HF 3247

as introduced - 88th Legislature (2013 - 2014) Posted on 03/20/2014 02:10pm

A bill for an act
relating to telecommunications; modifying rate case procedures; standardizing
consumer billing practices; requiring intrastate call completion; simplifying
certification procedures; removing antiquated or obsolete provisions; amending
Minnesota Statutes 2012, sections 237.01, by adding subdivisions; 237.02;
237.035; 237.04; 237.075, subdivision 1; 237.081, subdivisions 1, 2, 4; 237.12,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 237; repealing Minnesota Statutes 2012, sections 237.03; 237.068;
237.072; 237.075, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11; 237.21; 237.22;
237.411; 237.44; 237.45; 237.57; 237.59, subdivisions 1, 1a, 2, 3, 4, 5, 6, 8, 9,
10; 237.64, subdivision 2; 237.67; 237.75; 237.76; 237.761; 237.762; 237.763;
237.764; 237.765; 237.766; 237.767; 237.768; 237.769; 237.770; 237.771;
237.772; 237.773, subdivisions 1, 2, 3, 4; 237.774; 237.775; 237.80.

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

Section 1.

Minnesota Statutes 2012, section 237.01, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Basic services. new text end

new text begin "Basic services" means telecommunications services
provided to residential customers and to business customers subscribing to three or fewer
business lines.
new text end

Sec. 2.

Minnesota Statutes 2012, section 237.01, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Local service. new text end

new text begin "Local service" means wire-line access to
telecommunications service enabling the customer to originate calls to, and receive calls
from, telephone numbers assigned under the North American Numbering Plan. Local
service does not include interexchange service.
new text end

Sec. 3.

Minnesota Statutes 2012, section 237.01, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Switched access rates. new text end

new text begin "Switched access rates" means any charge by a
local service provider assessed to an interexchange carrier for the ability to originate or
terminate interexchange telecommunications traffic to or from the called party's premises.
new text end

Sec. 4.

Minnesota Statutes 2012, section 237.01, is amended by adding a subdivision
to read:

new text begin Subd. 5b. new text end

new text begin Telecommunications. new text end

new text begin "Telecommunications" means the transmission of
information of the user's choosing between or among points specified by the user without
change in the form or content of the information as sent and received.
new text end

Sec. 5.

Minnesota Statutes 2012, section 237.01, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Telecommunications service provider. new text end

new text begin "Telecommunications service
provider" means a provider of wire-line service, packet-based service, data service, or any
other telecommunications service that provides a customer with the ability to originate
or terminate calls using the North American Numbering Plan, including but not limited
to telephone companies and telecommunications carriers.
new text end

Sec. 6.

Minnesota Statutes 2012, section 237.01, is amended by adding a subdivision
to read:

new text begin Subd. 6b. new text end

new text begin Telecommunications services. new text end

new text begin "Telecommunications services" means
the offering of telecommunications for a fee directly to the public or to such classes of
users as to be effectively available to the public regardless of the facilities used.
new text end

Sec. 7.

Minnesota Statutes 2012, section 237.01, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Wholesale transport provider. new text end

new text begin "Wholesale transport provider" means a
person, firm, association, or corporation that carries, delivers, routes, or transports any
telecommunications service, regardless of the technology used, on behalf of a telephone
company or telecommunications carrier or another wholesale transport provider, but is not
certified in Minnesota to provide retail telecommunications service to the public.
new text end

Sec. 8.

Minnesota Statutes 2012, section 237.02, is amended to read:

237.02 GENERAL AUTHORITY OF DEPARTMENT AND COMMISSION;
DEFINITIONS.

The Department of Commerce and the Public Utilities Commission are hereby
vested with deleted text begin the same deleted text end jurisdiction and supervisory power over telephone deleted text begin and deleted text end new text begin companies,
new text end telecommunications deleted text begin companies deleted text end new text begin carriers, telecommunications service providers, and
wholesale transport providers new text end doing business in this state as deleted text begin the commission's predecessor,
the railroad and warehouse commission, had over railroad and express companies
deleted text end new text begin provided in this chapter new text end . The definitions set forth in sections 216A.02 and 216B.02 also
apply to this chapter.

Sec. 9.

Minnesota Statutes 2012, section 237.035, is amended to read:

237.035 TELECOMMUNICATIONS CARRIER EXEMPTION.

(a) Telecommunications carriers are subject to regulation under this chapter only to
the extent required under paragraphs (b) to (e).

(b) Telecommunications carriers shall comply with sections 237.121 and 237.74.

(c) Telecommunications carriers shall comply with section 237.16, subdivisions
8 and 9.

