SF 1085

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to utilities; authorizing cities to manage 
  1.3             public rights-of-way; authorizing the recovery of 
  1.4             costs and the imposition of reasonable compensation; 
  1.5             amending Minnesota Statutes 1996, section 237.16, 
  1.6             subdivision 1, and by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 237.16, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [NEW SERVICE, CERTIFICATE OF AUTHORITY.] 
  1.11  (a) For the purpose of bringing about fair and reasonable 
  1.12  competition for local exchange telephone services, the 
  1.13  commission has the exclusive authority to: 
  1.14     (1) authorize any person to construct telephone lines or 
  1.15  exchanges or to otherwise furnish local service to subscribers 
  1.16  in any municipality of this state, and to prescribe the terms 
  1.17  and conditions upon which construction or service delivery may 
  1.18  be carried on; and 
  1.19     (2) establish terms and conditions for the entry of 
  1.20  telephone service providers so as to protect consumers from 
  1.21  monopolistic practices and preserve the state's commitment to 
  1.22  universal service.  
  1.23     (b) No person shall provide telephone service in Minnesota 
  1.24  without first obtaining a determination that the person 
  1.25  possesses the technical, managerial, and financial resources to 
  1.26  provide the proposed telephone services and a certificate of 
  2.1   authority from the commission under terms and conditions the 
  2.2   commission finds to be consistent with fair and reasonable 
  2.3   competition, universal service, the provision of affordable 
  2.4   telephone service at a quality consistent with commission rules, 
  2.5   and the commission's rules.  
  2.6      (c) The commission shall make a determination on an 
  2.7   application for a certificate within 120 days of the filing of 
  2.8   the application.  
  2.9      (d) The governing body of any municipality or town shall 
  2.10  have the same powers of regulation which it now possesses with 
  2.11  reference to the location of poles, wires, and other equipment 
  2.12  or facilities on, below, or above the streets, alleys, or other 
  2.13  public grounds so as to prevent any interference with the safe 
  2.14  and convenient use of streets, alleys, and other public grounds 
  2.15  by the public. 
  2.16     (e) A telephone company or telecommunications carrier shall 
  2.17  provide for repair or restoration of streets, alleys, and other 
  2.18  public areas to their original condition if necessitated by the 
  2.19  installation or operation of telephone or telecommunications 
  2.20  carrier facilities. 
  2.21     Sec. 2.  Minnesota Statutes 1996, section 237.16, is 
  2.22  amended by adding a subdivision to read: 
  2.23     Subd. 1a.  [MUNICIPAL REGULATION.] (a) For the purpose of 
  2.24  providing fair and reasonable regulation of the use of the 
  2.25  public rights-of-way within municipalities for the benefit of 
  2.26  all users and the public, municipalities have the authority to: 
  2.27     (1) manage the public right-of-way, recover all direct and 
  2.28  indirect costs, require fair and reasonable compensation from 
  2.29  telecommunication providers on a competitively neutral basis for 
  2.30  use of public rights-of-way, and allocate the use of the limited 
  2.31  resources of the rights-of-way and grounds among all present and 
  2.32  prospective users; and 
  2.33     (2) exercise the powers provided for in sections 222.37, 
  2.34  300.03, and 300.04; provided, however, that no regulatory or 
  2.35  franchise provision may regulate competition for local exchange 
  2.36  services, local exchange service areas, universal service 
  3.1   requirements, local exchange systems, or their engineering with 
  3.2   respect to service, customer service, or customer rates. 
  3.3      (b) For the purposes of this section, the following terms 
  3.4   have the meanings given to them in this paragraph. 
  3.5      (1) "Manage the public right-of-way" means municipal 
  3.6   authority to do any or all of the following: 
  3.7      (i) establish installation and construction standards; 
  3.8      (ii) establish and define location and relocation 
  3.9   requirements for equipment and facilities; 
  3.10     (iii) establish coordination and timing requirements; 
  3.11     (iv) require registration and mapping information; 
  3.12     (v) require liability and insurance conditions; 
  3.13     (vi) establish permitting requirements for street 
  3.14  excavation and obstruction; and 
  3.15     (vii) require nonexclusive franchises; provided, however, 
  3.16  that no regulatory or franchise provision may regulate 
  3.17  competition for local exchange services, local exchange services 
  3.18  or service areas, universal service requirements, local exchange 
  3.19  systems, or their engineering with respect to service, customer 
  3.20  service, or customer rates. 
  3.21     (2) "Direct and indirect costs" means municipal authority 
  3.22  to be reimbursed for any or all of the following costs: 
  3.23     (i) registration and administrative costs; 
  3.24     (ii) costs incurred by the municipality in moving, 
  3.25  maintaining, supporting, or protecting utility equipment during 
  3.26  street work; 
  3.27     (iii) costs incurred by the municipality associated with 
  3.28  street vacation proceedings; 
  3.29     (iv) costs incurred by the municipality in removing 
  3.30  abandoned utility equipment or facilities; 
  3.31     (v) street degradation costs associated with right-of-way 
  3.32  excavation; 
  3.33     (vi) municipal street restoration costs; 
  3.34     (vii) system management costs associated with high-density 
  3.35  corridors; 
  3.36     (viii) permit revocation costs; and 
  4.1      (ix) costs associated with the disruption of the public 
  4.2   right-of-way. 
  4.3      (3) "Fair and reasonable compensation" means compensation 
  4.4   to the municipality for the value associated with the use of a 
  4.5   public asset for private pecuniary gain. 
  4.6      Sec. 3.  [EFFECTIVE DATE.] 
  4.7      Sections 1 and 2 are effective the day following final 
  4.8   enactment.