SF 2224

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/03/2025 09:49 a.m.

A bill for an act
relating to commerce; relieving telephone companies or telecommunications
carriers of the obligation to serve certain areas; requiring the Public Utilities
Commission to resolve disputes; proposing coding for new law in Minnesota
Statutes, chapter 237.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [237.181] SERVICE TO AREAS WITH VOICE OVER INTERNET
PROTOCOL SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Commission" means the Public Utilities Commission.
new text end

new text begin (c) "Voice over Internet Protocol" or "VOIP" has the meaning given in section 237.025.
new text end

new text begin Subd. 2. new text end

new text begin Service equipment. new text end

new text begin (a) Notwithstanding any other provision in this chapter,
a telephone company or telecommunications carrier is not required to offer services in an
area:
new text end

new text begin (1) the Federal Communications Commission has identified through Broadband Data
Collection, location fabric data, or a successor data program as having a provider offering
wireline broadband access capable of carrying VOIP of at least ten megabits per second
download speed and one megabit per second upload speed and offering VOIP services at
a rate equal to or less than 135 percent of the current rate for local flat rated voice service
offered by the telephone company or telecommunications carrier in that area; or
new text end

new text begin (2) where a Federal Communications Commission approved adequate replacement is
available at a rate equal to or less than 135 percent of the current rate for local flat rated
voice service offered by the telephone company or telecommunications carrier in that area.
new text end

new text begin (b) A telephone company or telecommunications carrier that is not required to offer
service in an area pursuant to paragraph (a) and chooses not to do so must:
new text end

new text begin (1) notify the commission that the telephone company or telecommunications carrier is
not offering service in the area pursuant to paragraph (a); and
new text end

new text begin (2) notify the impacted customers at least 180 days prior to its cessation of services
through the following means of communication:
new text end

new text begin (i) notification in the form of a customer bill message; and
new text end

new text begin (ii) notification provided separate from the customer invoice using the same transmittal
method as the customer has elected to receive invoices.
new text end

new text begin Subd. 3. new text end

new text begin Dispute resolution. new text end

new text begin (a) The commission must resolve a dispute over whether
a location has service available at the rates described in subdivision 2.
new text end

new text begin (b) A customer that disputes whether a location is served by services meeting the
standards in subdivision 2 must provide a dispute notice by either calling or emailing the
telephone company or telecommunications carrier using the contact information provided
by the telephone company or telecommunications carrier in the notice required by subdivision
2, paragraph (b). A telephone company or telecommunications carrier who receives a dispute
notice from a customer in accordance with this section must provide the dispute information
to the commission within five business days of the day the dispute notice was received by
the telephone company or telecommunications carrier.
new text end

new text begin (c) The dispute information must state whether the basis for such a dispute is the
availability of service from another provider or the rate exceeds the standard in subdivision
2. The dispute information provided to the commission must include all supporting evidence
from both parties.
new text end

new text begin (d) Within five business days of the date the dispute information is received, the
commission must issue a recommendation to resolve the dispute. The commission must
determine whether the location has communications infrastructure available to carry VOIP
services as defined in subdivision 1 and whether a provider offers VOIP services at a rate
meeting the standard in subdivision 2. The commission must issue a recommendation to
resolve the dispute within 30 business days of receipt of the dispute information from the
telephone company or telecommunications carrier.
new text end

new text begin (e) If the commission determines the identified area has communications infrastructure
available to carry VOIP services at a rate meeting the standard in subdivision 2, the telephone
company or telecommunications carrier is relieved of any obligation to serve the disputed
location. This paragraph does not relieve the telephone company or telecommunications
carrier from providing services under any applicable federal obligation.
new text end

new text begin (f) If the commission determines that the identified location does not have
telecommunications infrastructure available to carry VOIP services or that the price exceeds
the standard set forth in subdivision 2, the telephone company or telecommunications carrier
is not relieved of any obligation to serve that location.
new text end

new text begin (g) If the customer or the telecommunications provider or the telephone company
disagrees with the recommendation of the commission, either party may file a request that
the commission review the recommendation. This request must be filed within 30 days of
the commission's recommendation.
new text end

new text begin (h) After receiving a request to review the recommendation, the commission must either
adopt the recommendation or reject and modify the recommendation. The commission must
make its decision within 45 days of such a request.
new text end

new text begin Subd. 4. new text end

new text begin Reinstatement of service. new text end

new text begin (a) The commission may reinstate existing obligations
to provide services to customers affected by this section:
new text end

new text begin (1) on the commission's own initiative; or
new text end

new text begin (2) in response to a request for agency action.
new text end

new text begin (b) Before acting under paragraph (a), the commission must:
new text end

new text begin (1) provide notice and conduct a hearing; and
new text end

new text begin (2) determine that reinstating any existing obligation to serve is necessary because
customers lack an option to purchase VOIP services at rates that comply with the standards
set forth under subdivision 2.
new text end

new text begin (c) The party requesting modification or reinstatement shall bear the burden of proof in
a hearing described in paragraph (b).
new text end