HF 2767

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/28/2014 12:38pm

A bill for an act
relating to telecommunications; eliminating antiquated, unnecessary, redundant,
or obsolete laws; making conforming changes; amending Minnesota Statutes
2012, sections 237.04; 237.14; 237.16, subdivisions 8, 12; 237.164; 237.17;
237.30; 237.46; 237.491; 237.69, subdivisions 1, 15, 16; 237.71; 270B.14,
subdivision 1; Minnesota Statutes 2013 Supplement, sections 237.036; 237.16,
subdivision 9; repealing Minnesota Statutes 2012, sections 237.068; 237.16,
subdivisions 10, 11, 13; 237.18; 237.33; 237.34; 237.35; 237.36; 237.37; 237.38;
237.39; 237.40; 237.44; 237.45; 237.47; 237.67; 237.711; 237.80, subdivision 1.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 237.036, is amended to read:

237.036 COIN-OPERATED OR PUBLIC PAY TELEPHONES.

(a) Neither commission approval nor a commission certificate is required to:

(1) site a coin-operated or public pay telephone in the state; or

(2) implement changes in service, services offered, rates, or location regarding a
coin-operated or public pay telephone. Registration under section 237.64 is required to
own or operate a coin-operated or public pay telephone in the state.

(b) This section does not change the authority of other state or local government
entities to regulate aspects of coin-operated or public pay telephone ownership, location,
or operation; however, an entity may not regulate aspects of these services that it did not
regulate prior to May 26, 1999. The commission shall retain the authority delegated to
it under federal and state law to protect the public interest with regard to coin-operated
or public pay telephones.

(c) Owners and operators of coin-operated or public pay telephones are exempt from
sections 237.06, 237.07, 237.075, 237.09, 237.23, 237.295, deleted text begin and 237.39 deleted text end and the annual
reporting requirement of section 237.11.

(d) Owners of coin-operated or public pay telephones shall:

(1) provide immediate coin-free access, to the extent technically feasible, to 911
emergency service or to another approved emergency service; and

(2) provide free access to the telecommunications relay service for people with
communication disabilities.

(e) Owners of coin-operated or public pay telephones must post at each coin-operated
or public pay telephone location:

(1) customer service and complaint information, including the name, address, and
telephone number of the owner of the coin-operated or public pay telephone and the
operator service handling calls from the coin-operated or public pay telephone; a toll-free
number of the appropriate telephone company for the resolution of complaints; and the
toll-free number of the public utilities commission; and

(2) a toll-free number at which consumers can obtain pricing information regarding
rates, charges, terms, and conditions of local and long-distance calls.

Sec. 2.

Minnesota Statutes 2012, section 237.04, is amended to read:

237.04 WIRE CROSSING OR PARALLELING UTILITY LINE; RULES.

(a) The department deleted text begin shall determine and promulgate reasonable rules covering the
maintenance and operation, also the nature, location, and character of the construction to
be used, where telephone, telegraph, electric light, power, or other electric wires of any
kind, or any natural gas pipelines, cross, or more or less parallel the lines of any railroad,
or any other similar public service corporation; and, to this end, shall formulate and from
time to time, issue general rules covering each class of construction, maintenance, and
operation of such telephone, telegraph, telecommunications, cable, fiber optic, electric
wire, or natural gas pipeline crossing, or paralleling, under the various conditions existing;
and the department deleted text end , upon the complaint of any person, railroad, municipal utility,
cooperative electric association, telephone company, telecommunications carrier, cable
company, fiber optic carrier, or other public utility claiming to be injuriously affected or
subjected to hazard by any deleted text begin such deleted text end crossing or paralleling new text begin of the new text end lines new text begin of any railroad or other
similar public service corporation, new text end constructed or about to be constructed, shall, after a
hearing, make such order and prescribe such terms and conditions for the construction,
maintenance, and operation of the lines in question as may be just and reasonable.

