Engrossments
Introduction		Posted on 05/10/2011

ARTICLE 1

TELEPHONE AND TELECOMMUNICATIONS

Section 1.

new text begin [237A.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin For purposes of this chapter, the following terms have
the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Advanced services. new text end

new text begin "Advanced services" means:
new text end

new text begin (1) "advanced services" as defined in Code of Federal Regulations, title 47, section
51.5;
new text end

new text begin (2) "information services" as defined in United States Code, title 47, section 153,
paragraph (20);
new text end

new text begin (3) "Internet protocol-enabled services," which is defined as any service,
functionality, or application that uses Internet protocol, a comparable protocol, or a
successor protocol, and enables an end user to send or receive a voice, data, or video
communication;
new text end

new text begin (4) "commercial mobile radio service" as defined in United States Code, title 47,
section 332; or
new text end

new text begin (5) any telecommunications service not commercially available on the effective
date of this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Advanced services provider. new text end

new text begin "Advanced services provider" means a
person or entity that provides any advanced services.
new text end

new text begin Subd. 4. new text end

new text begin Basic telecommunications service. new text end

new text begin (a) "Basic telecommunications
service" means retail, stand-alone residential telephone exchange service that is:
new text end

new text begin (1) the only telecommunications service provided to and purchased by a residential
end user;
new text end

new text begin (2) not part of a package of features, services, or products;
new text end

new text begin (3) not part of a customer-specific contract; and
new text end

new text begin (4) not sold in a promotion or otherwise offered at a discounted price.
new text end

new text begin (b) Basic telecommunications service includes, at a minimum, each of the following:
new text end

new text begin (1) voice-grade access to the public switched telephone network;
new text end

new text begin (2) dual-tone multifrequency signaling and single-party telecommunications service;
new text end

new text begin (3) access to:
new text end

new text begin (i) emergency services, including 911 and enhanced 911 where available;
new text end

new text begin (ii) operator services;
new text end

new text begin (iii) local directory assistance;
new text end

new text begin (iv) telephone relay services; and
new text end

new text begin (v) interexchange service, regardless of the interexchange carrier selected; and
new text end

new text begin (4) toll limitation services for qualifying low-income end users.
new text end

new text begin (c) Basic telecommunications service does not include:
new text end

new text begin (1) advance services; or
new text end

new text begin (2) the necessary software, hardware, transmission service, or transmission path for
voice, data, or video communications, or any combination of those communications.
new text end

new text begin Subd. 5. new text end

new text begin Commission. new text end

new text begin "Commission" means the Public Utilities Commission.
new text end

new text begin Subd. 6. new text end

new text begin Competitive local exchange carrier or CLEC. new text end

new text begin "Competitive local
exchange carrier" or "CLEC" means a local exchange carrier who was granted a certificate
of authority to provide service after February 8, 1996.
new text end

new text begin Subd. 7. new text end

new text begin End user. new text end

new text begin "End user" means a retail customer of a telecommunications
provider.
new text end

new text begin Subd. 8. new text end

new text begin Exchange access. new text end

new text begin "Exchange access" means the offering of switched
access to telephone exchange services or facilities for the purpose of the origination or
termination of telephone toll services within the state.
new text end

new text begin Subd. 9. new text end

new text begin Incumbent local exchange carrier or ILEC. new text end

new text begin "Incumbent local exchange
carrier" or "ILEC" means a local exchange carrier who was granted a certificate of
authority to provide service before February 8, 1996, including any successors or assigns
of the carrier that provides wireline telephone exchange service.
new text end

new text begin Subd. 10. new text end

new text begin Independent local exchange carrier. new text end

new text begin "Independent local exchange
carrier" means an incumbent local exchange carrier organized and operating under chapter
301 or 302A or authorized to do business in Minnesota under chapter 303 as of January
1, 1983, and providing local exchange service to fewer than 50,000 subscribers within
the state.
new text end

new text begin Subd. 11. new text end

new text begin Interexchange carrier. new text end

new text begin "Interexchange carrier" means a provider of
interexchange services.
new text end

new text begin Subd. 12. new text end

new text begin Interexchange service. new text end

new text begin "Interexchange service" means the access and
transmission of communications between two or more local exchange areas, except
for two-way switched communications between local exchanges that are grouped for
extended area service.
new text end

new text begin Subd. 13. new text end

new text begin InterLATA. new text end

new text begin "InterLATA" means telecommunications between a point
located in a local access and transport area and a point located outside that area.
new text end

new text begin Subd. 14. new text end

new text begin IntraLATA. new text end

new text begin "IntraLATA" means telecommunications between a point
located in a local access and transport area and a point located inside that area.
new text end

new text begin Subd. 15. new text end

new text begin Intrastate access service. new text end

new text begin "Intrastate access service" means exchange
access services and special access services.
new text end

new text begin Subd. 16. new text end

new text begin Local access and transport area or LATA. new text end

new text begin "Local access and transport
area" or "LATA" has the meaning given it in United States Code, title 47, section 153,
paragraph (25).
new text end

new text begin Subd. 17. new text end

new text begin Local exchange carrier or LEC. new text end

new text begin "Local exchange carrier" or "LEC"
has the meaning given it in United States Code, title 47, section 153, paragraph (26),
and includes competitive local exchange carriers, incumbent local exchange carriers,
and independent local exchange carriers.
new text end

new text begin Subd. 18. new text end

new text begin Nonbasic telecommunications service. new text end

new text begin (a) "Nonbasic
telecommunications service" means all retail telecommunications services that are
included in:
new text end

new text begin (1) customer-specific contracts;
new text end

new text begin (2) volume, term, and discount pricing options; or
new text end

new text begin (3) packages, bundles, and promotions, including, without limitation, offers designed
to obtain new end users, retain existing end users, or bring back former end users.
new text end

new text begin (b) Nonbasic telecommunications service does not include:
new text end

new text begin (1) basic telecommunications service, except that basic telecommunications
service shall be included in the term "nonbasic telecommunications service" when basic
telecommunications service is purchased by the end user (i) in conjunction with another
service; (ii) as part of a package of features, services, or products, or in connection
with a promotion; (iii) pursuant to a customer-specific contract; or (iv) at an otherwise
discounted price; or
new text end

new text begin (2) intrastate access service.
new text end

new text begin Subd. 19. new text end

new text begin Person. new text end

new text begin "Person" includes a natural person, individual, trustee,
partnership, joint venture, joint-stock company, trust, organization, municipality,
association, limited liability company, corporation, or other legal or commercial entity.
new text end

new text begin Subd. 20. new text end

new text begin Retail rate transition period. new text end

new text begin "Retail rate transition period" means the
period beginning on May ...., 2011, and ending on May ...., 2012.
new text end

new text begin Subd. 21. new text end

new text begin Retail telecommunications service. new text end

new text begin "Retail telecommunications service"
means basic telecommunications service and nonbasic telecommunications service offered
by a telecommunications provider to its end users.
new text end

new text begin Subd. 22. new text end

new text begin Telecommunications. new text end

new text begin "Telecommunications" has the meaning given it in
United States Code, title 47, section 153, paragraph (43).
new text end

new text begin Subd. 23. new text end

new text begin Telecommunications service. new text end

new text begin "Telecommunications service" has the
meaning given it in United States Code, title 47, section 153, paragraph (46). The term
telecommunications service does not include any service that is an advanced service.
new text end

new text begin Subd. 24. new text end

new text begin Telecommunications provider. new text end

new text begin "Telecommunications provider" means
a person or entity that offers any telecommunications service as defined in this chapter,
including local exchange carriers and interexchange services.
new text end

new text begin Subd. 25. new text end

new text begin Telephone exchange service. new text end

new text begin "Telephone exchange service" has the
meaning given it in United States Code, title 47, section 153, paragraph (47).
new text end

new text begin Subd. 26. new text end

new text begin Wholesale telecommunications service. new text end

new text begin "Wholesale telecommunications
service" means:
new text end

new text begin (1) any telecommunications service offered under an interconnection agreement
between an ILEC and a CLEC pursuant to sections 251 and 252 of the 1996 Act; or
new text end

new text begin (2) intrastate access service.
new text end

new text begin Subd. 27. new text end

new text begin 1996 Act. new text end

new text begin "1996 Act" means the federal Telecommunications Act of
1996, Public Law 104-104, United States Code, title 47, section 151 et seq.
new text end

