SF 926

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

A bill for an act
relating to telecommunications; modifying provisions relating to reduced rate
regulation and promotion activities; amending Minnesota Statutes 2008, sections
237.411, subdivision 2; 237.626; repealing Laws 2004, chapter 261, article 6,
section 5, as amended.

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

Section 1.

Minnesota Statutes 2008, section 237.411, subdivision 2, is amended to read:

Subd. 2.

Competitive area; defined.

A "competitive area" is an exchange located deleted text begin :
deleted text end

deleted text begin (1) in the metropolitan area extended area service toll-free calling area; or
deleted text end

deleted text begin (2) in the cities of Duluth or St. Cloud deleted text end new text begin in Minnesota new text end .

Sec. 2.

Minnesota Statutes 2008, section 237.626, is amended to read:

237.626 PROMOTION ACTIVITIES.

Subdivision 1.

Promotions.

A telephone company new text begin or telecommunications carrier new text end
may promote the use of its services by offering a waiver of part or all of a recurring or a
nonrecurring charge, a redemption coupon, or a premium with the purchase of a service.
Section 237.09 does not apply to promotions under this section, but the customer group
to which the promotion is available must be based on reasonable distinctions among
customers. deleted text begin No single promotion may be effective for longer than 90 days at a time. The
benefits to a particular customer of a promotion must not extend beyond nine months. deleted text end
The service being promoted must have a price that is above the incremental cost of the
service, including amortized cost of the promotion. A promotion may take effect the
day after the notice is filed with the commission. The notice must identify customers
to whom the promotion is available. deleted text begin A telephone company is not required to file cost
information except upon request of the department, the Office of the Attorney General, or
the commission to determine if a promotion complies with applicable legal requirements.
Within five business days of receipt of a request pursuant to this subdivision, or an order
of the commission, the telephone company shall provide the requested cost information
demonstrating the service being promoted has a price above the incremental cost of
service to the Office of the Attorney General, the department, and the commission. The
telephone company shall file this cost information with the commission soon thereafter.
deleted text end

Subd. 2.

Bundled service.

(a) A telephone company new text begin or telecommunications
carrier new text end may offer telecommunications services subject to the regulatory jurisdiction of the
commission as part of a package of services that may include goods and services other
than those subject to the commission's regulatory jurisdiction. Subject to the requirements
of this chapter and the associated rules and orders of the commission applicable to those
regulated services, a telephone company may establish the prices, terms, and conditions of
a package of services, except that:

(1) each telecommunications service subject to the regulatory jurisdiction of the
commission must be available to customers on a stand-alone basis; new text begin and
new text end

(2) at the time the packaged offering is introduced or at the time the packaged price
is subsequently changed, the packaged rate or price may not exceed the sum of the
unpackaged rates or prices for the individual service elements or services deleted text begin ; and
deleted text end

deleted text begin (3) in addition to the tariff requirements that apply to the telecommunications
elements of the package, the tariff must also contain a general description of the
nontelecommunications components of the package deleted text end .

(b) Nothing in this subdivision is intended to extend or diminish the regulatory
authority of the commission or the department.

new text begin Subd. 3. new text end

new text begin Promotions available for resale. new text end

new text begin Any promotional offering lasting more
than 90 days and filed with the commission under subdivision 1 must be available to
qualifying carriers for resale. A qualifying carrier must hold a certificate of authority
from the commission and must have an approved interconnection agreement with the
company offering the promotion, the terms of which include language governing the
resale of services.
new text end

Sec. 3. new text begin RULES SUPERSEDED.
new text end

new text begin Any provisions of Minnesota Rules, parts 7811.2210, subpart 6, and 7812.2210,
subpart 6, that are inconsistent with the amendments made in section 2 are superseded and
are not applicable to competitive local exchange carriers.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Laws 2004, chapter 261, article 6, section 5, as amended by Laws 2005, chapter 10,
article 1, section 80, new text end new text begin is repealed.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective the day following final enactment.
new text end