HF 416

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to telecommunications; requiring 
  1.3             investigation of interference with local telephone 
  1.4             service; requiring improvements to telephone 
  1.5             facilities to reduce or eliminate interference; 
  1.6             amending Minnesota Statutes 1998, sections 216A.07, 
  1.7             subdivision 4; and 237.5799; proposing coding for new 
  1.8             law in Minnesota Statutes, chapter 237. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 216A.07, 
  1.11  subdivision 4, is amended to read: 
  1.12     Subd. 4.  [INVESTIGATION.] The commissioner may, on the 
  1.13  commissioner's own initiative, investigate any matter subject to 
  1.14  the jurisdiction of the department or commission.  The 
  1.15  commissioner shall investigate a matter subject to the 
  1.16  jurisdiction of the department or commission when required to by 
  1.17  a provision of this chapter, chapter 216B, or chapter 237. 
  1.18     Sec. 2.  [237.155] [INTERFERENCE WITH TELEPHONE VOICE 
  1.19  TRANSMISSION.] 
  1.20     Subdivision 1.  [INVESTIGATION.] The department shall 
  1.21  investigate a report of interference with local telephone voice 
  1.22  transmissions, including but not limited to radio interference, 
  1.23  upon receipt of a petition that meets the requirements of this 
  1.24  subdivision.  The petition must include the following: 
  1.25     (1) the signatures of ten or more subscribers or spouses of 
  1.26  subscribers whose local telephone voice transmissions are 
  1.27  affected by interference; 
  2.1      (2) the telephone number of each petitioner; 
  2.2      (3) the provider of local telephone service of each 
  2.3   petitioner; 
  2.4      (4) the nature and frequency of the interference; and 
  2.5      (5) a statement that each petitioner has notified the 
  2.6   provider of local telephone service of the interference and that 
  2.7   provider has not within 45 days of the notice eliminated the 
  2.8   interference with the voice transmissions over the local 
  2.9   telephone system. 
  2.10     The department shall notify the telephone company providing 
  2.11  the local telephone service that it is conducting an 
  2.12  investigation.  Upon request of the department, the telephone 
  2.13  company shall provide the department with any documents, data or 
  2.14  information, and access to any of its facilities as may be 
  2.15  necessary for the department to conduct its investigation. 
  2.16     Subd. 2.  [FINDINGS; REPORT.] The department shall prepare 
  2.17  a report of its findings regarding the interference described in 
  2.18  the petition.  The report must include at least the following: 
  2.19     (1) the name of the telephone company that provides the 
  2.20  local telephone service in question; 
  2.21     (2) the nature and extent of the interference with local 
  2.22  voice transmissions; 
  2.23     (3) any likely causes of the interference; 
  2.24     (4) whether the interference results in inadequate 
  2.25  telephone service for some or all of the affected subscribers; 
  2.26  and 
  2.27     (5) steps to be taken to reduce or eliminate the 
  2.28  interference, including any improvements or changes to the 
  2.29  facilities of the telephone company providing the local 
  2.30  telephone service. 
  2.31     The department shall provide a copy of the report to the 
  2.32  petitioners and to the local telephone company being 
  2.33  investigated. 
  2.34     Subd. 3.  [PROCEEDING.] (a) Within 30 days of completion of 
  2.35  the report, the department shall file a complaint if it finds 
  2.36  that the interference has resulted in inadequate telephone 
  3.1   service for some or all of the affected subscribers and that 
  3.2   there are improvements or changes that can be made to the 
  3.3   facilities of the telephone company providing the local 
  3.4   telephone service to reduce or eliminate the interference.  The 
  3.5   complaint must request that the commission order the telephone 
  3.6   company to make changes to its facilities to reduce or eliminate 
  3.7   the interference with the local telephone service of affected 
  3.8   subscribers.  The department is not required to file a complaint 
  3.9   with the commission if the telephone company agrees before the 
  3.10  deadline for filing a complaint to make the changes or 
  3.11  improvements to its facilities as outlined in the department's 
  3.12  report and within a time period agreed to by the department.  If 
  3.13  the telephone company fails to make the changes within the 
  3.14  agreed-upon time period, the department must file a complaint 
  3.15  with the commission requesting the commission to order the local 
  3.16  telephone company to make the agreed-upon changes. 
  3.17     (b) The commission shall hold an expedited proceeding 
  3.18  pursuant to section 237.61 to address a complaint filed pursuant 
  3.19  to this section.  The commission shall permit the petitioning 
  3.20  subscribers, petitioning spouses of subscribers, and any other 
  3.21  affected subscriber or subscriber's spouse to intervene in the 
  3.22  proceeding.  The department shall present the findings contained 
  3.23  in its report and the facts supporting its findings at the 
  3.24  proceeding. 
  3.25     (c) The telephone company shall have the burden to show: 
  3.26     (1) that the interference with its local voice 
  3.27  transmissions service alleged in the petition does not exist; 
  3.28     (2) that any interference has not resulted in inadequate 
  3.29  telephone service for any of its subscribers; or 
  3.30     (3) that the improvements or changes requested by the 
  3.31  department will not reduce the interference. 
  3.32  If the telephone company fails to make the required showing, the 
  3.33  commission shall order the telephone company to make the changes 
  3.34  set forth in the department's report or any other changes to the 
  3.35  telephone company facilities that the commission concludes are 
  3.36  necessary to address the interference. 
  4.1      (d) An order of the commission pursuant to this section is 
  4.2   a final decision in a contested case entitled to judicial review 
  4.3   of the decision under sections 14.63 to 14.68. 
  4.4      Sec. 3.  Minnesota Statutes 1998, section 237.5799, is 
  4.5   amended to read: 
  4.6      237.5799 [EXPIRATION OF COMPETITIVE SERVICE LAWS.] 
  4.7      Sections 237.58, 237.59, 237.60, 237.61, 237.62, 237.625, 
  4.8   237.63, 237.64, 237.65, and 237.68 expire on August 1, 1999.