Sec. 2.

new text begin [237A.02] JURISDICTION OF COMMISSION, DEPARTMENT, AND
ATTORNEY GENERAL.
new text end

new text begin Subdivision 1. new text end

new text begin Commission jurisdiction under this chapter. new text end

new text begin (a) Notwithstanding
any other provision of this chapter, the commission may exercise all authority expressly
granted to it by Minnesota or federal law, and all authority expressly delegated to
the commission by the Federal Communications Commission, with respect to any
telecommunications provider concerning:
new text end

new text begin (1) wholesale telecommunications services in Minnesota, by means of the
arbitration, approval, and enforcement of interconnection agreements in accordance with,
and subject to, sections 251 and 252 of the 1996 Act;
new text end

new text begin (2) the terms, conditions, rates, and charges applicable to intrastate access service
within Minnesota;
new text end

new text begin (3) basic telecommunications services during the retail rate transition period;
new text end

new text begin (4) the telecommunications access Minnesota (TAM) program and Minnesota
telephone assistance program (TAP);
new text end

new text begin (5) administration of dialing codes and numbering issues under Minnesota or federal
law; and
new text end

new text begin (6) designation of eligible telecommunications carriers under United States Code,
title 47, section 214, and administration of state or federal universal service or high-cost
funds.
new text end

new text begin (b) The commission does not have jurisdiction or authority over, including but
not limited to, rates and charges, terms and conditions of service, filing of schedules or
tariffs, market entry or exit, depreciation requirements, quality of service, long-term
financing arrangements or other obligations, asset sales, mergers or acquisitions, or any
other matter that was within the jurisdiction of the commission before the effective date of
this section with respect to:
new text end

new text begin (1) basic telecommunications services after the retail rate transition period;
new text end

new text begin (2) nonbasic telecommunications services;
new text end

new text begin (3) interexchange services; or
new text end

new text begin (4) advanced services.
new text end

new text begin Subd. 2. new text end

new text begin Department of Commerce authority. new text end

new text begin Except for the authority expressly
delegated to it in this chapter, the Department of Commerce does not have oversight over,
or authority with respect to, any of the matters governed by this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Attorney general authority. new text end

new text begin The provision of telecommunications
services must be governed exclusively by the laws and obligations otherwise generally
applicable to businesses operating within Minnesota, and must be enforced by the attorney
general or otherwise authorized and applicable federal, state, or local authorities. The
attorney general has exclusive investigative and enforcement authority over all matters
governed by this chapter except for those matters over which the commission is expressly
granted authority by this chapter, as to which the commission has exclusive jurisdiction.
new text end

Sec. 3.

new text begin [237A.03] RETAIL RATE TRANSITION PERIOD FOR BASIC
SERVICES.
new text end

new text begin The retail rate transition period begins on May ...., 2011, and ends on May ...., 2012.
During the retail rate transition period, a local exchange carrier may not increase its rates
or charges for basic telecommunications service in any local exchange area in which the
local exchange carrier offers basic telecommunications service, except as follows:
new text end

new text begin (1) the local exchange carrier may increase its rates and charges for basic
telecommunications service once during the retail rate transition period, in an amount not
to exceed $1;
new text end

new text begin (2) the local exchange carrier shall provide the commission and all affected end
users 30 days' advance notice of any rate increase under this section; and
new text end

new text begin (3) an incumbent local exchange carrier, including any successor or assign,
shall continue to make available a flat monthly rate with unlimited local calling
for basic telecommunications service in all local exchange areas in which it offers
basic telecommunications service on the effective date of this section, regardless of
whether the incumbent local exchange carrier increases the rates and charges for basic
telecommunications service in any of those local exchange areas. Throughout the retail
rate transition period, an extended area of service in which the incumbent local exchange
carrier offers basic telecommunications service on the effective date of this chapter may
not be reduced in area or scope without the approval of the commission after notice and
hearing.
new text end

Sec. 4.

new text begin [237A.04] ALTERNATIVE REGULATION PLANS TERMINATED.
new text end

new text begin On the effective date of this section, any alternative regulation plan entered into
pursuant to Minnesota Statutes 2010, chapter 237, automatically terminates in its entirety
with respect to all services subject to the plan and has no force or effect. Immediately
thereafter, all telecommunications providers, including those who previously had
alternative regulation plans, are subject to this chapter.
new text end

Sec. 5.

new text begin [237A.05] WHOLESALE TELECOMMUNICATIONS SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Authority generally. new text end

new text begin With respect to wholesale telecommunications
services under this chapter, the commission has the authority set forth in this section.
new text end

new text begin Subd. 2. new text end

new text begin Interconnection. new text end

new text begin With respect to interconnection between incumbent local
exchange carriers and competitive local exchange carriers:
new text end

new text begin (a) In imposing any requirements on incumbent local exchange carriers, concerning
interconnection with the facilities and equipment of other local exchange carriers, the
resale of telecommunications service, or unbundled access to network elements of an
incumbent local exchange carrier for purposes of section 251, subsection (c), of the 1996
Act, the commission shall act in accordance with, and shall not exceed the authority
delegated to the commission under, applicable federal laws and regulations including,
without limitation, sections 251 and 252 of the 1996 Act.
new text end

new text begin (b) Subject to any regulations that may be adopted by the Federal Communications
Commission, this chapter does not limit or otherwise affect the commission's authority
(1) to mediate or arbitrate disputes involving local exchange carriers in accordance with
sections 251 and 252 of the 1996 Act, or (2) to approve an interconnection agreement or
an incumbent local exchange carrier's statement of terms and conditions under section
252 of the 1996 Act.
new text end

new text begin (c) Any retail promotional offering lasting more than 90 days must be available to
qualifying local exchange carriers for resale. For purposes of this paragraph, a qualifying
local exchange carrier is a local exchange carrier that holds a certificate of authority from
the commission and has an effective interconnection agreement with the incumbent local
exchange carrier offering the retail promotion, the terms of which must include provisions
governing the resale of services.
new text end

new text begin Subd. 3. new text end

new text begin Intrastate access service. new text end

new text begin (a) The terms, conditions, rates, and charges for
intrastate switched access service and intrastate special access service are subject to the
authority granted to the commission by federal law and this chapter.
new text end

