SF 739

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to telecommunications; providing policies to 
  1.3             carry out the state's role in telecommunications 
  1.4             regulation; providing for a state policy encouraging 
  1.5             high speed telecommunication services and greater 
  1.6             capacity for services; providing for a single 
  1.7             statewide local access and transport area (LATA); 
  1.8             amending Minnesota Statutes 1996, section 8.33, 
  1.9             subdivision 2; proposing coding for new law in 
  1.10            Minnesota Statutes, chapter 237. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [FEDERAL TELECOMMUNICATIONS ACT OF 1996; 
  1.13  LEGISLATIVE FINDINGS.] 
  1.14     The federal Telecommunications Act of 1996 established 
  1.15  policies and rules designed to accelerate the achievement of 
  1.16  competition in markets for telecommunications services.  The 
  1.17  public utility commission has been granted a role in 
  1.18  implementing the federal act. 
  1.19     The legislature finds that it is necessary to provide 
  1.20  guidance to the commission as it carries out its role under the 
  1.21  federal act. 
  1.22     The following are state goals that should be sought as the 
  1.23  commission executes its regulatory duties with respect to 
  1.24  telecommunication services: 
  1.25     (1) encouragement of higher speed telecommunication 
  1.26  services and greater capacity for voice, video, and data 
  1.27  transmission; 
  1.28     (2) universal access to telecommunication services through 
  2.1   a variety of means; 
  2.2      (3) voluntary resolution of issues between and among 
  2.3   competing providers and discouragement of litigation; 
  2.4      (4) providing neither an advantage nor a disadvantage, to 
  2.5   an incumbent provider or a new market entrant; 
  2.6      (5) maintenance or improvement of quality of service; and 
  2.7      (6) increasing investment in telecommunication 
  2.8   infrastructure. 
  2.9      Sec. 2.  Minnesota Statutes 1996, section 8.33, subdivision 
  2.10  2, is amended to read: 
  2.11     Subd. 2.  [DUTIES.] The attorney general is responsible for 
  2.12  representing and furthering the interests of residential and 
  2.13  small business utility consumers through participation in 
  2.14  matters before the public utilities commission involving utility 
  2.15  rates and adequacy of utility services to residential or small 
  2.16  business utility consumers.  The attorney general shall expend a 
  2.17  reasonable portion of effort among all three kinds of utility 
  2.18  services and shall identify and promote the needs of each class 
  2.19  of residential and small business consumers with respect to each 
  2.20  of the utility services.  When participating in 
  2.21  telecommunication matters, the attorney general shall give at 
  2.22  least equal weight to the goal of obtaining higher speed 
  2.23  telecommunication services and increasing capacity for voice, 
  2.24  video, and data transmission, and promoting adequate levels of 
  2.25  investment in increased speed and capacity, as is given to the 
  2.26  goal of low and reasonable rates. 
  2.27     Sec. 3.  [237.082] [TELECOMMUNICATION SERVICES; POLICY OF 
  2.28  INCREASED SPEED AND SERVICES.] 
  2.29     When setting rates, adopting rules, or issuing orders 
  2.30  related to telecommunication matters, the commission shall give 
  2.31  at least equal weight to the goal of achieving higher speed 
  2.32  telecommunication services and increased capacity for voice, 
  2.33  video, and data transmission, and promoting adequate levels of 
  2.34  investment in increased speed and capacity as it gives to the 
  2.35  goal of low and reasonable rates.  The department of public 
  2.36  service must adopt the same standard in its regulation of and 
  3.1   recommendations regarding telecommunication services. 
  3.2      Sec. 4.  [237.81] [SINGLE LOCAL ACCESS AND TRANSPORT AREA 
  3.3   (LATA).] 
  3.4      To the extent permitted by federal law, the state of 
  3.5   Minnesota consists of one local access and transport area 
  3.6   (LATA).  The public utilities commission shall not take any 
  3.7   action to enforce or maintain the former local access and 
  3.8   transport area boundaries within the state. 
  3.9      Sec. 5.  [LOCAL COMPETITION ORDERS; RECONSIDERATION.] 
  3.10     By September 1, 1997, the public utilities commission must 
  3.11  reconsider any of its orders involving arbitration issues 
  3.12  related to local competition under the federal 
  3.13  Telecommunications Act of 1996 in light of the goals stated in 
  3.14  Minnesota Statutes, section 237.082. 
  3.15     In order to prevent litigation and promote orderly progress 
  3.16  to competitive markets for telecommunication services, the 
  3.17  department of public service shall conduct mediation processes 
  3.18  involving incumbent local exchange carriers and any potential 
  3.19  competitor seeking to provide competitive services. 
  3.20     Sec. 6.  [EFFECTIVE DATE.] 
  3.21     Sections 2 and 3 are effective the day following final 
  3.22  enactment and apply to all proceedings or matters reconsidered, 
  3.23  pending, or commenced on or after that date.  Sections 1, 4, and 
  3.24  5 are effective the day following final enactment.