SF 926

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

A bill for an act
relating to telecommunications; modifying provisions relating to reduced rate
regulation and promotion activities; amending Minnesota Statutes 2008, sections
237.411, subdivision 2; 237.626.

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

Section 1.

Minnesota Statutes 2008, section 237.411, subdivision 2, is amended to read:

Subd. 2.

Competitive area; defined.

A "competitive area" is an exchange located:

(1) in the metropolitan area extended area service toll-free calling area; deleted text begin or
deleted text end

(2) in the deleted text begin cities deleted text end new text begin city new text end of Duluth or St. Cloud deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) in the serving area of a telephone company with less than 500,000 access lines.
new text end

Sec. 2.

Minnesota Statutes 2008, section 237.626, is amended to read:

237.626 PROMOTION ACTIVITIES.

Subdivision 1.

Promotions.

A telephone company may promote the use of its
services by offering a waiver of part or all of a recurring or a nonrecurring charge, a
redemption coupon, or a premium with the purchase of a service. Section 237.09 does not
apply to promotions under this section, but the customer group to which the promotion is
available must be based on reasonable distinctions among customers. deleted text begin No single promotion
may be effective for longer than 90 days at a time. The benefits to a particular customer
of a promotion must not extend beyond nine months. The service being promoted must
have a price that is above the incremental cost of the service, including amortized cost
of the promotion. deleted text end A promotion may take effect the day after the notice is filed with the
commission. The notice must identify customers to whom the promotion is available.
deleted text begin A telephone company is not required to file cost information except upon request of
the department, the Office of the Attorney General, or the commission to determine if
a promotion complies with applicable legal requirements. Within five business days
of receipt of a request pursuant to this subdivision, or an order of the commission, the
telephone company shall provide the requested cost information demonstrating the service
being promoted has a price above the incremental cost of service to the Office of the
Attorney General, the department, and the commission. The telephone company shall file
this cost information with the commission soon thereafter.
deleted text end

Subd. 2.

Bundled service.

(a) A telephone company may offer telecommunications
services subject to the regulatory jurisdiction of the commission as part of a package of
services that may include goods and services other than those subject to the commission's
regulatory jurisdiction. Subject to the requirements of this chapter and the associated rules
and orders of the commission applicable to those regulated services, a telephone company
may establish the prices, terms, and conditions of a package of services, except that:

(1) each telecommunications service subject to the regulatory jurisdiction of the
commission must be available to customers on a stand-alone basis; new text begin and
new text end

(2) at the time the packaged offering is introduced or at the time the packaged price
is subsequently changed, the packaged rate or price may not exceed the sum of the
unpackaged rates or prices for the individual service elements or services deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (3) in addition to the tariff requirements that apply to the telecommunications
elements of the package, the tariff must also contain a general description of the
nontelecommunications components of the package.
deleted text end

(b) Nothing in this subdivision is intended to extend or diminish the regulatory
authority of the commission or the department.

new text begin Subd. 3. new text end

new text begin Promotions available for resale. new text end

new text begin Any promotional offering lasting more
than 90 days and filed with the commission under subdivision 1 must be available to
qualifying carriers for resale. A qualifying carrier must hold a certificate of authority from
the commission and must have an approved interconnection agreement with the company
offering the promotion, the terms of which include language governing the resale of
services. The resale discount contained in the applicable interconnection agreement will
not apply to promotional offerings.
new text end