SF 1533

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to telecommunications; expanding coverage 
  1.3             under telephone assistance plan; making technical and 
  1.4             clarifying changes; amending Minnesota Statutes 2000, 
  1.5             sections 237.49; 237.69, subdivision 5, and by adding 
  1.6             a subdivision; 237.70; and 237.701. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 237.49, is 
  1.9   amended to read: 
  1.10     237.49 [COMBINED LOCAL ACCESS SURCHARGE.] 
  1.11     Each local telephone company entity required to collect 
  1.12  surcharges under sections 237.52, subdivision 3; 237.70, 
  1.13  subdivision 6; and 403.11, subdivision 1, paragraph (c), shall 
  1.14  collect from each subscriber an amount per telephone access line 
  1.15  representing the total of the surcharges required under sections 
  1.16  237.52, 237.70, and 403.11.  Amounts collected must be remitted 
  1.17  to the department of administration in the manner prescribed in 
  1.18  section 403.11.  The department of administration shall divide 
  1.19  the amounts received proportional to the individual surcharges 
  1.20  and deposit them in the appropriate accounts.  A company or the 
  1.21  billing agent for a company shall list the surcharges as one 
  1.22  amount on a billing statement sent to a subscriber. 
  1.23     Sec. 2.  Minnesota Statutes 2000, section 237.69, 
  1.24  subdivision 5, is amended to read: 
  1.25     Subd. 5.  [ACCESS LINE.] "Access line" means telephone 
  1.26  company-owned facilities furnished to permit (1) switched access 
  2.1   to the telecommunications network that extend from a central 
  2.2   office to the demarcation point on the property where the 
  2.3   subscriber is served, (2) an end user to obtain high-speed 
  2.4   dialing line service, or (3) an end user to obtain resold 
  2.5   telephone service from another telephone service provider.  The 
  2.6   term includes access lines provided to residential and business 
  2.7   subscribers, and includes centrex access lines on a 
  2.8   trunk-equivalent basis, but does not include private nonswitched 
  2.9   or wide area telephone service access lines. 
  2.10     Sec. 3.  Minnesota Statutes 2000, section 237.69, is 
  2.11  amended by adding a subdivision to read: 
  2.12     Subd. 11.  [OTHER TELEPHONE SERVICE PROVIDER.] "Other 
  2.13  telephone service provider" or "another telephone service 
  2.14  provider" refers to telephone service provided on a high-speed 
  2.15  dialing line to the end user or a facility where multiple 
  2.16  residents reside in which the telephone line comes into the 
  2.17  facility and telephone service is resold to the end-user 
  2.18  residents. 
  2.19     Sec. 4.  Minnesota Statutes 2000, section 237.70, is 
  2.20  amended to read: 
  2.21     237.70 [DEVELOPMENT OF TELEPHONE ASSISTANCE PLAN.] 
  2.22     Subdivision 1.  [COMMISSION RESPONSIBILITY.] The commission 
  2.23  shall develop a telephone assistance plan under this section.  
  2.24     Subd. 2.  [SCOPE.] The telephone assistance plan must be 
  2.25  statewide and apply to telephone companies that provide local 
  2.26  exchange service in Minnesota and other telephone service 
  2.27  providers in the state.  
  2.28     Subd. 3.  [FEDERAL MATCHING PLAN.] The telephone assistance 
  2.29  plan must contain adequate provisions to enable telephone 
  2.30  companies to qualify for waiver of the federal interstate access 
  2.31  charge and to enable eligible telephone company subscribers and 
  2.32  other telephone service provider end users to take advantage of 
  2.33  the federal matching plan.  
  2.34     Subd. 4a.  [HOUSEHOLD ELIGIBLE FOR CREDIT.] The telephone 
  2.35  assistance plan must provide telephone assistance credit for a 
  2.36  residential household in Minnesota that meets each of the 
  3.1   following criteria: 
  3.2      (1) has a household member who: 
  3.3      (i) subscribes to local exchange service or receives 
  3.4   telephone service from another telephone service provider; and 
  3.5      (ii) is either disabled or 65 years of age or older; 
  3.6      (2) whose household income is 150 percent or less of 
  3.7   federal poverty guidelines or is currently eligible for: 
  3.8      (i) the Minnesota family investment program; 
  3.9      (ii) medical assistance; 
  3.10     (iii) general assistance; 
  3.11     (iv) Minnesota supplemental aid; 
  3.12     (v) food stamps; 
  3.13     (vi) refugee cash assistance or refugee medical assistance; 
  3.14     (vii) energy assistance; or 
  3.15     (viii) supplemental security income; and 
  3.16     (3) who has been certified as eligible for telephone 
  3.17  assistance plan credits. 
