HF 2384

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to telecommunications; prohibiting toll 
  1.3             charges by telecommunications carriers for calls made 
  1.4             within same area code; amending Minnesota Statutes 
  1.5             1994, section 237.74, subdivisions 1, 2, 3, and 4. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 237.74, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [FILING REQUIREMENTS.] Every 
  1.10  telecommunications carrier shall elect and keep on file with the 
  1.11  department either a tariff or a price list for each service on 
  1.12  or before the effective date of the tariff or price, containing 
  1.13  the rules, rates, and classifications used by it in the conduct 
  1.14  of the telephone business, including limitations on liability.  
  1.15  The filings are governed by chapter 13.  The department shall 
  1.16  require each telecommunications carrier to keep open for public 
  1.17  inspection at designated offices so much of these rates, tariffs 
  1.18  or price lists, and rules as the department considers necessary 
  1.19  for public information.  No telecommunications carrier may 
  1.20  charge on a toll basis for calls originating and terminating 
  1.21  within a geographic area designated by the same area code.  
  1.22  However, local exchange carriers may continue to charge 
  1.23  telecommunications carriers for access to local exchange 
  1.24  networks for these calls. 
  1.25     Sec. 2.  Minnesota Statutes 1994, section 237.74, 
  2.1   subdivision 2, is amended to read: 
  2.2      Subd. 2.  [DISCRIMINATION PROHIBITED; PRACTICES, SERVICES, 
  2.3   RATES.] No telecommunications carrier shall offer 
  2.4   telecommunications service within the state upon terms or rates 
  2.5   that are unreasonably discriminatory.  No telecommunications 
  2.6   carrier shall unreasonably limit its service offerings to 
  2.7   particular geographic areas unless facilities necessary for the 
  2.8   service are not available and cannot be made available at 
  2.9   reasonable costs.  The rates of a telecommunications carrier 
  2.10  must be the same in all geographic locations of the state unless 
  2.11  for good cause the commission approves different rates; except 
  2.12  that the commission shall not approve any telecommunications 
  2.13  rate based on a toll or per-call basis that is made within a 
  2.14  geographic area using the same designated area code.  A company 
  2.15  that offers long-distance services shall charge uniform rates 
  2.16  and charges on all long-distance routes and in all geographic 
  2.17  areas in the state where it offers the services.  However, a 
  2.18  carrier may offer or provide volume or term discounts or may 
  2.19  offer or provide unique pricing to certain customers or to 
  2.20  certain geographic locations for special promotions, and may 
  2.21  pass through any state, municipal, or local taxes in the 
  2.22  specific geographic areas from which the taxes originate. 
  2.23     Notwithstanding any other provision of this subdivision, a 
  2.24  telecommunications carrier may furnish service free or at 
  2.25  reduced rates to its officers, agents, or employees in 
  2.26  furtherance of their employment. 
  2.27     Sec. 3.  Minnesota Statutes 1994, section 237.74, 
  2.28  subdivision 3, is amended to read: 
  2.29     Subd. 3.  [SPECIAL PRICING.] Except as prohibited by this 
  2.30  section, prices unique to a particular customer or group of 
  2.31  customers may be allowed for services when differences in the 
  2.32  cost of providing a service or a service element justify a 
  2.33  different price for a particular customer or group of 
  2.34  customers.  Individual pricing for services may be allowed when 
  2.35  a uniform price should not be required because of market 
  2.36  conditions.  When not based on a per-call or toll pricing 
  3.1   system, unique or individual prices for services or service 
  3.2   elements in effect before August 1, 1993, are deemed to be 
  3.3   lawful under this section. 
  3.4      Sec. 4.  Minnesota Statutes 1994, section 237.74, 
  3.5   subdivision 4, is amended to read: 
  3.6      Subd. 4.  [INVESTIGATION, HEARING, ORDER, APPEAL.] (a) When 
  3.7   the commission or the department believes that an investigation 
  3.8   of any matter relating to any telephone service should for any 
  3.9   reason be made, it may on its own motion investigate the service 
  3.10  or matter upon notice to the carrier.  However, 
  3.11  telecommunications carriers are not subject to rate or rate of 
  3.12  return regulation and neither the commission nor the department 
  3.13  may investigate any matter relating to a telecommunications 
  3.14  carrier's costs, rates, or rate of return, except the commission 
  3.15  and the department may investigate whether a rate is 
  3.16  unreasonably discriminatory under subdivision 2 or relies wholly 
  3.17  or in part on toll charges in violation of subdivision 1. 