new text begin (b) With respect to switched network access services:
new text end

new text begin (1) Each incumbent local exchange carrier and each competitive local exchange
carrier shall reduce and maintain its intrastate switched network access rate elements at a
level no higher than its interstate switched network access rate for each corresponding rate
element within 30 days of the effective date of this section. This clause does not apply to an
incumbent local exchange carrier if neither the incumbent local exchange carrier nor any
single affiliate of the incumbent local exchange carrier has more than 50,000 access lines.
new text end

new text begin (2) Each independent local exchange carrier shall reduce and thereafter maintain its
intrastate switched network access rate elements at a level no higher than its interstate
switched network access rate for each corresponding rate element by December 31, 2016.
Each independent local exchange carrier shall develop an intrastate switched network
access plan and petition the commission for approval of its plan by July 1, 2012. Before
acting on a petition for approval of the plan, the commission shall conduct a proceeding
to decide whether to approve the plan and shall grant discovery as appropriate. The
commission shall issue its decision on the petition no later than July 1, 2013.
new text end

new text begin (3) Each local exchange carrier shall use the same switched network access rate
elements and terms and conditions for intrastate switched network access service that are
in effect for that local exchange carrier for the same interstate service. A local exchange
carrier may voluntarily reduce its intrastate switched network access element rates below
the interstate rate in effect for that local exchange carrier.
new text end

Sec. 6.

new text begin [237A.06] SCHEDULES, TARIFFS, AND INDIVIDUAL CONTRACTS.
new text end

new text begin Subdivision 1. new text end

new text begin Filing requirements. new text end

new text begin Except as set forth in this section,
telecommunications providers are not required to maintain or file any schedule, tariff,
contract, or agreement with the commission.
new text end

new text begin Subd. 2. new text end

new text begin General provisions applicable to all tariffs. new text end

new text begin Any tariff filed with the
commission in accordance with this chapter must include all terms, conditions, rates, and
charges that apply to the services specified in the tariff.
new text end

new text begin Subd. 3. new text end

new text begin Required tariff. new text end

new text begin (a) The telecommunications services described in
this subdivision require the filing of a tariff. Any tariff required to be filed under this
subdivision must be referred to as a required tariff.
new text end

new text begin (b) Any local exchange carrier that offers intrastate access services shall maintain on
file with the commission a tariff containing the terms, conditions, rates, and charges that
the local exchange carrier has established for such intrastate access services.
new text end

new text begin (c) During the retail rate transition period, every local exchange carrier that provides
basic telecommunications service shall maintain on file with the commission a tariff
containing the terms, conditions, rates, and charges for that service.
new text end

new text begin (d) Subject to any applicable notice to end users required by this chapter, a required
tariff becomes effective 30 days after it is filed with the commission. Notwithstanding the
provisions of this subdivision, a new or revised intrastate access tariff does not become
effective without an order of the commission.
new text end

new text begin (e) A person who objects to a required tariff shall file an objection within 20 days
of the filing of the required tariff. The person filing the required tariff may reply to the
objection within five days of the filing of the objection.
new text end

new text begin (f) The commission shall review the required tariff, the objection, and the reply,
within 60 days of the filing of the required tariff and shall issue an order approving the
required tariff or order that a contested case hearing be conducted under chapter 14.
new text end

new text begin Subd. 4. new text end

new text begin Optional tariff. new text end

new text begin (a) Unless otherwise prohibited by state or federal law,
a telecommunications provider may elect to file a tariff governing telecommunications
services provided in the state, whether or not a tariff is required by this chapter. Any tariff
filed under this subdivision must be referred to as an optional tariff.
new text end

new text begin (b) Subject to any applicable notice to end users required by this chapter, an optional
tariff becomes effective one day after it is filed with the commission.
new text end

new text begin (c) A telecommunications provider may withdraw an optional tariff for any service
by providing written notice to the commission. The withdrawal is effective upon the
filing of the notice.
new text end

new text begin Subd. 5. new text end

new text begin Individual contracts permitted; no filing requirement. new text end

new text begin Notwithstanding
any other provision of this chapter, a telecommunications provider may enter into an
individual contract for providing retail or wholesale telecommunications services, except
for intrastate switched access services. The contract may include, without limitation,
services that are subject to a tariff filed under this section that includes terms, conditions,
rates, and charges that are different from those in the telecommunications provider's
tariff. Except as required by federal or state law, any individual contract is not subject
to any filing or notice requirement including, without limitation, a requirement that the
contract be filed with the commission.
new text end

Sec. 7.

new text begin [237A.07] CERTIFICATION, REGISTRATION, AND MAPPING.
new text end

new text begin Subdivision 1. new text end

new text begin Application for certificate of authority; fee. new text end

new text begin (a) Before a
telecommunications provider may offer regulated services to end users in Minnesota, the
telecommunications provider must receive a certificate of authority from the commission.
The commission shall issue a certificate of authority within 30 days after receipt of a
completed application. A telecommunications provider seeking a certificate of authority
under this chapter shall submit an application on a form prescribed by the commission. The
form must require the telecommunications provider to provide the following information:
new text end

new text begin (1) the legal name of the telecommunications provider and any name under which
the telecommunications provider does or will do business in Minnesota, as authorized
by the secretary of state;
new text end

new text begin (2) a certification from the secretary of state authorizing the telecommunications
provider to do business in Minnesota;
new text end

new text begin (3) the address and telephone number of the telecommunications provider, along
with contact information for the person responsible for ongoing communications with
the commission;
new text end

new text begin (4) the legal name, address, and telephone number of the parent company of the
telecommunications provider, if any;
new text end

new text begin (5) a description of each service area in Minnesota in which the telecommunications
provider proposes to offer telecommunications service;
new text end

new text begin (6) a list of other states in which the telecommunications provider offers
telecommunications service, including the type of telecommunications service offered; and
new text end

new text begin (7) information demonstrating the financial, managerial, and technical ability of the
telecommunications provider to provide telecommunications service in Minnesota.
new text end

new text begin (b) At the time of filing an application under this section, the commission may
collect a filing fee from the applicant, not to exceed $300.
new text end

new text begin Subd. 2. new text end

new text begin Amended application for certificate of authority; fee. new text end

new text begin (a) No
telecommunications provider authorized to provide regulated services shall provide
service in any area for which it has not been issued a certificate of authority without first
obtaining from the commission an amended certificate of authority. The commission shall
issue an amended certificate of authority within 30 days after receipt of an application.
The applicant for an amended certificate of authority shall file with the commission notice
of expansion, contraction, or acquisition, identifying the territory to be served.
new text end

new text begin (b) At the time of filing an amended application under this section, the commission
may collect a filing fee from the applicant, not to exceed $150.
new text end

new text begin Subd. 3. new text end

new text begin Advanced service provider registration. new text end

new text begin (a) Advanced service providers
shall register with the commission within 60 days after beginning operation by submitting
a registration form as prescribed by the commission. The form must require the advanced
service provider to provide the following information:
new text end

new text begin (1) the legal name of the advanced service provider and any name under which the
telecommunications provider does or will do business in Minnesota, as authorized by the
secretary of state;
new text end

new text begin (2) a certification from the secretary of state authorizing the advanced service
provider to do business in Minnesota;
new text end

new text begin (3) the address and telephone number of the advanced service provider, along with
contact information for the person responsible for ongoing communications with the
commission; and
new text end

new text begin (4) a description of the services being provided by the advanced service provider
in Minnesota.
new text end

new text begin (b) The registration requirement in paragraph (a) does not apply to any advanced
service provider that:
new text end

new text begin (1) is also a telecommunications provider; and
new text end

new text begin (2) has received a certificate of authority from the commission under this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Map. new text end

new text begin Every incumbent local exchange carrier authorized to provide
telephone exchange service under this chapter shall file and maintain a territorial map.
new text end

new text begin END USER CONSUMER PROTECTION
new text end

Sec. 8.

