SF 2616

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/11/2010 02:02pm

A bill for an act
relating to telecommunications; regulating private shared services; clarifying
reduced-rate regulation of certain competitive business telecommunication
services; amending Minnesota Statutes 2008, section 237.411, subdivision 3;
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 2008, section 237.411, subdivision 3, is amended to read:

Subd. 3.

Reduced rate regulation.

The rates, prices, tariffs, or charges to a business
customer in a competitive area by a telephone company or a telecommunications carrier
offering local service are only subject to sections 237.07, subdivision 1; 237.66; and
237.663, and are not subject to any rules imposing rate or price restrictions beyond those
sections or to other order or investigation of local rates under section 237.081. new text begin A company
subject to this subdivision is not required to file specific price information. However,
upon request of the department, the Office of the Attorney General, or the commission, a
company must show that its pricing complies with subdivision 4. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from May 12, 2009.
new text end

Sec. 2.

new text begin [237.681] PRIVATE SHARED SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "private shared
services" means the provision of telephone services and equipment, the provision of video
programming services, or the provision of broadband services within a user group located
in discrete private premises, in building complexes, campuses, or high-rise buildings,
by a commercial shared services provider or by a user association, through privately
owned customer premises equipment and associated data processing and information
management services and includes the provision of connections to the facilities of a local
exchange and to long-distance telephone companies.
new text end

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin A person who owns or operates a building, property,
complex, or other facility where a private shared system is operated shall establish a single
demarcation point for services and facilities provided by a telephone company providing
local exchange service in the area that is mutually agreeable to the property owner or
operator and the telephone company. The obligation of a telephone company to provide
service to a customer at a location where a private shared system is operated is limited to
providing telephone company service and facilities up to the demarcation point established
for the property where the private shared telecommunications system is located. The
owner or operator of a private shared system may not (1) impose unreasonable restrictions
on access to the demarcation point on the premises by a telephone company or (2)
discriminate against or in favor of an occupant in any manner, including charging the
occupant higher or lower rental charges, because of the occupant's choice of telephone
company.
new text end

new text begin Subd. 3. new text end

new text begin Access to alternative provider. new text end

new text begin A tenant of a building, property,
complex, or other facility where a private shared system is operated may establish a
direct connection to and receive telephone service from a telephone company providing
local exchange service in the area where the private shared system is located. At the
request of a tenant where a private shared system is operated, the owner or manager of
the property shall make facilities or conduit space available to the tenant to allow the
tenant to make separate connection to and to receive telephone service directly from
the telephone company operating local exchange service in the area. The tenant has the
choice of installing the tenant's own facilities or using the existing facilities. The facilities
or conduit space must be provided by the owner or operator to the tenant at a reasonable
rate and on reasonable terms and conditions. It is the obligation of the tenant to arrange
for premises wire, cable, or other equipment necessary to connect the tenant's telephone
equipment with the facilities of the telephone company operating local exchange service
at the location of the demarcation point.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin If the commission finds that the owner or operator of
a private shared system has failed to comply with a request under this section, the
commission may order the owner or operator to make facilities or conduit space available
sufficient to allow the tenant to make separate connection with the telephone company,
and provide the services at reasonable prices and on reasonable terms and conditions.
new text end

new text begin Subd. 5. new text end

new text begin Exemption. new text end

new text begin A provider of private shared services is exempt from
section 237.16 if the telecommunications services are only provided to tenants or for
the provider's own use.
new text end

new text begin Subd. 6. new text end

new text begin Service by local telephone company. new text end

new text begin A telephone company providing
local exchange service shall provide service to anyone located within a shared services
building at the demarcation point within a reasonable time upon request.
new text end