  3.18     (b) Upon a complaint made against a telecommunications 
  3.19  carrier by a telephone company, by another telecommunications 
  3.20  carrier, by the governing body of a political subdivision, or by 
  3.21  no fewer than five percent or 100, whichever is the lesser 
  3.22  number, of the subscribers or spouses of subscribers of the 
  3.23  particular telecommunications carrier, that any of the rates, 
  3.24  tolls, tariffs or price lists, charges, or schedules is in any 
  3.25  respect unjustly discriminatory, that the carrier is imposing 
  3.26  toll charges, or that any service is inadequate or cannot be 
  3.27  obtained, the commission, after notice to the telecommunications 
  3.28  carrier, shall investigate the matters raised by the complaint. 
  3.29     (c) If, after making an investigation under paragraph (a) 
  3.30  or (b), the commission finds that a significant factual issue 
  3.31  raised has not been resolved to its satisfaction, the commission 
  3.32  may order that a contested case hearing be conducted under 
  3.33  chapter 14 unless the complainant, the telecommunications 
  3.34  carrier, and the commission agree that an expedited hearing 
  3.35  under section 237.61 is appropriate. 
  3.36     (d) In any complaint proceeding authorized under this 
  4.1   section, telecommunications carriers shall bear the burden of 
  4.2   proof consistent with the allocation of the burden of proof to 
  4.3   telephone companies in sections 237.01 to 237.73. 
  4.4      (e) A full and complete record must be kept by the 
  4.5   commission of all proceedings before it upon any formal 
  4.6   investigation or hearing and all testimony received or offered 
  4.7   must be taken down by the stenographer appointed by the 
  4.8   commission and a transcribed copy of the record furnished to any 
  4.9   party to the investigation upon the payment of the expense of 
  4.10  furnishing the transcribed copy. 
  4.11     If the commission finds by a preponderance of the evidence 
  4.12  presented during the complaint proceeding that existing rates, 
  4.13  tolls, tariffs or price lists, charges, or schedules are 
  4.14  unjustly discriminatory, that the carrier is imposing toll 
  4.15  charges, or that any service is inadequate or cannot be 
  4.16  obtained, the commission may issue its order requiring 
  4.17  termination of the discrimination or making the service adequate 
  4.18  or obtainable. 
  4.19     (f) A copy of an order issued under this section must be 
  4.20  served upon the person against whom it runs or the person's 
  4.21  attorney, and notice of the order must be given to the other 
  4.22  parties to the proceedings or their attorneys. 
  4.23     (g) Any party to a proceeding before the commission or the 
  4.24  attorney general may make and perfect an appeal from the order 
  4.25  in accordance with chapter 14. 
  4.26     If the court finds from an examination of the record that 
  4.27  the commission erroneously rejected evidence that should have 
  4.28  been admitted, it shall remand the proceedings to the commission 
  4.29  with instructions to receive the evidence rejected and any 
  4.30  rebutting evidence and to make new findings and return them to 
  4.31  the court for further review.  Then the commission, after notice 
  4.32  to the parties in interest, shall proceed to rehear the matter 
  4.33  in controversy and receive the wrongfully rejected evidence and 
  4.34  any rebutting evidence offered and make new findings, as upon 
  4.35  the original hearing, and transmit it and the new record 
  4.36  properly certified to the court of appeals, when the matter 
  5.1   shall be again considered by the court in the same manner as in 
  5.2   an original appeal. 
  5.3      (h) When an appeal is taken from any order of the 
  5.4   commission under this chapter, the commission shall, without 
  5.5   delay, have a certified transcript made of all proceedings, 
  5.6   pleadings and files, and testimony taken or offered before it 
  5.7   upon which the order was based, showing particularly what, if 
  5.8   any, evidence offered was excluded.  The transcript must be made 
  5.9   and filed with the court administrator of the district court 
  5.10  where the appeal is pending.