new text begin [237A.08] END USER CONSUMER BILL OF RIGHTS.
new text end

new text begin (a) All telecommunications providers are required to:
new text end

new text begin (1) allow an end user to choose, either orally, electronically, or in writing, its local
exchange and long-distance provider at initiation of service and anytime thereafter;
new text end

new text begin (2) advise each residential end user of the price of the service options available to
that end user when service is initiated and annually thereafter;
new text end

new text begin (3) allow an end user to require the telecommunications provider serving the end user
to receive authorization from the end user before processing a request to change the end
user's current telecommunications provider to a different telecommunications provider;
new text end

new text begin (4) notify the end user within 30 days of any change on the end user's
account including, but not limited to, a change in telecommunications providers or
telecommunications services, except that this provision does not apply to the disconnection
of telecommunications service;
new text end

new text begin (5) provide at least five days' notice before disconnecting an end user's
telecommunications service for failure to comply with the terms and conditions of service
of a telecommunications provider;
new text end

new text begin (6) advise each end user of the availability of all blocking options, including, but not
limited to, call blocking and toll restriction options when service is initiated, annually, and
upon complaint by the end user to the telecommunications provider;
new text end

new text begin (7) block the use of certain telecommunications services at the request of the end
user until the end user requests that blocking of the services be discontinued, except
that this provision is only applicable to the extent blocking for the telecommunications
service is available;
new text end

new text begin (8) provide directory assistance to its end users, either directly or by contracting with
a third party, and provide for a credit to an end user who informs the directory assistance
provider that the provider has given the end user incorrect information for which the
telecommunications provider charged the end user a fee;
new text end

new text begin (9) provide a periodic billing statement consistent with the federal truth-in-billing
standards to each end user in paper format, unless the end user has elected to receive the
billing statement in electronic format, except that a telecommunications provider whose
billing system is not capable of providing an electronic billing statement is not required
to provide billing in an electronic format;
new text end

new text begin (10) provide 30 days' advance notice to its end users of a rate increase for any
telecommunications service;
new text end

new text begin (11) not charge an end user for a telecommunications service for which the end user
did not explicitly contract or authorize the utilization of the service;
new text end

new text begin (12) not change an end user's telecommunications service without explicit
authorization from the end user; and
new text end

new text begin (13) not include on an end user's bill a charge for goods or services on behalf of a
third-party service provider unless the third-party service provider has obtained the end
user's authorization to include the charges on the end user's bill.
new text end

new text begin (b) This section does not apply to advanced service providers.
new text end

Sec. 9.

new text begin [237A.09] UNAUTHORIZED CHANGE OF TELECOMMUNICATIONS
PROVIDER.
new text end

new text begin Subdivision 1. new text end

new text begin End user must authorize change in telecommunications provider.
new text end

new text begin The telecommunications provider of any end user must not be changed, in whole or in
part, to another telecommunications provider without authorization from the end user. The
end user's authorization must be evidenced either by written or electronic authorization
signed by the subscriber or by the use of an independent third-party verification company.
new text end

new text begin Subd. 2. new text end

new text begin Telecommunications provider freeze. new text end

new text begin A telecommunications provider
freeze prevents a change in the end user's telecommunications provider unless the end
user gives the telecommunications provider that is providing the freeze express consent
for the change. All telecommunications providers capable of providing freezes shall
notify an end user of the end user's right to place a freeze on the end user's account. End
user notification required by this section must utilize uniform, competitively neutral
language and the form, content, and style of the authorization must be consistent with
state and federal law and regulation. An end user may change the end user's freeze at
any time by notifying the telecommunications provider of that decision. A separate
freeze authorization must be obtained by the telecommunications provider for local
exchange service, intraLATA/intrastate toll service, interLATA/interstate toll service, and
international toll service.
new text end

new text begin Subd. 3. new text end

new text begin Before change. new text end

new text begin Before requesting a change in an end user's
telecommunications provider, the telecommunications provider must confirm:
new text end

new text begin (1) the end user's identity with information unique to the end user, unless the end
user refused to provide identifying information, but if the end user refused to provide
identifying information, that fact should be noted;
new text end

new text begin (2) that the end user has been informed of the offering made by the
telecommunications provider;
new text end

new text begin (3) that the end user understands that the end user is being requested to change
telecommunications providers;
new text end

new text begin (4) that the end user has the authority to authorize the change; and
new text end

new text begin (5) that the end user agrees to the change.
new text end

new text begin Subd. 4. new text end

new text begin Verification procedures. new text end

new text begin (a) End user authorization for a change in the
end user's telecommunications provider may be verified using a third-party verification
procedure that complies with federal law or regulation. The requirement that the
telecommunications provider be able to produce evidence of end user authorization is
satisfied if the telecommunications provider uses a federally authorized verification
procedure. All verifications must be performed by an independent third-party verification
company. Notwithstanding this section, if federal law or regulation authorizes a
telecommunications provider to use a negative checkoff verification procedure, and the
provider does so, the provider must be able to produce a recording of the initial oral
authorization by the end user to change telecommunications providers as evidence of the
authorization. The initial oral authorization must include confirmation of the requirements
of subdivision 3.
new text end

new text begin (b) The independent third-party verification company must:
new text end

new text begin (1) be independent of the telecommunications provider that seeks to provide the
end user's new service;
new text end

new text begin (2) not be managed, controlled, directed, or owned in whole or in part by the
telecommunications provider that seeks to provide the end user's new service;
new text end

new text begin (3) operate from facilities physically separate from those of the telecommunications
provider that seeks to provide the end user's new service; and
new text end

new text begin (4) not derive commissions or compensation based upon the number of sales
confirmed.
new text end

new text begin (c) For purposes of this subdivision, "negative checkoff" means a verification
procedure that consists of:
new text end

new text begin (1) an initial oral authorization by the end user to change telecommunications
providers; and
new text end

new text begin (2) a mailing to the end user by the soliciting telecommunications provider regarding
the change in telecommunications providers which informs the end user that if the end
user fails to cancel the change in telecommunications providers, the change will be
deemed authorized and verified.
new text end

new text begin Subd. 5. new text end

new text begin Penalty for unauthorized changes. new text end

new text begin If the telecommunications provider
is not able to present, upon complaint by the end user, evidence that complies with this
section, the change to the service of the telecommunications provider is deemed to be
unauthorized from the date the telecommunications provider requested the change. In that
event, the telecommunications provider shall bear all costs of:
new text end

new text begin (1) immediately returning the end user to the original service provider of the end
user; and
new text end

new text begin (2) serving that end user during the period of unauthorized service.
new text end

new text begin Subd. 6. new text end

new text begin No application to advanced service providers. new text end

new text begin This section does not
apply to advanced service providers.
new text end