(b) The department may, upon request of any municipal utility, electric cooperative
association, public utility, telephone company, telecommunications carrier, cable
company, or fiber optic carrier determine the just and reasonable charge which a railroad,
or owner of an abandoned railroad right-of-way, other than the state or a regional railroad
authority, can prescribe for a new or existing crossing of a railroad right-of-way by any
telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas line, or new
or existing telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas
line more or less paralleling a railroad right-of-way, based on the diminution in value
caused by the crossing or paralleling of the right-of-way by the telephone, telegraph,
telecommunications, cable, fiber optic, electric, or gas line. This section shall not be
construed to eliminate the right of a public utility, municipal utility, or electric cooperative
association to have any of the foregoing issues determined pursuant to an eminent domain
proceeding commenced under chapter 117. Unless the railroad, or owner of an abandoned
railroad right-of-way, other than the state or a regional railroad authority, asserts in writing
that the proposed crossing or paralleling is a serious threat to the safe operations of the
railroad or to the current use of the railroad right-of-way, a crossing can be constructed
following filing of the requested action with the department, pending review of the
requested action by the department.

(c) The department shall assess the cost of reviewing the requested action, and of
determining a just and reasonable charge, equally among the parties.

(d) For the purposes of this section, "parallel" or "paralleling" means that the
relevant utility facilities run adjacent to and alongside the lines of a railroad for no more
than one mile, or another distance agreed to by the parties, before the utility facilities cross
the railroad lines, terminate, or exit the railroad right-of-way.

Sec. 3.

Minnesota Statutes 2012, section 237.14, is amended to read:

237.14 RATE FOR SERVICE TO OFFICER.

A telephone company may furnish service free or at reduced rates to its officers,
agents, or employees in furtherance of their employment, but it shall charge full schedule
rates without discrimination for all other services. deleted text begin Nothing herein shall release any
telephone company from carrying out any contract now existing between it and any
municipality for the furnishing of any service free or at reduced rates. Any contract for
telephone service, at discriminatory rates, other than those with municipalities, shall be
terminated by the company as soon as the same becomes terminable by its terms.
deleted text end

Sec. 4.

Minnesota Statutes 2012, section 237.16, subdivision 8, is amended to read:

Subd. 8.

Rules.

(a) deleted text begin Before August 1, 1997, deleted text end The commission shall adopt rules
applicable to all telephone companies and telecommunications carriers required to obtain
or having obtained a certificate for provision of telephone service using any existing
federal standards as minimum standards and incorporating any additional standards
or requirements necessary to ensure the provision of high-quality telephone services
throughout the state. The rules must, at a minimum:

(1) define procedures for competitive entry and exit;

(2) require the provisions of equal access and interconnection with the company's
network and other features, functions, and services which the commission considers
necessary to promote fair and reasonable competition;

(3) require unbundling of network services and functions to at least the level required
by existing federal standards;

(4) prescribe, if necessary, methods of reciprocal compensation between telephone
companies;

(5) provide for local telephone number portability;

(6) prescribe appropriate regulatory standards for new local telephone service
providers, that facilitate and support the development of competitive services;

(7) protect against cross-subsidization, unfair competition, and other practices
harmful to promoting fair and reasonable competition;

(8) prescribe methods for the preservation of universal and affordable local
telephone services;

(9) prescribe standards for quality of service;

(10) provide for the continued provision of local emergency telephone services
under chapter 403; and

(11) protect residential and commercial customers from unauthorized changes in
service providers in a competitively neutral manner.

(b) deleted text begin Before January 1, 1998, in a separate rulemaking, deleted text end The commission shall adopt
separate rules regarding the issues described in paragraph (a), clauses (1) to (11), as may
be appropriate to provision of competitive local telephone service in areas served by
telephone companies with less than 50,000 subscribers deleted text begin originally certified to provide local
telephone services before January 1, 1988 deleted text end .

Sec. 5.

Minnesota Statutes 2013 Supplement, section 237.16, subdivision 9, is
amended to read:

Subd. 9.

Universal service fund.

