HF 1066

as introduced - 89th Legislature (2015 - 2016) Posted on 02/23/2015 04:30pm

A bill for an act
relating to telecommunications; providing for competitive market regulation for
certain local exchange carriers; 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 [237.025] COMPETITIVE MARKET REGULATION.
new text end

new text begin Subdivision 1. new text end

new text begin Market regulation; election and regulation. new text end

new text begin (a) A local exchange
carrier facing competition may elect to be regulated by competitive market regulation
under this section.
new text end

new text begin (b) A local exchange carrier that elects to be regulated under this section shall be
regulated as a competitive local exchange carrier under Minnesota Rules, parts 7811.2210
and 7812.2210, effective 30 days after its petition under subdivision 3 has been approved
by the commission under subdivision 5.
new text end

new text begin (c) If a local exchange carrier elects and is approved to be regulated under this
section, any existing alternative form of plan, price, or service regulation terminates on the
day the competitive market regulation election becomes effective.
new text end

new text begin (d) A local exchange carrier subject to competitive market regulation under this
section is not subject to rate-of-return regulation or earning investigations under this
chapter.
new text end

new text begin Subd. 2. new text end

new text begin Consumer protections. new text end

new text begin A local exchange carrier that elects to be regulated
under this section remains subject to chapter 403 and sections 237.069, 237.121, 237.295,
237.411, 237.49, 237.52, 237.66, 237.661, 237.662, 237.663, 237.665, 237.70, 237.701,
and 237.74, subdivision 6.
new text end

new text begin Subd. 3. new text end

new text begin Petition; contents. new text end

new text begin (a) A local exchange carrier may petition the
commission to be regulated under this section. The petition must be served on the
commission, the department, the Office of the Attorney General, and any other person
designated by the commission.
new text end

new text begin (b) If the local exchange carrier contends that it serves less than 50 percent of the
households within its service territory, the petition must provide evidence demonstrating
the percentage of households it serves.
new text end

new text begin (c) If the local exchange carrier serves more than 50 percent of the households
within its service territory, the petition must provide:
new text end

new text begin (1) a list of the known alternative providers of local service available in the
company's service territory;
new text end

new text begin (2) a description of affiliate relationships with any other provider of local service in
the company's market area;
new text end

new text begin (3) documentation demonstrating the loss of local residential voice customers over
the period consisting of, at a minimum, the previous five years; and
new text end

new text begin (4) facts sufficient to demonstrate the local exchange carrier satisfies the criteria in
subdivision 5.
new text end

new text begin Subd. 4. new text end

new text begin Process; objection and review. new text end

new text begin (a) A petition by a local exchange carrier
to be regulated under this section shall be reviewed by the commission as provided under
this subdivision.
new text end

new text begin (b) A party objecting to the local exchange carrier's petition must file an objection
within 20 days, and provide with its filing evidence that the petitioning local exchange
carrier does not satisfy the criteria under subdivision 5.
new text end

new text begin (c) If no party objects to the petitioning local exchange carrier's proposed election
within 20 days of the filing of the petition, the petition is deemed approved.
new text end

new text begin (d) If a party raises an objection to a local exchange carrier's petition, the commission
must provide interested parties an opportunity to comment on the merits of the petition.
new text end

new text begin (e) The commission shall make a final determination within 60 days of the date all
information required under subdivision 3 was submitted.
new text end

new text begin Subd. 5. new text end

new text begin Evaluation criteria; approval. new text end

new text begin (a) If the petitioning local exchange carrier
demonstrates that it serves less than 50 percent of the households in its service territory,
the commission shall immediately grant the petition.
new text end

new text begin (b) If the petitioning local exchange carrier serves more than 50 percent of the
households in its service territory, the commission shall grant the petition if the petitioner
demonstrates that competitive service providers make voice service available to over 50
percent of the households in its service territory.
new text end

new text begin (c) For the purposes of this subdivision, "competitive service provider" means a
provider offering local residential voice service to telephone numbers throughout the local
calling area, without regard to the technology used to deliver the service. Competitive
service providers include, but are not limited to, wireless providers using Voice over
Internet Protocol (VoIP) technologies.
new text end

new text begin Subd. 6. new text end

new text begin Relation to other law. new text end

new text begin Nothing in this section effects or modifies:
new text end

new text begin (1) any entity's obligations or rights, or the commission's authority, under the Federal
Communications Act of 1934, United States Code, title 47, sections 251 and 252;
new text end

new text begin (2) any commission jurisdiction over (i) intrastate switched access rates, (ii) terms
and conditions, including the implementation of federal law with respect to intercarrier
compensation, or (iii) commission authority to address or affect the resolution of disputes
regarding intercarrier compensation; or
new text end

new text begin (3) the rights of any entity, or the authority of the commission or local government
authorities, with respect to the use and regulation of public rights-of-way under sections
237.162 and 237.163.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end