  3.18     Subd. 5.  [NATURE AND EXTENT OF CREDITS.] The telephone 
  3.19  assistance plan may provide for telephone assistance credits to 
  3.20  eligible households up to the amounts available under the 
  3.21  federal matching plan.  However, the credits available under the 
  3.22  telephone assistance plan may not exceed: 
  3.23     (1) more than 50 percent of (i) the local exchange rate 
  3.24  charged for the local exchange service or (ii) the rate charged 
  3.25  for service provided by another telephone service provider, 
  3.26  which is provided to the household by that household's telephone 
  3.27  company or another telephone service provider; and 
  3.28     (2) the level of credits that can actually be funded in 
  3.29  accordance with the limitations contained in subdivision 6. 
  3.30     Subd. 6.  [FUNDING.] The commission shall provide for the 
  3.31  funding of the telephone assistance plan by assessing a uniform 
  3.32  recurring monthly surcharge, not to exceed ten .... cents per 
  3.33  access line, applicable to all classes and grades of access 
  3.34  lines provided by each telephone company and any other telephone 
  3.35  service provider in the state.  
  3.36     Subd. 7.  [ADMINISTRATION GENERALLY.] The telephone 
  4.1   assistance plan must be administered jointly by the commission, 
  4.2   the department of human services, and the telephone companies in 
  4.3   accordance with the following guidelines: set forth in 
  4.4   subdivisions 8 to 22. 
  4.5      (a) Subd. 8.  [APPLICATION FORM REQUIREMENTS.] The 
  4.6   commission and the department of human services shall develop an 
  4.7   application form that must be completed by the subscriber or end 
  4.8   user for the purpose of certifying eligibility for telephone 
  4.9   assistance plan credits to the department of human services.  
  4.10  The application must contain the applicant's social security 
  4.11  number.  Applicants who refuse to provide a social security 
  4.12  number will be denied telephone assistance plan credits.  The 
  4.13  application form must include provisions for the applicant to 
  4.14  show the name of the applicant's telephone company or other 
  4.15  telephone service provider.  The application must also advise 
  4.16  the applicant to submit the required proof of age or disability, 
  4.17  and income and must provide examples of acceptable proof.  The 
  4.18  application must state that failure to submit proof with the 
  4.19  application will result in the applicant being found ineligible. 
  4.20     Subd. 9.  [NOTICE OF PROGRAM AVAILABILITY.] Each telephone 
  4.21  company and any other telephone service provider shall annually 
  4.22  mail a notice of the availability of the telephone assistance 
  4.23  plan to each residential subscriber or end user in a regular 
  4.24  billing and shall mail the application form to customers when 
  4.25  requested.  
  4.26     The notice must state the following: 
  4.27     YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE 
  4.28  BILL IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED AND IF 
  4.29  YOU MEET CERTAIN HOUSEHOLD INCOME LIMITS.  FOR MORE INFORMATION 
  4.30  OR AN APPLICATION FORM PLEASE CONTACT ......... 
  4.31     (b) Subd. 10.  [ANNUAL DETERMINATION OF TAP ELIGIBILITY.] 
  4.32  The department of human services shall determine the eligibility 
  4.33  for telephone assistance plan credits or reimbursements at least 
  4.34  annually according to the criteria contained in subdivision 4a.  
  4.35     (c) Subd. 11.  [SUBMITTING ENROLLMENT FORM.] An application 
  4.36  may be made and submitted by the subscriber or end user, the 
  5.1   subscriber's or end user's spouse, or a person authorized by the 
  5.2   subscriber or end user to act on behalf of the subscriber's 
  5.3   behalf subscriber or end user.  On completing the application 
  5.4   certifying that the statutory criteria for eligibility are 
  5.5   satisfied, the applicant must return the application to an 
  5.6   office of the department of human services specially designated 
  5.7   to process telephone assistance plan applications.  
  5.8      Subd. 12.  [NOTICE OF ELIGIBILITY WHEN DEPARTMENT FAILS TO 
  5.9   DETERMINE ELIGIBILITY.] (a) On receiving a completed application 
  5.10  from an applicant, the department of human services shall 
  5.11  determine the applicant's eligibility or ineligibility within 
  5.12  120 days.  If the department fails to do so, it shall take the 
  5.13  appropriate action required by paragraph (b) or (c). 
  5.14     (b) Within three working days after the 120-day deadline, 
  5.15  the department shall provide written notice to the applicant's a 
  5.16  subscriber's telephone company that the company shall provide 
  5.17  telephone assistance plan credits against monthly charges in the 
  5.18  earliest possible month following receipt of the written 
  5.19  notice.  The applicant must receive telephone assistance plan 
  5.20  credits until the earliest possible month following the 
  5.21  company's receipt of notice from the department that the 
  5.22  applicant is ineligible. 