(d) To the extent a telecommunications carrier offers local service, it shall obtain a
certificate under section 237.16 for that local service.

(e) In addition, a telecommunications carrier's local service is subject to this chapter
deleted text begin except that: deleted text end new text begin .
new text end

deleted text begin (1) a telecommunications carrier is not subject to rate-of-return or earnings
investigations under section 237.075 or 237.081; and
deleted text end

deleted text begin (2) a telecommunications carrier is not subject to section 237.22.
deleted text end

Sec. 10.

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

237.04 WIRE CROSSING OR PARALLELING UTILITY LINE; RULES.

(a) deleted text begin The department 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 deleted text end The department, 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. 11.

Minnesota Statutes 2012, section 237.075, subdivision 1, is amended to read:

Subdivision 1.

Notice.

Unless the commission otherwise orders, no telephone
company shall deleted text begin change deleted text end new text begin increase new text end a rate deleted text begin which has been duly established under this chapter,
deleted text end new text begin for basic services or switched access services new text end except upon 60 days' notice to deleted text begin the deleted text end new text begin customers,
the department, and the new text end commission. The notice shall deleted text begin include statements of facts, expert
opinions, substantiating documents, and exhibits, supporting the change requested, and
deleted text end state the change proposed to be made in the rates then in force and the time when the
modified rates will go into effect. deleted text begin The filing telephone company shall give written notice,
as approved by the commission, of the proposed change to the governing body of each
municipality and county in the area affected. All proposed changes shall be shown by
filing new schedules or shall be plainly indicated upon schedules on file and in force at
the time. deleted text end new text begin A telephone company may give notice to its customers by the same means
used to bill the customer, including by e-mail or other electronic means, or by any other
reasonable means that provides actual notice to the customer. Customer notices for
increases of intrastate rates must include as a heading "NOTICE OF PRICE INCREASE."
All proposed changes shall be shown on the telephone company's tariff. Any proposed
increase to switched access rates shall include an explanation stating how the increase is
consistent with federal law. All purchasers of switched access shall be charged the rate
listed in the provider's price list and shall pay for switched access at that rate.
new text end

Sec. 12.

new text begin [237.077] SCHEDULES; TARIFFS.
new text end

new text begin Subdivision 1. new text end

new text begin Filing requirements. new text end

new text begin Except as set forth in this section,
telecommunications service providers are not required to maintain or file any rate
schedule, tariff, contract, or agreement with the commission.
new text end

new text begin Subd. 2. new text end

new text begin General provisions applicable to all tariffs. new text end

new text begin Any tariff filed with the
commission in accordance with this chapter must include all terms, conditions, rates, and
charges that apply to the services specified in the tariff.
new text end

new text begin Subd. 3. new text end

new text begin Tariff. new text end

new text begin (a) Any telecommunications service provider that offers intrastate
switched access services shall maintain on file with the commission a tariff containing
the terms, conditions, rates, and charges the telecommunications service provider has
established for intrastate switched access services.
new text end

new text begin (b) Every local exchange carrier that provides basic telecommunications service
shall maintain on file with the commission a tariff containing the terms, conditions, rates,
and charges for that service.
new text end

new text begin (c) Subject to any applicable notice to end users required by this chapter, a telephone
company tariff becomes effective 60 days after it is filed with the commission.
new text end

new text begin (d) A person who objects to a tariff shall file an objection within 30 days of the filing
of the tariff. The person filing the tariff may reply to the objection within five days of
the filing of the objection.
new text end

new text begin (e) The commission shall review the tariff, the objection, and the reply within 60
days of the filing of the tariff and shall issue an order approving the tariff or order that
a contested case hearing be conducted under chapter 14.
new text end

Sec. 13.

Minnesota Statutes 2012, section 237.081, subdivision 1, is amended to read:

Subdivision 1.

Commission investigation.

Whenever the commission believes
that a service is inadequate or cannot be obtained or that an investigation of any matter
relating to any telephone service should for any reason be made, it may on its own motion
investigate the service or matter with or without notice, except that the commission shall
give notice to a telephone company before it investigates the level of rates new text begin for basic or
wholesale telecommunications services new text end charged by the company.

Sec. 14.

Minnesota Statutes 2012, section 237.081, subdivision 2, is amended to read:

Subd. 2.

Procedure after investigation.

