SF 1612

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

A bill for an act
relating to telecommunications; providing for basic
services regulation of telephone companies; 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 [237.85] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section
apply to sections 237.85 to 237.88.
new text end

new text begin Subd. 2. new text end

new text begin Basic services. new text end

new text begin "Basic services" means one or
more unbundled, single line, unlimited usage, residential voice
local exchange telephone services or unbundled, single line,
unlimited usage, business voice local exchange telephone
services.
new text end

new text begin Subd. 3. new text end

new text begin Commission. new text end

new text begin "Commission" means the Public
Utilities Commission.
new text end

new text begin Subd. 4. new text end

new text begin Exempt telephone company. new text end

new text begin "Exempt telephone
company" means a local exchange carrier that elects to operate
under basic services regulation pursuant to section 237.86.
new text end

new text begin Subd. 5. new text end

new text begin Local exchange carrier. new text end

new text begin "Local exchange carrier"
means an entity that holds a certificate of authority to furnish
local exchange service or interexchange telephone service, or
both, and that has an effective tariff on file with the
commission.
new text end

new text begin Subd. 6. new text end

new text begin Retail. new text end

new text begin "Retail" means provision of local
exchange service or interexchange telephone service, or both, to
an end user.
new text end

Sec. 2.

new text begin [237.86] BASIC SERVICES REGULATION.
new text end

new text begin A form of alternative regulation known as "basic services
regulation" is available to a telephone company that has been
issued a certificate of authority by the commission. A
telephone company may opt into basic services regulation by
giving the commission at least 30 days written notice of its
election. Under basic services regulation an exempt telephone
company offering local exchange telephone service must file
tariffs for basic services. These tariffs must be filed,
initially, at least 30 days in advance to become effective on
the date the election becomes effective.
new text end

Sec. 3.

new text begin [237.87] COMMISSION AUTHORITY.
new text end

new text begin (a) The commission has the following authority over exempt
telephone companies:
new text end

new text begin (1) receive and investigate complaints against telephone
companies to the extent the complaints relate to the authority
retained by the commission in this section;
new text end

new text begin (2) enforce the standards of network service necessary to
maintain the public health and safety by adopting rules setting
network performance standards equally applicable to all
telephone companies;
new text end

new text begin (3) enforce the emergency 911 technical network standards
by adopting rules equally applicable to all telephone companies;
new text end

new text begin (4) review new and revised tariffs, other than rates, filed
by exempt telephone companies to ensure that proposed tariffs
will not unreasonably affect any class of exempt telephone
company customers and to enforce those tariffs. Tariffs, other
than rates, on file with the commission prior to the telephone
company electing to become an exempt telephone company may be
adopted by the exempt telephone company without notice or review
by the commission. The commission must apply the same standard
of nonrate tariff review to all new entrant nonrate tariffs;
new text end

new text begin (5) adopt necessary rules that are equally applicable to
new entrants that:
new text end

new text begin (i) require customer notice of tariff rate changes or
withdrawal of tariffed service offerings; and
new text end

new text begin (ii) provide for disconnection of residential customers for
nonpayment of local exchange service, late payment fees, and
deposits for customers, including the payment of interest on
customer deposits;
new text end

new text begin (6) administer the telecommunications relay service and
telephone assistance plan, including the assessment to telephone
companies pursuant to sections 237.49, 237.50 to 237.56, and
237.69 to 237.711;
new text end

new text begin (7) enforce the Underground Utility Damage Prevention Act
pursuant to chapter 216D;
new text end

new text begin (8) enforce the provisions of law relating to rights-of-way
affecting telephone companies pursuant to sections 237.162 and
237.163;
new text end

new text begin (9) discharge the responsibilities of state commissions
under the federal Telecommunications Act of 1996, Public Law
104-104, and enforce its lawful orders; and
new text end

new text begin (10) retain authority to require a telephone company opting
into basic services regulation to furnish basic services to any
person, firm, or corporation in its service area desiring basic
services.
new text end

new text begin (b) Notwithstanding any other provision of law, basic
services regulation exempts all retail telephone services,
including their rates, types, and manner of offering, and
service quality, from the jurisdiction of the commission except
to the extent specifically provided in this section. The
commission has no jurisdiction over the affiliate transactions,
equity and debt financing, transfers, or other public utility
operations of an exempt telephone company except to the extent
specifically permitted in this section. Small telephone
companies under section 237.773 are not subject to basic service
regulation.
new text end

Sec. 4.

new text begin [237.88] TELEPHONE COMPANY IMPLEMENTATION
PROCEDURES; DUTIES.
new text end

new text begin (a) An exempt telephone company must file and maintain on
file with the commission tariffs for its basic services that
contain service descriptions and the terms and conditions,
including rates, under which the services are offered to the
public.
new text end

new text begin (b) An exempt telephone company must also file and maintain
on file with the commission tariffs for the network components
of its enhanced 911 services that contain terms and conditions,
including rates under which services are offered to the public.
new text end

new text begin (c) An exempt telephone company must file and maintain on
file with the commission tariffs for extended area local calling
rates implemented previously. An exempt telephone company may,
at its option, continue to file tariffs for its nonbasic
telephone services. Any nonbasic services tariffs filed must
contain service descriptions and the terms and conditions,
including rates, under which the services are offered to the
public. An exempt telephone company filing tariffs for nonbasic
services must offer these tariffed telephone services where
available throughout its service area at that tariffed rate.
However, an exempt telephone company may offer nonbasic services
under special promotions and optional customer agreements that
contain terms and conditions, including rates that vary from any
tariffed terms and conditions.
new text end

new text begin (d) An exempt telephone company must provide basic services
at a month tariffed rate where available throughout its service
area, except during any transition period described in section
237.86.
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