Sec. 10.

new text begin [237A.10] UNAUTHORIZED CHARGE FOR GOODS AND SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization required for charges for goods or services. new text end

new text begin A
telecommunications provider shall not add charges for goods or services to an end user's
bill without the end user's authorization.
new text end

new text begin Subd. 2. new text end

new text begin Billing for third-party goods and services. new text end

new text begin (a) A telecommunications
provider or a third-party provider shall not include on an end user's bill a charge for
goods or services sold by the third party unless the third-party service provider or the
telecommunications provider has:
new text end

new text begin (1) received authorization from the end user, as described in paragraphs (b) through
(d), to include charges for third-party goods and services on the end user's bill;
new text end

new text begin (2) advised the end user of the expected charges for the third-party goods and
services; and
new text end

new text begin (3) provided the end user with a ready means to cancel the third-party goods and
services.
new text end

new text begin (b) Written authorization may be in the form of a letter of agency, which must be
a separate or easily separable document. The sole purpose of the letter of agency must
be to authorize a charge for goods or services to appear on the end user's bill. The letter
of agency must be of sufficient size to be clearly legible and must contain clear and
unambiguous language that contains separate statements for each good or service for
which the end user is agreeing to be billed. The letter of agency must be signed and
dated by the end user.
new text end

new text begin (c) Oral authorizations must be verified by an independent third-party verifier. The
verification is valid only if:
new text end

new text begin (1) the independent third-party verifier confirms the end user's identity with
information unique to the end user, except that if the end user refuses to provide the
information, that fact must be noted; and
new text end

new text begin (2) the independent third-party verifier informs the end user that the end user is
agreeing to be billed for goods or services that will appear as a charge on the end user's bill.
new text end

new text begin (d) Electronic authorizations must be validated within 48 hours of receiving the
end user's authorization by sending the end user a notice of verification confirming the
authorization. The third-party service provider shall maintain a copy of the notice of
verification for the duration of the goods and services appearing as a charge on the end
user's bill.
new text end

new text begin Subd. 3. new text end

new text begin Billing for telecommunications services. new text end

new text begin A telecommunications provider
shall not include on an end user's bill a charge for telecommunications services unless the
telecommunications provider has:
new text end

new text begin (1) received authorization, either orally, electronically, or in writing from the end
user to include charges for telecommunications services on the end user's bill; and
new text end

new text begin (2) advised the end user of the expected charges for the telecommunications services.
new text end

new text begin Subd. 4. new text end

new text begin Penalty for unauthorized charges. new text end

new text begin If the telecommunications provider
or third-party provider is not able to present, upon complaint by the end user, evidence
that complies with this section, the charge for the service of the telecommunications
provider or third-party provider is deemed to be unauthorized. In that event, the
telecommunications provider or third-party provider shall:
new text end

new text begin (1) remove the unauthorized charge from the end user's bill; and
new text end

new text begin (2) credit the end user any amounts paid for the unauthorized charges that were
billed by the telecommunications provider or third-party provider during the six months
before the end user's complaint, unless the telecommunications provider or third-party
service provider can produce within 14 calendar days of the complaint evidence to the
end user of authorization by the end user.
new text end

new text begin Subd. 5. new text end

new text begin No application to advanced service providers. new text end

new text begin This section does not
apply to advanced service providers.
new text end

new text begin UNIVERSAL SERVICE FUND
new text end

Sec. 11.

new text begin [237A.11] UNIVERSAL SERVICE FUND.
new text end

new text begin Notwithstanding section 237A.02, subdivision 1, paragraph (b), the commission
may by rule establish and require contributions to a universal service fund, to be
supported on an equitable, competitively neutral, and nondiscriminatory basis. Services
that should be considered for inclusion as universal include, at a minimum, single-party
voice 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 shall be administered and distributed in
accordance with rules adopted by the commission and designed to preserve the availability
of universal service throughout the state. If the commission establishes a fund under
this section, the commission shall establish a reasonable statewide benchmark rate that
local exchange carriers shall either impute or charge their end user prior to obtaining
reimbursement from the fund. Any state universal service fund must be coordinated with
any federal universal service fund and be consistent with the requirements of Section
254(b)(1) to (5) of the 1996 Act.
new text end

new text begin MUNICIPAL TELEPHONE SERVICES
new text end

Sec. 12.

new text begin [237A.12] MUNICIPAL TELECOMMUNICATIONS SERVICES.
new text end

new text begin Any municipality shall have the right to own and operate a telephone exchange
within its own borders, subject to the provisions of this chapter. It may construct a plant,
or purchase an existing plant by agreement with the owner, or where it cannot agree
with the owner on price, it may acquire an existing plant by condemnation. In no case
shall a municipality construct or purchase a plant or proceed to acquire an existing plant
by condemnation until that action is authorized by a majority of the electors voting
upon the proposition at a general election or a special election called for that purpose.
If the proposal is to construct a new exchange where an exchange already exists, the
municipality is not authorized to do so unless 65 percent of those voting vote in favor of
the undertaking. A municipality that owns and operates a telephone exchange may enter
into a joint venture as a partner or shareholder with a telecommunications organization to
provide telecommunications services within its service area.
new text end

Sec. 13.

new text begin [237A.13] CONDEMNATION: NOTICE, COMPENSATION, APPEAL.
new text end

new text begin When a municipality decides to acquire an existing plant by condemnation as
provided in section 237A.11, it shall give notice to the commission. The commission
shall determine the just compensation that the owner of the plant is entitled to receive
from the municipality. Before deciding upon the compensation, the commission shall, at
a public meeting that may be convened from time to time, hear all interested parties on
the question involved. The commission shall by order fix the compensation and furnish a
copy of its order to the municipality and to the telephone company concerned. A party
may appeal to the district court of the county in which the plant is situated the part of the
order fixing the compensation to be paid within 30 days. The appeal shall be tried the
same as other appeals under this chapter. If not appealed, the order of the commission
becomes final after 30 days.
new text end

new text begin ASSESSMENTS
new text end

Sec. 14.

new text begin [237A.14] ASSESSMENT OF REGULATORY EXPENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Assessment of costs. new text end

new text begin The commission shall quarterly, at least 30
days before the start of each quarter, estimate the total of the commission's expenditures
in the performance of the commission's duties relating to telecommunications providers,
other than amounts chargeable to telecommunications providers under subdivision 4.
This amount must be assessed by the commission to the telecommunications providers
operating in this state in proportion to their respective gross jurisdictional operating
revenues during the last calendar year. The assessment must be paid into the state treasury
within 30 days after the bill has been transmitted via mail, personal delivery, or electronic
service to the telecommunications providers. The bill constitutes notice of the assessment
and demand of payment. The total amount that may be assessed to the telecommunications
providers under this subdivision may not exceed 3/32 of one percent of the total gross
jurisdictional operating revenues during the calendar year. The assessment for the third
quarter of each fiscal year shall be adjusted to compensate for the amount by which actual
expenditures by the commission for the preceding fiscal year were less than the estimated
expenditures previously assessed. A telecommunications provider with gross jurisdictional
operating revenues of less than $5,000 is exempt from assessments under this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Objection. new text end