The commission shall establish and require
contributions to a universal service fund, to be supported by all providers of telephone
services, whether or not they are telephone companies under section 237.01, including, but
not limited to, local telephone companies, independent telephone companies, cooperative
telephone companies, municipal telephone companies, telecommunications carriers,
radio common carriers, personal communication service providers, and cellular carriers.
Services that should be considered for inclusion as universal include, at a minimum,
single-party service including access, usage and touch-tone capability; line quality
capable of carrying facsimile and data transmissions; equal access; emergency services
number capability; statewide telecommunications relay service for people with hearing
loss; and blocking of long-distance toll services. The fund must be administered and
distributed in accordance with rules adopted by the commission and designed to preserve
the availability of universal service throughout the state. Any state universal service fund
must be coordinated with any federal universal service fund and be consistent with section
254(b)(1) to (5) of the federal Telecommunications Act of 1996, Public Law 104-104. deleted text begin The
department shall make recommendations to the legislature by January 1, 1996, regarding a
plan for contributions to and expenditures from the universal service fund. In particular,
the department shall address the following issues:
deleted text end

deleted text begin (1) what additional services should be included in the basic set of essential telephone
services which the state should encourage in its mandate to ensure universal service;
deleted text end

deleted text begin (2) whether and how expenditures from the fund should be used to ensure citizens
access to local government and other public access programming; and
deleted text end

deleted text begin (3) whether expenditures from the fund should be used to encourage construction
of infrastructure for, and access to, advanced services, especially in high-cost areas of
the state, and, if the commission determines the fund should be used for this purpose, a
plan to accomplish these goals.
deleted text end

Sec. 6.

Minnesota Statutes 2012, section 237.16, subdivision 12, is amended to read:

Subd. 12.

Extension of interexchange facility.

In order to promote the
development of competitive interexchange services and facilities, any interexchange
facility that is owned by a certified telephone company, independent telephone company,
telecommunications carrier or an affiliate and that is used to provide service to customers
located in areas for which it has been previously certified to provide service may be
extended to meet and interconnect with the facility of another telephone company, small
telephone company, or telecommunications carrier, whether at a point inside or outside
of its territories, without further proceeding, order, or determination of current or future
public convenience and necessity, upon mutual consent with the other telephone company,
small telephone company, or telecommunications carrier whose facilities will be met and
interconnected. Written notice of the extension and interconnection must be provided to
the Public Utilities Commission and Department of Public Safety within 30 days after
completion. The written notice must be served on all new text begin incumbent new text end local exchange companies
deleted text begin certified before January 1, 1988, deleted text end in all areas where the facilities are located.

Sec. 7.

Minnesota Statutes 2012, section 237.164, is amended to read:

237.164 UNIVERSAL SERVICE DISCOUNT FOR SCHOOL OR LIBRARY.

The commission shall establish intrastate service discounts for schools and libraries
by order to the extent deleted text begin and within the time frame deleted text end necessary to enable schools and libraries
to deleted text begin begin receiving deleted text end new text begin receive new text end federally supported discounts deleted text begin at the earliest date permitted by
the Federal Communications Commission deleted text end .

Sec. 8.

Minnesota Statutes 2012, section 237.17, is amended to read:

237.17 EXTENSION OF LONG-DISTANCE LINE.

Any telephone company may extend its long-distance lines into or through any city
of this state for the furnishing of long-distance service only, subject to deleted text begin the regulation of
the governing body of such city relative to the location of the poles and wires and the
preservation of the safe and convenient use of such streets and alleys to the public deleted text end new text begin sections
237.162 and 237.163 new text end .

Sec. 9.