  5.23     (c) Within three working days after the 120-day deadline, 
  5.24  the department shall provide written notice to the end user of 
  5.25  service furnished by another telephone service provider that the 
  5.26  person is eligible for telephone assistance reimbursements by 
  5.27  the department upon satisfactory evidence, as determined by the 
  5.28  department, of payment for service provided by another telephone 
  5.29  service provider. 
  5.30     Subd. 13.  [NOTICE OF NONELIGIBILITY.] If the department of 
  5.31  human services determines that an applicant is not eligible to 
  5.32  receive telephone assistance plan credits, it shall notify the 
  5.33  applicant within ten working days of that determination. 
  5.34     Subd. 14.  [NOTICE OF ELIGIBILITY; TAP CREDITS AND 
  5.35  REIMBURSEMENTS.] (a) Within ten working days of determining that 
  5.36  an applicant is eligible to receive telephone assistance plan 
  6.1   credits, the department of human services shall provide written 
  6.2   notification to either (1) the telephone company that serves the 
  6.3   applicant or (2) the end user of service provided by another 
  6.4   telephone service provider.  The notice must include the 
  6.5   applicant's name, address, and telephone number. 
  6.6      (b) Each telephone company shall provide telephone 
  6.7   assistance plan credits against monthly charges in the earliest 
  6.8   possible month following receipt of notice from the department 
  6.9   of human services. 
  6.10     (c) The department of human services shall issue telephone 
  6.11  assistance reimbursements for payments of monthly charges to the 
  6.12  end user of another telephone service provider in the earliest 
  6.13  possible month following receipt of satisfactory evidence of 
  6.14  payment.  The department of human services shall notify the end 
  6.15  user's telephone service provider that the end user is receiving 
  6.16  telephone assistance reimbursements and that the provider is 
  6.17  obligated to notify the department of disconnection under 
  6.18  subdivision 18.  
  6.19     Subd. 15.  [ONGOING ELIGIBILITY DETERMINATION.] By December 
  6.20  31 of each year, the department of human services shall 
  6.21  redetermine eligibility of each person receiving telephone 
  6.22  assistance plan credits or reimbursements, as required 
  6.23  in paragraph (b) subdivision 10.  The department of human 
  6.24  services shall submit an annual report to the commission by 
  6.25  January 15 of each year showing that the department has 
  6.26  determined the eligibility for telephone assistance plan credits 
  6.27  or reimbursements of each person receiving the credits or 
  6.28  reimbursements or explaining why the determination has not been 
  6.29  made and showing how and when the determination will be 
  6.30  completed.  
  6.31     Subd. 16.  [NOTICE OF NONRENEWAL.] If the department of 
  6.32  human services determines that a current recipient of telephone 
  6.33  assistance plan credits or reimbursements is not eligible to 
  6.34  receive the credits or reimbursements, it shall notify, in 
  6.35  writing, the recipient within ten working days and the telephone 
  6.36  company or other telephone service provider serving the 
  7.1   recipient within 20 working days of the determination.  The 
  7.2   notice must include the recipient's name, address, and telephone 
  7.3   number. 
  7.4      Subd. 17.  [TAP CREDITS OR REIMBURSEMENTS HALTED.] (a) Each 
  7.5   telephone company shall remove telephone assistance plan credits 
  7.6   against monthly charges in the earliest possible month following 
  7.7   receipt of notice from the department of human services. 
  7.8      (b) The department of human services shall cease issuance 
  7.9   of telephone assistance reimbursements in the earliest possible 
  7.10  month following its determination that an end user of service 
  7.11  furnished by any other telephone service provider is no longer 
  7.12  eligible for assistance. 
  7.13     Subd. 18.  [NOTICE OF DISCONNECTION.] Each telephone 
  7.14  company or other telephone service provider that disconnects a 
  7.15  subscriber or end user receiving the telephone assistance plan 
  7.16  credit or reimbursement shall report the disconnection to the 
  7.17  department of human services.  The reports must be submitted 
  7.18  monthly, identifying the subscribers or end users disconnected.  
  7.19  Telephone companies or other telephone service providers that do 
  7.20  not disconnect a subscriber or end user receiving the telephone 
  7.21  assistance plan credit or reimbursement are not required to 
  7.22  report.  
  7.23     Subd. 19.  [NOTICE OF TAP CREDIT APPROVAL.] If the 
  7.24  telephone assistance plan credit is not itemized on the 
  7.25  subscriber's monthly charges bill for local telephone service, 
  7.26  the telephone company must notify the subscriber of the approval 
  7.27  for the telephone assistance plan credit. 