new text begin Within 30 days after the date of the transmittal of any bill as
provided by subdivision 1 or 4, the parties to the proceeding, against which the bill has
been assessed, may file with the commission objections setting out the grounds upon
which it is claimed the bill is excessive, erroneous, unlawful, or invalid. The commission
shall within 60 days issue an order in accordance with its findings. The order is appealable
in the same manner as other final orders of the commission.
new text end

new text begin Subd. 3. new text end

new text begin Interest imposed. new text end

new text begin The amounts assessed against any telecommunications
provider or other party that is not paid after 30 days after the transmittal of a notice
advising the telecommunications provider or other party of the amount assessed against
it shall draw interest at the rate of six percent per annum. Upon failure to pay the
assessment, the attorney general shall proceed by action in the name of the state against
the telecommunications provider or other party to collect the amount due, accrued interest,
and reasonable attorney fees and costs.
new text end

new text begin Subd. 4. new text end

new text begin Administrative hearing costs; appropriation. new text end

new text begin Any amounts billed to
the commission by the Office of Administrative Hearings for contested case hearings
held pursuant to section 237A.15, subdivision 5, shall be assessed by the commissioner
against the parties to the proceeding. The assessment shall be paid into the state treasury
within 30 days after a bill, which constitutes notice of the assessment and demand for
payment of it, has been transmitted to the parties. Money received shall be credited to
a special account and is appropriated to the commission for payment to the Office of
Administrative Hearings.
new text end

Sec. 15.

new text begin [237A.15] PROPRIETARY INFORMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Proprietary information to be protected. new text end

new text begin The commission shall
maintain the confidentiality of all proprietary information including trade secrets, business
plans, and other confidential information that becomes known to the commission or
comes into the commission's possession or control, and the commission shall not disclose
proprietary information without adequate protection of the information and reasonable
notice to the affected person.
new text end

new text begin Subd. 2. new text end

new text begin Protective orders. new text end

new text begin The commission shall have the authority to enter any
protective order necessary and appropriate to maintain the confidentiality of proprietary
information. The order may be entered only after giving the affected parties 30 days'
advance notice and the opportunity to be heard in connection with the proposed protective
order.
new text end

new text begin Subd. 3. new text end

new text begin Public meetings of commission. new text end

new text begin In any meeting of the commission during
which information that is subject to a protective order is discussed, the commission shall
close to all persons who are not authorized to obtain the information under the protective
order that portion of the meeting during which the information will be discussed. The
commission shall also take other appropriate measures to ensure that the data is not
disclosed to persons who are not authorized to obtain the information under the protective
order, to include sealing all or part of the hearing record.
new text end

Sec. 16.

new text begin [237A.16] COMMISSION ADMINISTRATIVE PROCEEDINGS,
APPEALS, REMEDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Rules and regulations. new text end

new text begin The commission shall adopt rules and
regulations consistent with this chapter to govern all matters over which the commission
has jurisdiction within 180 days of the effective date of this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Complaint investigation and procedure. new text end

new text begin Upon a complaint made against
a telecommunications provider by any other provider of telecommunications service that
any of the rates, charges, schedules, tariffs, terms, and conditions, or any regulation,
practice, act, or omission affecting or relating to the production, transmission, delivery, or
furnishing of telecommunications service, the commission shall, within 30 days of the
filing of the complaint, review the complaint to determine whether it has jurisdiction over
the matter and whether there are reasonable grounds to investigate the allegations. Upon
concluding that it lacks jurisdiction or that there is no reasonable basis for the investigation,
the commission shall promptly dismiss the complaint. If the commission finds that it has
jurisdiction and that there is a reasonable basis for the investigation, the commission shall
determine whether a contested case hearing shall be conducted under chapter 14.
new text end

new text begin Subd. 3. new text end

new text begin Service; notice. new text end

new text begin A copy of an order issued under this chapter must be
served upon the person against whom it runs or the person's attorney. Notice of the order
must be given to the other parties to the proceedings or their attorneys.
new text end

new text begin Subd. 4. new text end

new text begin Transcribed copy of record; expense. new text end

new text begin (a) The commission shall keep
a full and complete record of all proceedings before it on any investigation or hearing,
and the commission shall furnish a transcribed copy of the record to any party to the
investigation upon request and payment of the expense of furnishing the transcribed copy.
new text end

new text begin (b) When an appeal is taken from any order of the commission under the provisions
of this chapter, the commission shall prepare a certified transcript of all proceedings,
pleadings and files, and testimony taken or offered before it upon which the order was
based, showing particularly what, if any, evidence offered was excluded. The commission
shall file the transcript with the court administrator of the district court where the appeal is
pending.
new text end

new text begin Subd. 5. new text end

new text begin Appeal from decision of commission. new text end

new text begin Any party to a proceeding before
the commission or the attorney general may make and perfect an appeal from the order
in accordance with chapter 14. If the court finds from an examination of the record that
the commission erroneously rejected evidence which should have been admitted, it shall
remand the proceedings to the commission with instructions to receive the evidence
rejected and any rebutting evidence and make new findings and return them to the court
for further review. In that case the commission, after notice to the parties in interest, shall
proceed to rehear the matter in controversy, and receive the wrongfully rejected evidence
and any rebutting evidence offered and make new findings, as upon the original hearing,
and transmit it and the new record, properly certified, to the Court of Appeals, where the
matter shall again be considered in the court in the same manner as in an original appeal.
new text end

new text begin Subd. 6. new text end

new text begin Order final and conclusive. new text end

new text begin If no appeal is taken from any order of the
commission, as provided in subdivision 5, then in all future litigation arising between
the state and any telecommunications provider or between private parties and any
telecommunications provider, the order shall be deemed final and conclusive.
new text end

new text begin Subd. 7. new text end

new text begin Attorney general to compel obedience. new text end

new text begin When any telecommunications
provider fails to comply with any law of the state or any order of the commission after it
has become final, or any order or judgment of the district court, the Court of Appeals, or
the Supreme Court in any cases taken to any of the courts on appeal, after the judgment or
order has become final, the attorney general shall apply to the district court in the name of
the state in any county in which the plant of the telecommunications provider, or any part
of it, is situated, for a mandatory injunction or other appropriate writ to compel obedience
to the law, order, or judgment. The district court shall punish any disobedience of its
orders in the enforcement proceedings as for contempt of court.
new text end

Sec. 17.

new text begin [237A.17] VIOLATIONS; PENALTIES; ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Actions. new text end

new text begin This chapter and rules and orders of the commission
adopted under this chapter may be enforced by any one or combination of criminal
prosecution, action to recover civil penalties, injunction, action to compel performance,
and other appropriate action.
new text end

new text begin Subd. 2. new text end

new text begin Civil penalty. new text end

new text begin A person who knowingly and intentionally violates a
provision of this chapter or rule or order of the commission adopted under this chapter
shall forfeit and pay to the state a penalty, in an amount to be determined by the court, of
at least $100 and not more than $5,000 for each day of each violation.
new text end

new text begin Subd. 3. new text end

new text begin Civil penalty proceeds deposited in treasury. new text end

new text begin The civil penalties
provided for in this section may be recovered by a civil action brought by the attorney
general in the name of the state. Amounts recovered under this section must be paid
into the state treasury.
new text end

Sec. 18.