Minnesota Statutes 2012, section 237.30, is amended to read:

237.30 TELEPHONE INVESTIGATION FUND; APPROPRIATION.

deleted text begin The sum of $25,000 is hereby appropriated out of any moneys in the state treasury
not otherwise appropriated, to establish and provide a revolving fund to be known as the
deleted text end new text begin A new text end Minnesota Telephone Investigation Fund new text begin shall exist new text end for the use of the Department of
Commerce and of the attorney general in investigations, valuations, and revaluations
under section 237.295. All sums paid by the telephone companies to reimburse the
department for its expenses pursuant to section 237.295 shall be credited to the revolving
fund and shall be deposited in a separate bank account and not commingled with any other
state funds or moneys, but any balance in excess of $25,000 in the revolving fund at the
end of each fiscal year shall be paid into the state treasury and credited to the general fund.
deleted text begin The sum of $25,000 herein appropriated and deleted text end All subsequent credits to said revolving fund
shall be paid upon the warrant of the commissioner of management and budget upon
application of the department or of the attorney general to an aggregate amount of not
more than one-half of such sums to each of them, which proportion shall be constantly
maintained in all credits and withdrawals from the revolving fund.

Sec. 10.

Minnesota Statutes 2012, section 237.46, is amended to read:

237.46 GROSS MISDEMEANOR VIOLATION.

Any telephone company new text begin or telecommunications carrier new text end and, if it be a corporation,
the officers thereof, violating any provisions of deleted text begin sections 237.01 to 237.27, deleted text end new text begin this chapter
new text end shall be guilty of a gross misdemeanor.

Sec. 11.

Minnesota Statutes 2012, section 237.491, is amended to read:

237.491 COMBINED PER NUMBER FEE.

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

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

(c) "Minnesota telephone number" means a ten-digit telephone number being used
to connect to the public switched telephone network and starting with area code 218, 320,
507, 612, 651, 763, or 952, or any subsequent area code assigned to this state.

(d) "Service provider" means a provider doing business in this state who provides
real-time, two-way voice service with a Minnesota telephone number.

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

(f) "Telephone assistance program" means the program governed by sections 237.69
to deleted text begin 237.711 deleted text end new text begin 237.71 new text end .

Subd. 2.

Per number fee.

(a) deleted text begin By January 15, 2006, the commissioner of commerce
shall report to the legislature and to the senate Committee on Jobs, Energy and Community
Development and the house of representatives Committee on Regulated Industries,
recommendations for the amount of and method for assessing a fee that would apply to
each service provider based upon the number of Minnesota telephone numbers in use by
current customers of the service provider. deleted text end new text begin Annually, the commission shall set new text end the fee
would be set at a level calculated to generate only the amount of revenue necessary to fund:

(1) the telephone assistance program and the telecommunications access Minnesota
program at the levels established by the commission under sections 237.52, subdivision
2, and 237.70; and

(2) the 911 emergency and public safety communications program at the levels
appropriated by law to the commissioner of public safety and the commissioner of
management and budget for purposes of sections 403.11, 403.113, 403.27, 403.30, and
403.31 for each fiscal year.

(b) The recommendations must include any changes to Minnesota Statutes necessary
to establish the procedures whereby each service provider, to the extent allowed under
federal law, would collect and remit the fee proceeds to the commissioner of revenue. The
commissioner of revenue would allocate the fee proceeds to the three funding areas in
paragraph (a) and credit the allocations to the appropriate accounts.

(c) deleted text begin The recommendations must be designed to allow the combined per telephone
number fee to be collected beginning July 1, 2006. deleted text end The per access line fee used to collect
revenues to support the TAP, TAM, and 911 programs remains in effect until the statutory
changes necessary to implement the per telephone number fee have been enacted into
law and taken effect.

deleted text begin (d) As part of the process of developing the recommendations and preparing the
report to the legislature required under paragraph (a), the commissioner of commerce
must, at a minimum, consult regularly with the Departments of Public Safety, Management
and Budget, and Administration, the Public Utilities Commission, service providers,
the chairs and ranking minority members of the senate and house of representatives
committees, subcommittees, and divisions having jurisdiction over telecommunications
and public safety, and other affected parties.
deleted text end

Sec. 12.

Minnesota Statutes 2012, section 237.69, subdivision 1, is amended to read:

Subdivision 1.

Scope.

