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Minnesota Legislature

Office of the Revisor of Statutes

SF 2939

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to telecommunications; modifying provisions relating to alternative
regulation plans; amending Minnesota Statutes 2006, section 237.766, by adding
a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 237.766, is amended by adding a
subdivision to read:


new text begin Subd. 4. new text end

new text begin Joining an existing plan. new text end

new text begin (a) A telephone company may elect to opt
into another company's plan if:
new text end

new text begin (1) the chosen plan is from a company that is larger than the electing company; or
new text end

new text begin (2) the chosen plan is from an affiliated company; and
new text end

new text begin (3) the plan is currently in effect.
new text end

new text begin (b) A telephone company electing to enter an existing plan in lieu of proposing a
new plan must operate under the terms of that plan for at least three years. If the original
term of the existing plan was longer than three years, then the adopting company must
operate under the plan for that longer period.
new text end

new text begin (c) A telephone company that desires to adopt an existing plan must give notice to
the commission at least 90 days prior to the proposed effective date of the adoption and to
its customers at least 60 days prior to the proposed effective date.
new text end

new text begin (d) The Department of Commerce or the Office of the Attorney General may file an
objection to a telephone company that has previously operated under a plan from electing
to opt into the plan of another company if the electing company is not in substantial
compliance with the service quality provisions or has not met the infrastructure obligations
of its plan.
new text end

new text begin (e) If a telephone company has not previously operated under an alternative
regulation plan, the rates for its price-regulated services must be capped for the first three
years at the rates in effect at the time of opt in, except for any plan provisions that address
exogenous changes.
new text end

new text begin (f) Within 30 days of the electing company filing notice to the commission,
interested parties may file comments identifying any aspect of the adoption that the party
believes is contrary to the public interest. Reply comments may be filed within 45 days
following the notice to the commission. The commission shall accept the adoption unless
it finds adoption of the existing plan by the electing telephone company is not in the public
interest, in which case it may reject or modify the election to opt into the provisions of
the existing plan. If the commission modifies the election, the electing company may
withdraw its proposed adoption of the existing plan by filing notice with the commission
within 30 days of the commission's modification order.
new text end

Sec. 2. new text beginEFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day following final enactment.
new text end