HF 1580

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to telecommunications; providing for a
combined per number fee; amending Minnesota Statutes
2004, section 403.11, subdivision 1; proposing coding
for new law in Minnesota Statutes, chapter 237;
repealing Minnesota Statutes 2004, sections 237.295,
subdivisions 1, 2, 3, 4; 237.49; 237.52, subdivisions
2, 3; 237.70, subdivision 6; 403.113, subdivision 1.

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

Section 1.

new text begin [237.491] COMBINED PER NUMBER FEE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this
subdivision apply to this section.
new text end

new text begin (b) "911 emergency and public safety communications program"
means the program governed by chapter 403.
new text end

new text begin (c) "Service provider" means a provider doing business in
Minnesota who provides real time, two-way voice service
interconnected with the public switched telephone network using
numbers allocated for Minnesota assigned by the North American
Numbering Plan Administration.
new text end

new text begin (d) "State's telecommunications regulatory activities"
means the activities of the Department of Commerce and the
Public Utilities Commission to oversee the provision of real
time, two-way voice service interconnected with the public
switched telephone network.
new text end

new text begin (e) "Telecommunications access Minnesota program" means the
program governed by sections 237.50 to 237.55.
new text end

new text begin (f) "Telephone assistance program" means the program
governed by sections 237.69 to 237.711.
new text end

new text begin Subd. 2. new text end

new text begin Per number fee. new text end

new text begin (a) By July 1, 2006, the Public
Utilities Commission shall establish a fee that applies to each
service provider based upon the amount of numbers allocated for
Minnesota assigned by the North American Numbering Plan
Administration in use by the provider. The fee must be set at a
level calculated to generate only the amount of revenue
necessary to fund the telephone assistance program, the
telecommunications access Minnesota program, the 911 emergency
and public safety communications program, and the state's
telecommunications regulatory activities at the levels funded in
fiscal years 2004 and 2005.
new text end

new text begin (b) Notwithstanding any law to the contrary, the Public
Utilities Commission shall, by order, establish the procedures
by which each service provider, to the extent allowed under
federal law, shall collect and remit the fee proceeds to the
Department of Revenue. The commissioner of revenue shall
allocate the fee proceeds to the four funding areas in paragraph
(a) in the proportion each area comprised of the total funding
for those areas in fiscal years 2004 and 2005, and shall deposit
the allocations into the appropriate accounts. The Department
of Commerce's allocation must be deposited into the special
revenue account established under section 237.30. Once
established, a change in the amount of the fee or the allocation
of fee revenues may only be made by legislative action.
new text end

Sec. 2.

Minnesota Statutes 2004, section 403.11,
subdivision 1, is amended to read:

Subdivision 1.

Emergency telecommunications service fee.

(a) Each customer of a wireless or wire-line telecommunications
service provider that furnishes service capable of originating a
911 emergency telephone call is assessed a fee new text begin under section
237.491 new text end to cover the costs of ongoing maintenance and related
improvements for trunking and central office switching equipment
for 911 emergency telecommunications service, plus
administrative and staffing costs of the commissioner related to
managing the 911 emergency telecommunications service program.
Recurring charges by a wire-line telecommunications service
provider for updating the information required by section
403.07, subdivision 3, must be paid by the commissioner if the
wire-line telecommunications service provider is included in an
approved 911 plan and the charges are made pursuant to tariff,
price list, or contract. new text begin A portion of new text end the fee assessed under
deleted text begin this deleted text end section new text begin 237.491 new text end must also be used for the purpose of
offsetting the costs, including administrative and staffing
costs, incurred by the State Patrol Division of the Department
of Public Safety in handling 911 emergency calls made from
wireless phones.

(b) Money remaining in the 911 emergency telecommunications
service account after all other obligations are paid must not
cancel and is carried forward to subsequent years and may be
appropriated from time to time to the commissioner to provide
financial assistance to counties for the improvement of local
emergency telecommunications services. The improvements may
include providing access to 911 service for telecommunications
service subscribers currently without access and upgrading
existing 911 service to include automatic number identification,
local location identification, automatic location
identification, and other improvements specified in revised
county 911 plans approved by the commissioner.

(c) deleted text begin The fee may not be less than eight cents nor more than
40 cents a month for each customer access line or other basic
access service, including trunk equivalents as designated by the
Public Utilities Commission for access charge purposes and
including wireless telecommunications services. With the
approval of the commissioner of finance, the commissioner of
public safety shall establish the amount of the fee within the
limits specified and inform the companies and carriers of the
amount to be collected. When the revenue bonds authorized under
section 403.27, subdivision 1, have been fully paid or defeased,
the commissioner shall reduce the fee to reflect that debt
service on the bonds is no longer needed. The commissioner
shall provide companies and carriers a minimum of 45 days'
notice of each fee change. The fee must be the same for all
customers.
deleted text end

deleted text begin (d) The fee must be collected by each wireless or wire-line
telecommunications service provider subject to the fee. Fees
are payable to and must be submitted to the commissioner monthly
before the 25th of each month following the month of collection,
except that fees may be submitted quarterly if less than $250 a
month is due, or annually if less than $25 a month is due.
Receipts must be deposited in the state treasury and credited to
a 911 emergency telecommunications service account in the
special revenue fund. The money in the account may only be used
for 911 telecommunications services.
deleted text end

deleted text begin (e) deleted text end This subdivision does not apply to customers of
interexchange carriers.

deleted text begin (f) deleted text end new text begin (d) new text end The installation and recurring charges for
integrating wireless 911 calls into enhanced 911 systems must be
paid by the commissioner if the 911 service provider is included
in the statewide design plan and the charges are made pursuant
to tariff, price list, or contract.

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 237.295, subdivisions 1,
2, 3, and 4; 237.49; 237.52, subdivisions 2 and 3; 237.70,
subdivision 6; and 403.113, subdivision 1, are repealed.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day following final enactment.
Sections 2 and 3 are effective December 31, 2006.
new text end