SF 1370

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to telecommunications; providing for
standardized provider contracts; proposing coding for
new law in Minnesota Statutes, chapter 237.

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

Section 1.

new text begin [237.82] CONTRACT FOR THE PROVISION OF
SERVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Commission to develop standards. new text end

new text begin (a) By
July 1, 2006, the commission shall, by rule or order, develop
standards for contracts under which a service provider may
choose to offer service to Minnesota residential and business
customers. A contract under this section may be offered in lieu
of a tariff filed at the commission if a tariff would otherwise
be required under this chapter.
new text end

new text begin (b) For the purposes of this section, "service provider"
means a provider of real time, two-way voice service using
numbers allocated for Minnesota assigned by the North American
Numbering Plan Administration to interconnect with the public
switched telephone network.
new text end

new text begin Subd. 2. new text end

new text begin Consumer protection requirements. new text end

new text begin A contract
offered under this section must comply with all Minnesota laws
governing contracts and provide at least the following consumer
protections:
new text end

new text begin (1) detailed disclosure of the rates and terms of service,
including activation or initiation fees; monthly access fees or
base charges; any required contract term; early termination
fees; whether prices or benefits apply only for a limited time,
and if so, the fees or charges to be paid for the remainder of
the contract term; and whether any additional taxes, fees, or
surcharges apply;
new text end

new text begin (2) a trial period for new service and clear disclosure of
the terms and conditions of the trial period;
new text end

new text begin (3) confirmation by the customer of changes in material
terms and conditions of service and the customer's right to
terminate for those changes;
new text end

new text begin (4) a clear and separate identification of telephone
company charges from government-imposed taxes and fees on
billing statements;
new text end

new text begin (5) easy access to customer service;
new text end

new text begin (6) specific complaint resolution guidelines and a
prohibition of mandatory arbitration requirements;
new text end

new text begin (7) protection of the customer's personal information and
privacy; and
new text end

new text begin (8) compliance with the federal Communications Assistance
for Law Enforcement Act.
new text end

new text begin Subd. 3. new text end

new text begin Other requirements. new text end

new text begin In addition to the
requirements for the protection of consumers under subdivision
2, the contract must provide for reasonable and appropriate
contributions for the 911 emergency response system; the
telephone assistance plan and telecommunications access
Minnesota programs; and telecommunications regulatory fees, as
well as for reasonable intercarrier compensation and financial
support for the public switched telephone network.
new text end

new text begin Subd. 4. new text end

new text begin Election requirements and regulatory
forbearance. new text end

new text begin For each type of service provider that is subject
to this chapter, the commission's rule or order under this
section must specify the requirements under which that type of
provider may elect to offer service under a contract under this
section and the regulatory requirements under this chapter, such
as tariff filing and approval, for which the commission would
forbear from applying to service offered under the contract.
new text end

new text begin Subd. 5. new text end

new text begin Contract use; violation. new text end

new text begin (a) A specific
contract developed under subdivision 1 must be filed with the
commissioner of commerce ten days prior to being used by a
service provider to offer service under the contract. The
commissioner is initially responsible for resolving disputes
arising under contracts developed under this section, subject to
appeal to the commission.
new text end

new text begin (b) The commission shall rescind the ability of a service
provider to offer service under a contract pursuant to this
section upon a finding of a violation or violations of this
section or the contract, if the commission determines that doing
so is in the public interest.
new text end