing new text end 2.21 new text begin local exchange service in the area that is mutually agreeable to the property owner or new text end 2.22 new text begin operator and the telephone company. The obligation of a telephone company to provide new text end 2.23 new text begin service to a customer at a location where a private shared system is operated is limited to new text end 2.24 new text begin providing telephone company service and facilities up to the demarcation point established new text end 2.25 new text begin for the property where the private shared telecommunications system is located. The new text end 2.26 new text begin owner or operator of a private shared system may not (1) impose unreasonable restrictions new text end 2.27 new text begin on access to the demarcation point on the premises by a telephone company or (2) new text end 2.28 new text begin discriminate against or in favor of an occupant in any manner, including charging the new text end 2.29 new text begin occupant higher or lower rental charges, because of the occupant's choice of telephone new text end 2.30 new text begin company. new text end 2.31     new text begin Subd. 3. new text end new text begin Access to alternative provider. new text end new text begin A tenant of a building, property, new text end 2.32 new text begin complex, or other facility where a private shared system is operated may establish a new text end 2.33 new text begin direct connection to and receive telephone service from a telephone company providing new text end 2.34 new text begin local exchange service in the area where the private shared system is located. At the new text end 2.35 new text begin request of a tenant where a private shared system is operated, the owner or manager of new text end 3.1 new text begin the property shall make facilities or conduit space available to the tenant to allow the new text end 3.2 new text begin tenant to make separate connection to and to receive telephone service directly from new text end 3.3 new text begin the telephone company operating local exchange service in the area. The tenant has the new text end 3.4 new text begin choice of installing the tenant's own facilities or using the existing facilities. The facilities new text end 3.5 new text begin or conduit space must be provided by the owner or operator to the tenant at a reasonable new text end 3.6 new text begin rate and on reasonable terms and conditions. It is the obligation of the tenant to arrange new text end 3.7 new text begin for premises wire, cable, or other equipment necessary to connect the tenant's telephone new text end 3.8 new text begin equipment with the facilities of the telephone company operating local exchange service new text end 3.9 new text begin at the location of the demarcation point. new text end 3.10     new text begin Subd. 4. new text end new text begin Enforcement. new text end new text begin If the commission finds that the owner or operator of new text end 3.11 new text begin a private shared system has failed to comply with a request under this section, the new text end 3.12 new text begin commission may order the owner or operator to make facilities or conduit space available new text end 3.13 new text begin sufficient to allow the tenant to make separate connection with the telephone company, new text end 3.14 new text begin and provide the services at reasonable prices and on reasonable terms and conditions. new text end 3.15     new text begin Subd. 5. new text end new text begin Exemption. new text end new text begin A provider of private shared services is exempt from new text end 3.16 new text begin section 237.16 if the telecommunications services are only provided to tenants or for new text end 3.17 new text begin the provider's own use. new text end 3.18     new text begin Subd. 6. new text end new text begin Service by local telephone company. new text end new text begin A telephone company providing new text end 3.19 new text begin local exchange service shall provide service to anyone located within a shared services new text end 3.20 new text begin building at the demarcation point within a reasonable time upon request. new text end