new text begin [237A.18] OBTAINING SERVICE BY FRAUD; INJUNCTION.
new text end

new text begin Subdivision 1. new text end

new text begin Equitable relief. new text end

new text begin Whenever it appears that a person is engaged in
an act that constitutes or will constitute a violation of section 609.893, a representative
of a telecommunications provider or a person harmed by an alleged violation of section
609.893 may begin a civil proceeding in a district court to enjoin the violation and may
petition the court to issue an order for the discontinuance of telecommunications service.
new text end

new text begin Subd. 2. new text end

new text begin Venue. new text end

new text begin An action under this section must be brought in the county in
which subject matter of the action, or some part of it, is located or found, and must be
commenced by the filing of a complaint that must be verified by affidavit.
new text end

new text begin Subd. 3. new text end

new text begin Temporary restraining order. new text end

new text begin If it is shown to the satisfaction of the
court, either by verified complaint or affidavit, that a person is engaged in an act that
constitutes a violation of section 609.893, the court shall issue a temporary restraining
order to abate and prevent the continuance or recurrence of the act. Notice of the
complaint shall be given and a hearing on the issuance of a temporary restraining order
shall be held under the Rules of Civil Procedure. The court shall direct the county sheriff
to seize and keep until further order of the court any device that is being used in violation
of section 609.893. The temporary restraining order expires after ten days.
new text end

new text begin Subd. 4. new text end

new text begin Permanent injunction. new text end

new text begin The court may issue a permanent injunction
to restrain, abate, or prevent the continuance or recurrence of the violation of section
609.893. The court may grant declaratory relief, mandatory orders, or any other relief
it judges necessary to accomplish the purposes of the injunction. The court may keep
jurisdiction of the case for the purpose of enforcing its orders.
new text end

new text begin Subd. 5. new text end

new text begin Discontinuance of telecommunications service. new text end

new text begin If it is shown to the
satisfaction of the court, by affidavit, that a person is engaged in an act that constitutes a
violation of section 609.893, the court may issue an order that shall be promptly served
upon the person in whose name the telecommunications device is listed, requiring the
party, within a reasonable time to be fixed by the court but not exceeding 48 hours from
the time of service of the petition on the party, to show cause before the judge why
telecommunications service should not promptly be discontinued. At the hearing, the
burden of proof is on the complainant.
new text end

new text begin Subd. 6. new text end

new text begin Disconnect order. new text end

new text begin Upon a finding by the court that the telecommunications
device is being used or has been used in violation of section 609.893, the court shall
issue an order requiring the telecommunications provider that is rendering service over
the device to disconnect the service. The order shall be served upon an officer of the
telecommunications provider by the sheriff of the county in which the telecommunications
device is installed or by a duly authorized deputy. Upon receipt of the order, the
telecommunications provider shall proceed promptly to disconnect and remove the service
and discontinue all telecommunications service until further order of the court.
new text end

new text begin Subd. 7. new text end

new text begin Immunity. new text end

new text begin No telecommunications provider is liable for any damages,
penalty, or forfeiture, whether civil or criminal, for an act performed in compliance with
an order issued by the court.
new text end

Sec. 19.

new text begin [237A.19] NO PRIVATE CAUSE OF ACTION.
new text end

new text begin Nothing in this chapter shall be construed to create any private cause of action
or right to relief for any person or entity.
new text end

Sec. 20. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 19 are effective ................
new text end

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2010, section 237.081, is amended to read:

237.081 INVESTIGATION.

deleted text begin Subdivision 1. deleted text end

deleted text begin Commission investigation. deleted text end

deleted text begin Whenever the commission believes
that a service is inadequate or cannot be obtained or that an investigation of any matter
relating to any telephone service should for any reason be made, it may on its own motion
investigate the service or matter with or without notice, except that the commission shall
give notice to a telephone company before it investigates the level of rates charged by
the company.
deleted text end

Subd. 1a.

Complaint investigation.

Upon a complaint deleted text begin made against a telephone
company by any other provider of telephone service, by the governing body of a political
subdivision, or by no fewer than five percent or 100, whichever is the lesser number, of
the subscribers or spouses of subscribers of the particular telephone company, that any of
the rates, tolls, tariffs, charges, or schedules, or any regulation, measurement, practice, act,
or omission affecting or relating to the production, transmission, delivery, or furnishing of
telephone service or any service in connection with telephone service is in any respect
unreasonable, insufficient, or unjustly discriminatory, or that any service is inadequate or
cannot be obtaineddeleted text end new text begin , as provided for in section 237.56, that a violation of sections 237.50
to 237.55 has occurrednew text end , the commission, after notice to the deleted text begin telephone companydeleted text end new text begin affected
personsnew text end , shall investigate the matters raised by the complaint.

Subd. 2.

Procedure after investigation.

deleted text begin (a)deleted text end If, after making an investigation under
subdivision deleted text begin 1 ordeleted text end 1a, the commission finds that a significant factual issue raised has not
been resolved to its satisfaction, the commission shall deleted text begin follow the appropriate procedure
prescribed by this subdivision.
deleted text end

deleted text begin (b) For an investigation concerning the reasonableness of the rates for noncompetitive
services of a telephone company whose general revenue requirement is determined under
section 237.075, the commission shall order the company to initiate a rate proceeding in
accordance with section 237.075. The commission shall allow the company at least 120
days after the date of the commission's order to initiate the proceeding.
deleted text end

deleted text begin (c) For other investigations, the commission shalldeleted text end order that a contested case hearing
be conducted under chapter 14 deleted text begin unless the complainant, the telephone company, and the
commission agree that an expedited hearing under section 237.61 is appropriatedeleted text end .

Subd. 4.

deleted text begin Establishment of rate and pricedeleted text end new text begin Order requirednew text end .

Whenever the
commission finds, after a proceeding under subdivision 2, that deleted text begin (1) a service that can be
reasonably demanded cannot be obtained, (2) that any rate, toll, tariff, charge, or schedule,
or any regulation, measurement, practice, act, or omission affecting or relating to the
production, transmission, delivery, or furnishing of telephone service or any service in
connection with telephone service, is in any respect unreasonable, insufficient, or unjustly
discriminatory, or (3) that any service is inadequatedeleted text end new text begin a violation of sections 237.50 to
237.55 has occurrednew text end , the commission shall deleted text begin makedeleted text end new text begin issuenew text end an order deleted text begin respecting the tariff,
regulation, act, omission, practice, or service that is just and reasonable and, if applicable,
shall establish just and reasonable rates and pricesdeleted text end new text begin with respect to the violation and order
appropriate action to remedy the violationnew text end .

Subd. 5.

Service; notice.

A copy of an order issued under this section must be
served upon the person against whom it runs or the person's attorney, and notice of the
order must be given to the other parties to the proceedings or their attorneys.

Sec. 2.

Minnesota Statutes 2010, section 237.50, is amended by adding a subdivision
to read:

new text begin Subd. 10a. new text end

new text begin Radio common carrier. new text end

new text begin "Radio common carrier" means a person, firm,
association, or corporation that owns, operates, or otherwise furnishes to the public any
paging or other mobile telecommunications service by means of the use of radio signals
and connection to a telephone network.
new text end

Sec. 3.