The terms used in sections 237.69 to deleted text begin 237.711 deleted text end new text begin 237.71 new text end have
the meanings given them in this section.

Sec. 13.

Minnesota Statutes 2012, section 237.69, subdivision 15, is amended to read:

Subd. 15.

Income.

For purposes of sections 237.69 to deleted text begin 237.711 deleted text end new text begin 237.71 new text end , "income"
has the meaning given it in section 290A.03, subdivision 3.

Sec. 14.

Minnesota Statutes 2012, section 237.69, subdivision 16, is amended to read:

Subd. 16.

Telephone assistance plan.

"Telephone assistance plan" means the plan
to be adopted by the commission and to be jointly administered by the commission, the
Department of Human Services, and the telephone companies, as required by sections
237.69 to deleted text begin 237.711 deleted text end new text begin 237.71 new text end .

Sec. 15.

Minnesota Statutes 2012, section 237.71, is amended to read:

237.71 TAP RULES.

The commission shall adopt rules under the Administrative Procedure Act necessary
or appropriate to deleted text begin establish deleted text end new text begin administer new text end the telephone assistance plan in accordance with
this chapter deleted text begin so that the telephone assistance plan is effective as of January 1, 1988, or as
soon after that date as Federal Communications Commission approval of the telephone
assistance plan is obtained deleted text end .

Sec. 16.

Minnesota Statutes 2012, section 270B.14, subdivision 1, is amended to read:

Subdivision 1.

Disclosure to commissioner of human services.

(a) On the request
of the commissioner of human services, the commissioner shall disclose return information
regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to
the extent provided in paragraph (b) and for the purposes set forth in paragraph (c).

(b) Data that may be disclosed are limited to data relating to the identity,
whereabouts, employment, income, and property of a person owing or alleged to be owing
an obligation of child support.

(c) The commissioner of human services may request data only for the purposes of
carrying out the child support enforcement program and to assist in the location of parents
who have, or appear to have, deserted their children. Data received may be used only
as set forth in section 256.978.

(d) The commissioner shall provide the records and information necessary to
administer the supplemental housing allowance to the commissioner of human services.

(e) At the request of the commissioner of human services, the commissioner of
revenue shall electronically match the Social Security numbers and names of participants
in the telephone assistance plan operated under sections 237.69 to deleted text begin 237.711 deleted text end new text begin 237.71 new text end , with
those of property tax refund filers, and determine whether each participant's household
income is within the eligibility standards for the telephone assistance plan.

(f) The commissioner may provide records and information collected under sections
295.50 to 295.59 to the commissioner of human services for purposes of the Medicaid
Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law
102-234. Upon the written agreement by the United States Department of Health and
Human Services to maintain the confidentiality of the data, the commissioner may provide
records and information collected under sections 295.50 to 295.59 to the Centers for
Medicare and Medicaid Services section of the United States Department of Health and
Human Services for purposes of meeting federal reporting requirements.

(g) The commissioner may provide records and information to the commissioner of
human services as necessary to administer the early refund of refundable tax credits.

(h) The commissioner may disclose information to the commissioner of human
services necessary to verify income for eligibility and premium payment under the
MinnesotaCare program, under section 256L.05, subdivision 2.

(i) The commissioner may disclose information to the commissioner of human
services necessary to verify whether applicants or recipients for the Minnesota family
investment program, general assistance, food support, Minnesota supplemental aid
program, and child care assistance have claimed refundable tax credits under chapter 290
and the property tax refund under chapter 290A, and the amounts of the credits.

(j) The commissioner may disclose information to the commissioner of human
services necessary to verify income for purposes of calculating parental contribution
amounts under section 252.27, subdivision 2a.

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 237.068; 237.16, subdivisions 10, 11, and 13;
237.18; 237.33; 237.34; 237.35; 237.36; 237.37; 237.38; 237.39; 237.40; 237.44; 237.45;
237.47; 237.67; 237.711; and 237.80, subdivision 1, new text end new text begin are repealed.
new text end