(a) If, after making an investigation under
subdivision 1 or 1a, the commission finds that a significant factual issue raised has not
been resolved to its satisfaction, deleted text begin the commission shall follow the appropriate procedure
prescribed by this subdivision.
deleted text end

deleted text begin (b) For an investigation concerning the reasonableness of the rates for noncompetitive
services of a telephone company whose general revenue requirement is determined under
section 237.075, the commission shall order the company to initiate a rate proceeding in
accordance with section 237.075. The commission shall allow the company at least 120
days after the date of the commission's order to initiate the proceeding.
deleted text end

deleted text begin (c) For other investigations, deleted text end the commission shall order that a contested case hearing
be conducted under chapter 14 unless the complainant, the telephone company, and the
commission agree that an expedited hearing under section 237.61 is appropriate.

Sec. 15.

Minnesota Statutes 2012, section 237.081, subdivision 4, is amended to read:

Subd. 4.

Establishment of rate and price.

Whenever the commission finds,
after a proceeding under subdivision 2, that (1) a service that can be reasonably
demanded cannot be obtained, (2) that any rate, toll, tariff, charge, or schedule, or any
regulation, measurement, practice, act, or omission affecting or relating to the production,
transmission, delivery, or furnishing of telephone service or any service in connection with
telephone service, is in any respect deleted text begin unreasonable, insufficient, or unjustly discriminatory
deleted text end new text begin contrary to the requirements of this chapter new text end , or (3) that any service is inadequate, the
commission shall make an order respecting the tariff, regulation, act, omission, practice,
or service that is just and reasonable and, if applicable, shall establish just and reasonable
rates and prices new text begin for basic or wholesale services new text end .

Sec. 16.

new text begin [237.102] CUSTOMER BILLING.
new text end

new text begin (a) Bills to customers from telecommunications service providers shall be rendered
regularly, and shall contain an itemized listing of all charges and the period of time
covered by the billing. Taxes and fees collected and remitted as mandated by law shall be
separately identified, itemized, and distinguished from the service charges on the bill.
new text end

new text begin (b) All bills shall contain an explanation of the charges in plain language. Bills shall
include a company telephone number the customer may contact with billing questions or
concerns. Each bill shall also provide the Public Utility Commission's telephone number.
new text end

new text begin (c) Charges billed to a customer shall not exceed the price stated in any related
offers or advertisements as the regular price for the service, including any fractional
monthly amounts, with the exception of taxes and fees collected and remitted for required
government programs.
new text end

new text begin (d) Any rates, charges, or fees collected by the telecommunications service provider
that are not required to be remitted by state or federal law and that are not included in the
telecommunications service provider's price list shall not be charged to the customer,
unless otherwise approved by the commission.
new text end

new text begin (e) Customers shall not be assessed an additional charge or fee to obtain a paper bill.
new text end

Sec. 17.

Minnesota Statutes 2012, section 237.12, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Discontinuance for nonpayment. new text end

new text begin (a) Except as otherwise provided in
an interconnection agreement or contract, in the event an interexchange carrier or a local
exchange carrier fails to pay full compensation to a local exchange carrier for services
and a written dispute has not been registered between the companies, the local exchange
carrier may discontinue accepting traffic from the alleged nonpaying carrier after the local
exchange carrier provides to the commission, the department, and the nonpaying carrier
30 days' notice of intent to discontinue service. The notice to the department shall indicate
whether the discontinuance will result in the disruption of service to end users or others
and what steps will be taken, if any, to prevent such disruption.
new text end

new text begin (b) Any person objecting to the discontinuance shall file an objection with the
commission within 30 days of notice of intent to disconnect. If an objection is filed,
the department shall investigate and recommend to the commission whether public
convenience requires continued service to the other carrier and, if so, the recommended
compensation, terms, and conditions of the continuance of service between the companies.
A carrier objecting to the discontinuance must pay all undisputed charges while the
objection is being considered.
new text end

new text begin (c) If no objection is filed within 30 days, the discontinuance shall be deemed
approved and the local exchange carrier may discontinue service.
new text end

Sec. 18.

new text begin [237.131] INTRASTATE CALL ROUTING; CERTAIN PRACTICES
PROHIBITED.
new text end

new text begin (a) Telecommunications service providers shall not participate in the adoption or
perpetuation of intrastate call routing practices that result in the blocking, restriction,
or interference with the completion of calls to certain telephone exchanges, for the
purpose of avoiding the terminating access rates of those exchanges. All contracts,
agreements, or arrangements with underlying providers to deliver traffic on behalf of the
telecommunications service provider shall not contain terms that are inconsistent with
this section.
new text end

new text begin (b) A telecommunications service provider shall not knowingly contract with a
wholesale transport provider that is not registered with the commission.
new text end

