SF 1918

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to telecommunications; setting certain goals; providing for a broadband
policy director and advisory board; amending Minnesota Statutes 2006, sections
237.011; 237.082; 237.16, subdivision 9; proposing coding for new law in
Minnesota Statutes, chapter 237.

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

Section 1.

Minnesota Statutes 2006, section 237.011, is amended to read:

237.011 TELECOMMUNICATIONS GOALS.

The following are state goals that should be considered as the commission executes
its regulatory duties with respect to telecommunication services:

(1) supporting universal service;

(2) maintaining just and reasonable rates;

(3) deleted text begin encouraging economically efficient deployment of infrastructure for higher speed
telecommunication services and greater capacity for voice, video, and data transmission deleted text end new text begin
making available to all residents of Minnesota by 2015 ultra high-speed data transmission
services at speeds equal to at least 1,000,000,000 bits per second new text end ;

(4) encouraging fair and reasonable competition for local exchange telephone
service in a competitively neutral regulatory manner;

(5) maintaining or improving quality of service;

(6) promoting customer choice;

(7) ensuring consumer protections are maintained in the transition to a competitive
market for local telecommunications service; and

(8) encouraging voluntary resolution of issues between and among competing
providers and discouraging litigation.

Sec. 2.

new text begin [237.021] BROADBAND POLICY.
new text end

new text begin Subdivision 1. new text end

new text begin Broadband policy director. new text end

new text begin The governor shall appoint a state
agency officer to be the broadband policy director for the state. The director shall
coordinate policies designed to achieve the goal of making available to all residents of
Minnesota by 2015 ultra high-speed data transmission services at speeds at least equal to
the goal set in section 237.011, clause (3).
new text end

new text begin Subd. 2. new text end

new text begin Broadband Advisory Board. new text end

new text begin There is established a Broadband
Advisory Board chaired by the broadband policy director. The governor shall appoint up
to 15 members of the board, including representatives of providers, customers, local
governments, and individuals knowledgeable about telecommunications issues. The board
shall discuss and make recommendations to the governor and the legislature that contain:
new text end

new text begin (1) a comprehensive statewide plan for achieving the goal established in section
237.011, clause (3);
new text end

new text begin (2) a description of the policies and actions necessary to achieve that goal, including
the elimination of obstacles to investment;
new text end

new text begin (3) a description of the opportunities for public and private sector cooperation in
achieving that goal;
new text end

new text begin (4) an evaluation of strategies and financing methods used in other states and
countries that support the deployment of ultra high-speed data services; and
new text end

new text begin (5) an evaluation of the security and redundancy actions necessary to ensure the
reliability of ultra high-speed telecommunications statewide.
new text end

Sec. 3.

Minnesota Statutes 2006, section 237.082, is amended to read:

237.082 TELECOMMUNICATION RATE AND SERVICE GOALS.

When setting rates, adopting rules, or issuing orders related to telecommunication
matters that affect deployment of the infrastructure, the commission deleted text begin may deleted text end new text begin must new text end apply the
goals of:

(1) achieving deleted text begin economically efficient investment in:
deleted text end

deleted text begin (i) higher speed telecommunication services; and
deleted text end

deleted text begin (ii) greater capacity for voice, video, and data transmission deleted text end new text begin the deployment to all
Minnesotans of a telecommunications network capable of the speed standard set in section
237.011 new text end ; and

(2) just and reasonable rates.

The department may apply the same goals in its regulation of and recommendations
regarding telecommunication services.

Sec. 4.

Minnesota Statutes 2006, section 237.16, subdivision 9, is amended to read:

Subd. 9.

Universal service fund.

The commission shall establish and require
contributions to a universal service fund, to be supported by all providers of telephone
services, whether or not they are telephone companies under section 237.01, including, but
not limited to, local telephone companies, independent telephone companies, cooperative
telephone companies, municipal telephone companies, telecommunications carriers,
radio common carriers, personal communication service providers, and cellular carriers.
Services that should be considered for inclusion as universal include, at a minimum,
single-party service including access, usage and touch-tone capability; line quality capable
of carrying facsimile and data transmissions; equal access; emergency services number
capability; statewide telecommunications relay service for the hearing-impaired; and
blocking of long-distance toll services. The fund must be administered and distributed
in accordance with rules adopted by the commission and designed to preserve the
availability of universal service throughout the state. Any state universal service fund
must be coordinated with any federal universal service fund and be consistent with section
254(b)(1) to (5) of the federal Telecommunications Act of 1996, Public Law 104-104. The
department shall make recommendations to the legislature deleted text begin by January 1, 1996, deleted text end regarding a
plan for contributions to and expenditures from the universal service fund. In particular,
the department shall address the following issues:

(1) what additional services should be included in the basic set of essential telephone
services which the state should encourage in its mandate to ensure universal service;

(2) whether and how expenditures from the fund should be used to ensure citizens
access to local government and other public access programming; and

(3) deleted text begin whether deleted text end new text begin how new text end expenditures from the fund should be used to encourage
construction of infrastructure deleted text begin for, and access to, advanced services deleted text end new text begin capable of providing
services at the speed goal set in section 237.011 new text end , especially in high-cost areas of the state,
and deleted text begin , if the commission determines the fund should be used for this purpose, deleted text end a plan to
accomplish deleted text begin these goals deleted text end new text begin that goal new text end .