  7.28     (d) Subd. 20.  [FUNDING ADMINISTRATION.] (a) The commission 
  7.29  shall serve as the coordinator of the telephone assistance plan 
  7.30  and be reimbursed for its administrative expenses from the 
  7.31  surcharge revenue pool.  As the coordinator, the commission 
  7.32  shall: 
  7.33     (1) establish a uniform statewide surcharge in accordance 
  7.34  with subdivision 6; 
  7.35     (2) establish a uniform statewide level of telephone 
  7.36  assistance plan credit or reimbursement that each telephone 
  8.1   company shall extend or the department shall reimburse to each 
  8.2   eligible household in its service area; 
  8.3      (3) require each telephone company to account to the 
  8.4   commission on a periodic basis for surcharge revenues collected 
  8.5   by the company, expenses incurred by the company, not to include 
  8.6   expenses of collecting surcharges, and credits extended by the 
  8.7   company under the telephone assistance plan; 
  8.8      (4) require each telephone company to remit surcharge 
  8.9   revenues to the department of administration for deposit in the 
  8.10  fund; and 
  8.11     (5) remit to each telephone company from the surcharge 
  8.12  revenue pool the amount necessary to compensate the company for 
  8.13  expenses, not including expenses of collecting the surcharges, 
  8.14  and telephone assistance plan credits; and 
  8.15     (6) remit to the department of human services from the 
  8.16  surcharge revenue pool the amount necessary to compensate the 
  8.17  department for expenses to make reimbursements to eligible end 
  8.18  users of telephone service furnished by any other telephone 
  8.19  service providers.  
  8.20     (b) When it appears that the revenue generated by the 
  8.21  maximum surcharge permitted under subdivision 6 will be 
  8.22  inadequate to fund any particular established level of telephone 
  8.23  assistance plan credits and reimbursements, the commission shall 
  8.24  reduce the credits to a level that can be adequately funded by 
  8.25  the maximum surcharge.  Similarly, the commission may increase 
  8.26  the level of the telephone assistance plan credit or 
  8.27  reimbursement that is available or reduce the surcharge to a 
  8.28  level and for a period of time that will prevent an unreasonable 
  8.29  overcollection of surcharge revenues. 
  8.30     (e) Subd. 21.  [RECORDS AND REPORTS.] Each telephone 
  8.31  company shall maintain adequate records of surcharge revenues, 
  8.32  expenses, and credits related to the telephone assistance plan 
  8.33  and shall, as part of its annual report or separately, provide 
  8.34  the commission and the department of public service commerce 
  8.35  with a financial report of its experience under the telephone 
  8.36  assistance plan for the previous year.  That report must also be 
  9.1   adequate to satisfy the reporting requirements of the federal 
  9.2   matching plan.  
  9.3      (f) Subd. 22.  [COMPLAINT INVESTIGATION.] The department of 
  9.4   public service commerce shall investigate complaints against 
  9.5   telephone companies with regard to the telephone assistance plan 
  9.6   and shall report the results of its investigation to the 
  9.7   commission. 
  9.8      Sec. 5.  Minnesota Statutes 2000, section 237.701, is 
  9.9   amended to read: 
  9.10     237.701 [TELEPHONE ASSISTANCE FUND; APPROPRIATION.] 
  9.11     Subdivision 1.  [FUND CREATED; AUTHORIZED EXPENDITURES.] 
  9.12  The telephone assistance fund is created as a separate account 
  9.13  in the state treasury to consist of amounts received by the 
  9.14  department of administration representing the surcharge 
  9.15  authorized by section 237.70, subdivision 6, and amounts earned 
  9.16  on the fund assets.  Money in the fund may be used only for: 
  9.17     (1) reimbursement to telephone companies for expenses and 
  9.18  credits allowed in section 237.70, subdivision 7 20, 
  9.19  paragraph (d) (a), clause (5); 
  9.20     (2) reimbursement of the administrative expenses of the 
  9.21  department of human services to implement sections 237.69 to 
  9.22  237.71, not to exceed $314,000 annually, plus reimbursements 
  9.23  paid to eligible end users of telephone service furnished by 
  9.24  other telephone service providers as allowed in section 237.70, 
  9.25  subdivision 20, paragraph (a), clause (6); 
  9.26     (3) reimbursement of the administrative expenses of the 
  9.27  commission not to exceed $25,000 annually; and 
  9.28     (4) reimbursement of the statewide indirect cost of the 
  9.29  commission. 
  9.30     Subd. 2.  [APPROPRIATION.] Money in the fund is 
  9.31  appropriated to the commission to be disbursed pursuant to 
  9.32  section 237.70, subdivision subdivisions 7 to 22.