HF 414

as introduced - 87th Legislature (2011 - 2012) Posted on 02/09/2011 08:54am

A bill for an act
relating to telecommunications; prohibiting access stimulation charges;
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 [237.125] PROHIBITION ON ACCESS STIMULATION CHARGES.
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) "Access stimulation charge" means any charge assessed by a local exchange
carrier or centralized equal access provider for delivery of intrastate telecommunications
to an entity that (1) provides a free or below cost service, discount, credit, or other product
offering to persons calling a telephone number assigned by the local exchange carrier to
an entity's service, and (2) has a financial or contractual interest, direct or indirect, in the
revenue received by a telephone company or telecommunications carrier for delivering
calls to the telephone numbers assigned to entities providing the free or below cost service.
new text end

new text begin (c) "Entity" means any individual, trustee, partnership, corporation, joint venture,
association, municipality, or any other legal entity.
new text end

new text begin Subd. 2. new text end

new text begin Access stimulation charge prohibited. new text end

new text begin No local exchange carrier or
centralized equal access provider may assess or charge an access stimulation charge.
new text end

new text begin Subd. 3. new text end

new text begin No local exchange service. new text end

new text begin For purposes of this section, a local exchange
carrier is not engaged in the provision of local exchange service, and is subject to the
prohibition against assessing or charging an access stimulation charge under subdivision
2, when it delivers calls to an entity that has a financial or contractual interest, direct or
indirect, in the revenue received by the local exchange carrier for delivering the calls
to the entity's assigned numbers.
new text end

new text begin Subd. 4. new text end

new text begin Not an end user. new text end

new text begin For purposes of this section, an entity that has a financial
or contractual interest, direct or indirect, in the revenue received by a local exchange
carrier for delivering calls to the telephone number assigned to the entity is not an end
user of or subscriber of the local exchange carrier's telecommunications services, and the
prohibition against assessing or charging an access stimulation charge under subdivision 2
applies to the entity and the local exchange carrier.
new text end

new text begin Subd. 5. new text end

new text begin No presumption of validity. new text end

new text begin Nothing in this section shall be construed
as indicating that an access stimulation charge assessed prior to the effective date of this
section was just, reasonable, or in accordance with any law, regulation, tariff, or policy.
new text end