HF 2983

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to telecommunications; providing for 
  1.3             nondiscriminatory intercarrier compensation; 
  1.4             authorizing rulemaking; proposing coding for new law 
  1.5             in Minnesota Statutes, chapter 237. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [237.82] [DEFINITIONS.] 
  1.8      Subdivision 1.  [SCOPE.] The definitions in this section 
  1.9   apply to this section and section 237.83. 
  1.10     Subd. 2.  [COMMERCIAL MOBILE RADIO SERVICE.] "Commercial 
  1.11  mobile radio service" has the meaning given in Code of Federal 
  1.12  Regulations, title 47, section 20.9. 
  1.13     Subd. 3.  [COMMISSION.] "Commission" means the Public 
  1.14  Utilities Commission. 
  1.15     Subd. 4.  [LOCAL TELECOMMUNICATIONS.] "Local 
  1.16  telecommunications" means: 
  1.17     (1) telecommunications originating in a wireline local 
  1.18  calling area, including extended area service areas, and 
  1.19  terminating in the same wireline local calling area or extended 
  1.20  area service area; or 
  1.21     (2) commercial mobile radio service that originates from or 
  1.22  terminates in a commercial mobile radio service provider within 
  1.23  the same major trading area, as defined in Code of Federal 
  1.24  Regulations, title 47, section 24.202, paragraph (a). 
  1.25     Subd. 5.  [NONLOCAL TELECOMMUNICATIONS.] "Nonlocal 
  2.1   telecommunications" means: 
  2.2      (1) wireline telecommunications traffic that originates in 
  2.3   one wireline local calling area and terminates in another 
  2.4   wireline local calling area; or 
  2.5      (2) commercial mobile radio service that originates in a 
  2.6   major trading area and terminates in a different major trading 
  2.7   area, as defined in Code of Federal Regulations, title 47, 
  2.8   section 24.202, paragraph (a). 
  2.9      Subd. 6.  [ORIGINATING CARRIER.] "Originating carrier" 
  2.10  means a telecommunications carrier upon whose network 
  2.11  telecommunications traffic originates. 
  2.12     Subd. 7.  [TELECOMMUNICATIONS.] "Telecommunications" means 
  2.13  transmission, between or among points specified by the user, of 
  2.14  information of the user's choosing without a change in the form 
  2.15  or content of the information upon receipt. 
  2.16     Subd. 8.  [TELECOMMUNICATIONS CARRIER; 
  2.17  CARRIER.] "Telecommunications carrier" or "carrier" means any 
  2.18  provider of telecommunications services.  A person providing 
  2.19  other products and services in addition to telecommunications 
  2.20  services is considered a telecommunications carrier only to the 
  2.21  extent that it is engaged in providing telecommunications 
  2.22  services.  "Telecommunications carrier" or "carrier" does not 
  2.23  mean an aggregator of telecommunications services as defined in 
  2.24  United States Code, title 47, section 226. 
  2.25     Subd. 9.  [TERMINATING CARRIER.] "Terminating carrier" 
  2.26  means a telecommunications carrier upon whose network 
  2.27  telecommunications traffic terminates. 
  2.28     Subd. 10.  [TRANSIT TRAFFIC.] "Transit traffic" means 
  2.29  telecommunications traffic that an originating carrier delivers 
  2.30  to a transiting carrier for delivery to another carrier for 
  2.31  further transport or termination. 
  2.32     Subd. 11.  [TRANSITING CARRIER.] "Transiting carrier" means 
  2.33  a telecommunications carrier that transports transit traffic for 
  2.34  delivery to another carrier for further transport or termination.
  2.35     Sec. 2.  [237.83] [NONDISCRIMINATORY INTERCARRIER 
  2.36  COMPENSATION.] 
  3.1      Subdivision 1.  [INFORMATION REQUIRED.] Originating 
  3.2   telecommunications traffic must include information enabling 
  3.3   other carriers to identify, measure, and bill the responsible 
  3.4   carrier for that traffic.  At a minimum, this information must 
  3.5   include the number of the calling party and identify the carrier 
  3.6   on whose network the traffic originated.  Transiting carriers 
  3.7   that forward originating traffic must ensure that information 
  3.8   from the originating carrier is passed to the terminating 
  3.9   carrier. 
  3.10     Subd. 2.  [BILLING RECORDS.] A transiting carrier must 
  3.11  provide complete billing records for all of its transit traffic 
  3.12  to the terminating carrier upon request.  These billing records 
  3.13  must enable the terminating carrier to identify, measure, and 
  3.14  appropriately charge for traffic that terminates on the 
  3.15  terminating carrier's network. 
  3.16     Subd. 3.  [INTERCONNECTION AGREEMENT.] A local exchange 
  3.17  carrier or commercial mobile radio services provider that 
  3.18  delivers telecommunications traffic to a terminating carrier, 
  3.19  directly or indirectly through a transiting carrier, must, upon 
  3.20  request of the terminating carrier, negotiate an interconnection 
  3.21  agreement with the terminating carrier.  The interconnection 
  3.22  agreement must include rates, terms, and conditions for 
  3.23  reciprocal compensation for the transport and termination of 
  3.24  local telecommunications traffic and rates, terms, and 
  3.25  conditions for the termination of nonlocal telecommunications 
  3.26  traffic.  The interconnection agreement must require that 
  3.27  originating telecommunications traffic include information 
  3.28  enabling the terminating carrier to identify, measure, and bill 
  3.29  the responsible party for that traffic. 
  3.30     Subd. 4.  [NONCOMPLYING TRAFFIC.] Carriers are not required 
  3.31  to accept traffic that lacks the required information enabling 
  3.32  the carrier to identify, measure, and bill for the traffic.  If 
  3.33  traffic that lacks this required identifying information is 
  3.34  delivered to a carrier, that carrier must be paid for the 
  3.35  traffic by the carrier that delivered the traffic to it or the 
  3.36  carrier may block the traffic. 
  4.1      Subd. 5.  [ENFORCEMENT.] A telecommunications carrier 
  4.2   providing telecommunications services in Minnesota may file a 
  4.3   complaint with the commission requesting enforcement of this 
  4.4   section, including enforcement of an agreement approved by the 
  4.5   commission.  Upon the filing of a complaint against an 
  4.6   originating carrier alleging that it has failed to transmit 
  4.7   required information with its originating telecommunications 
  4.8   traffic, the commission may authorize the transiting carrier or 
  4.9   the terminating carrier to refuse to accept traffic from the 
  4.10  originating carrier or the commission may authorize interim 
  4.11  payments.  Upon the filing of a complaint against a transiting 
  4.12  carrier, the commission may authorize the terminating carrier or 
  4.13  other transiting carrier to refuse to terminate traffic from the 
  4.14  transiting carrier.  The commission may order compensation to 
  4.15  the terminating carrier and may order other appropriate relief. 
  4.16     Subd. 6.  [RULES.] The commission shall adopt rules for the 
  4.17  implementation of this section within six months of the 
  4.18  effective date of this section.  The rules must provide for the 
  4.19  expedited resolution of complaints filed under this section.  
  4.20  The rules must identify what type of transit records must be 
  4.21  available and must determine the party responsible for the cost 
  4.22  of detailed call records. 
  4.23     Subd. 7.  [NONRETROACTIVITY.] This section does not affect 
  4.24  rights and duties that matured, penalties that were incurred, or 
  4.25  proceedings that were begun before its effective date.