new text begin (c) For calls that are not completed within ten seconds, the telephone company must
provide the caller with a message stating the call is being processed. This requirement
applies regardless of whether a ringtone is used by the originating provider while the
call is being processed.
new text end

new text begin (d) Upon learning a call has failed to terminate, the service provider for the customer,
whether for the called or calling customer, shall:
new text end

new text begin (1) determine the reason for the failure;
new text end

new text begin (2) notify the affected called and calling customers; and
new text end

new text begin (3) report to the commission or department that the failure occurred and the actions
taken to correct the cause of the failure.
new text end

new text begin (e) A telecommunications service provider shall be liable under this section and is
subject to section 237.461 for the actions of an underlying provider used to deliver traffic
on its behalf if:
new text end

new text begin (1) the underlying provider is an agent, contractor, or subcontractor of the
telecommunications service provider, or is employed by the telecommunications service
provider; and
new text end

new text begin (2) the telecommunications service provider knew or should have known of the
underlying carrier's actions.
new text end

Sec. 19.

new text begin [237.132] REGISTRATION OF WHOLESALE TRANSPORT
PROVIDERS.
new text end

new text begin (a) A wholesale transport provider shall file a registration with the commission that
includes the company name, address, a contact name, and a telephone number that will
be answered 24 hours each day, seven days a week, to address any failures of calls to
complete within Minnesota. The contacts provided by each entity should be well-versed
in the subject matter of call routing and call completion. Wholesale transport providers are
subject to regulation under this chapter only to the extent required under section 237.131.
new text end

new text begin (b) The department shall maintain a contact list of all registered wholesale transport
service providers on its Web site to enable expeditious resolution of any call routing and
call completion problems involving wholesale transport providers.
new text end

new text begin (c) Wholesale transport providers shall update their registration information when
changes occur, but no less than annually.
new text end

Sec. 20.

new text begin [237.84] CERTIFICATION, REGISTRATION, AND MAPPING.
new text end

new text begin Subdivision 1. new text end

new text begin Application for certificate of authority. new text end

new text begin Before a
telecommunications service provider may offer retail or wholesale telecommunications
services to the public in Minnesota, the telecommunications service provider must receive
a certificate of authority from the commission. The commission shall issue a certificate of
authority within 60 days after receipt of a complete application, unless it makes a finding
that issuance of a certificate is contrary to the public interest. A telecommunications service
provider seeking a certificate of authority under this chapter shall submit an application on
a form prescribed by the commission. If a telecommunications service provider's submitted
application is incomplete, the commissioner may deny the application or suspend the
60-day period until it finds that a complete application has been filed. The form must
require the telecommunications service provider to provide the following information:
new text end

new text begin (1) the legal name of the telecommunications service provider and any name under
which the telecommunications service provider does or will do business in Minnesota, as
authorized by the secretary of state;
new text end

new text begin (2) a certification from the secretary of state authorizing the telecommunications
service provider to do business in Minnesota;
new text end

new text begin (3) the address and telephone number of the telecommunications service provider,
along with contact information for the person responsible for ongoing communication
with the commission;
new text end

new text begin (4) the legal name, address, and telephone number of the parent company of the
telecommunications service provider, if any;
new text end

new text begin (5) a description of each service area in Minnesota in which the telecommunications
service provider proposes to offer telecommunications service;
new text end

new text begin (6) a list of other states in which the telecommunications service provider offers
telecommunications service, including the type of telecommunications service offered;
new text end

new text begin (7) information demonstrating the financial, managerial, and technical ability of
the telecommunications service provider to provide telecommunications service in
Minnesota; and
new text end

new text begin (8) verification that the telecommunications service provider's 911 plan has been
approved.
new text end

new text begin Subd. 2. new text end

new text begin Fees. new text end

new text begin The commission may collect from the applicant a filing fee not to
exceed $2,000, charged at the time an application is filed under this section.
new text end

Sec. 21. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor shall make necessary technical cross-reference changes in Minnesota
Statutes and Minnesota Rules consistent with the repealer in section 22.
new text end

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 237.03; 237.068; 237.072; 237.075, subdivisions
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11; 237.21; 237.22; 237.411; 237.44; 237.45; 237.57;
237.59, subdivisions 1, 1a, 2, 3, 4, 5, 6, 8, 9, and 10; 237.64, subdivision 2; 237.67;
237.75; 237.76; 237.761; 237.762; 237.763; 237.764; 237.765; 237.766; 237.767;
237.768; 237.769; 237.770; 237.771; 237.772; 237.773, subdivisions 1, 2, 3, and 4;
237.774; 237.775; and 237.80, new text end new text begin are repealed.
new text end