Minnesota Statutes 2010, section 237.50, is amended by adding a subdivision
to read:

new text begin Subd. 10b. new text end

new text begin Telecommunications carrier. new text end

new text begin (a) "Telecommunications carrier" means
a person, firm, association, or corporation authorized to furnish one or more of the
following telephone services to the public, but not otherwise authorized to furnish local
exchange service:
new text end

new text begin (1) interexchange telephone service;
new text end

new text begin (2) local telephone service pursuant to a certificate granted under section 237.16,
subdivision 4, before August 1, 1995; or
new text end

new text begin (3) local service pursuant to a certificate granted under section 237.16, for the first
time after August 1, 1995, except if granted to a successor to a telephone company
otherwise authorized to furnish local exchange service.
new text end

new text begin (b) Telecommunications carrier does not include entities that derive more than 50
percent of their revenues from operator services provided to transient locations such
as hotels, motels, and hospitals.
new text end

new text begin (c) Telecommunications carrier does not include entities that provide centralized
equal access service.
new text end

Sec. 4.

Minnesota Statutes 2010, section 237.50, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Telephone company. new text end

new text begin (a) "Telephone company" means and applies to any
person, firm, association, or any corporation, private or municipal, owning or operating
any telephone line or telephone exchange for hire, in whole or in part, within the state, or
furnishing any telephone service to the public.
new text end

new text begin (b) A telephone company does not include a radio common carrier. A telephone
company which also conforms with the definition of a radio common carrier is subject to
regulation as a telephone company. However, none of this chapter applies to telephone
company activities which conform to the definition of a radio common carrier.
new text end

new text begin (c) A telephone company does not include a telecommunications carrier, except that
a telecommunications carrier is a telephone company for the purposes of section 222.36.
new text end

Sec. 5.

Minnesota Statutes 2010, section 237.51, subdivision 1, is amended to read:

Subdivision 1.

Creation.

The commissioner of commerce shall:

(1) administer through interagency agreement with the commissioner
of human services a program to distribute communication devices to eligible
communication-impaired persons; and

(2) contract with a qualified vendor that serves communication-impaired persons
to create and maintain a telecommunication relay service.

For purposes of sections 237.51 to 237.56, the Department of Commerce and any
organization with which it contracts pursuant to this section or section 237.54, subdivision
2, are not telephone companies or telecommunications carriers deleted text begin as defined in section
237.01deleted text end .

Sec. 6.

Minnesota Statutes 2010, section 237.681, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of this section:

(1) "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;deleted text begin
and
deleted text end

(2) "property owner" means a person who owns or, under a contract with the owner,
manages a building, property, complex, or other facility where private shared services
are provideddeleted text begin .deleted text end new text begin , and
new text end

new text begin (3) "telephone company" means and applies to any person, firm, association or any
corporation, private or municipal, owning or operating any telephone line or telephone
exchange for hire, wholly or partly within this state, or furnishing any telephone service to
the public. A telephone company does not include a radio common carrier.
new text end

Sec. 7.

Minnesota Statutes 2010, section 237.69, is amended by adding a subdivision
to read:

new text begin Subd. 15a. new text end

new text begin Independent telephone company. new text end

new text begin "Independent telephone company"
means a telephone company organized and operating under chapter 301 or 302A or
authorized to do business in Minnesota under chapter 303 as of January 1, 1983, and
providing local exchange service to fewer than 30,000 subscribers within the state.
new text end

Sec. 8.

Minnesota Statutes 2010, section 237.69, is amended by adding a subdivision
to read:

new text begin Subd. 15b. new text end

new text begin Radio common carrier. new text end

new text begin "Radio common carrier" means a person, firm,
association, or corporation which owns, operates, or otherwise furnishes to the public any
paging or other mobile telecommunications service by means of the use of radio signals
and connection to a telephone network.
new text end

Sec. 9.

Minnesota Statutes 2010, section 237.69, subdivision 17, is amended to read:

Subd. 17.

Telephone company.

"Telephone company" deleted text begin has the meanings given it in
section 237.01, subdivisions 3 and 7, that provides local exchange telephone servicedeleted text end new text begin means
and applies to any person, firm, association, or any corporation, private or municipal,
owning or operating any telephone line or telephone exchange for hire, in whole or in part
within the state, or furnishing any telephone service to the publicnew text end .

new text begin A telephone company does not include a radio common carrier. A telephone
company that also conforms with the definition of a radio common carrier is subject to
regulation as a telephone company; however, this chapter does not apply to telephone
company activities that conform to the definition of a radio common carrier.
new text end

new text begin A telephone company does not include a telecommunications carrier, except that a
telecommunications carrier is a telephone company for the purposes of section 222.36.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 237.01, subdivisions 1, 3, 4, 6, 7, and 8; 237.011;
237.012; 237.02; 237.03; 237.035; 237.036; 237.05; 237.06; 237.065; 237.066; 237.067;
237.068; 237.069; 237.07; 237.071; 237.072; 237.075, subdivisions 1, 2, 3, 4, 5, 6, 7, 8,
9, 10, and 11; 237.076; 237.082; 237.09; 237.10; 237.101; 237.11; 237.115; 237.12;
237.121; 237.14; 237.15; 237.155; 237.16, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and
13; 237.164; 237.17; 237.18; 237.19; 237.20; 237.21; 237.22; 237.23; 237.231; 237.24;
237.25; 237.26; 237.27; 237.28; 237.295; 237.30; 237.33; 237.34; 237.35; 237.36; 237.37;
237.38; 237.39; 237.40; 237.411; 237.414; 237.435; 237.44; 237.45; 237.46; 237.461,
subdivisions 1, 2, and 4; 237.47; 237.57; 237.59, subdivisions 1, 1a, 2, 3, 4, 5, 6, 8, 9, and
10; 237.60, subdivisions 3 and 4; 237.61; 237.626; 237.64; 237.66, subdivisions 1, 1a, 1c,
1d, 2, 2a, and 3; 237.661; 237.662; 237.663; 237.665; 237.67; 237.681, subdivision 5;
237.73; 237.74; 237.75; 237.76; 237.761; 237.762; 237.763; 237.764; 237.765; 237.766;
237.767; 237.768; 237.769; 237.770; 237.771; 237.772; 237.773, subdivisions 1, 2, 3, and
4; 237.774; 237.775; 237.79; 237.80; and 237.81, new text end new text begin are repealed.
new text end

Sec. 11. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 10 are effective ...........
new text end

HF 1692

Bill Text Versions

Current Version - as introduced

ARTICLE 1

TELEPHONE AND TELECOMMUNICATIONS

Section 1.

new text begin [237A.01] DEFINITIONS. new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin Subd. 2. new text end

new text begin Advanced services. new text end

new text begin Subd. 3. new text end

new text begin Advanced services provider. new text end

new text begin Subd. 4. new text end

new text begin Basic telecommunications service. new text end

new text begin Subd. 5. new text end

new text begin Commission. new text end

new text begin Subd. 6. new text end

new text begin Competitive local exchange carrier or CLEC. new text end

new text begin Subd. 7. new text end

new text begin End user. new text end

new text begin Subd. 8. new text end

new text begin Exchange access. new text end

new text begin Subd. 9. new text end

new text begin Incumbent local exchange carrier or ILEC. new text end

new text begin Subd. 10. new text end

new text begin Independent local exchange carrier. new text end

new text begin Subd. 11. new text end

new text begin Interexchange carrier. new text end

new text begin Subd. 12. new text end

new text begin Interexchange service. new text end

new text begin Subd. 13. new text end

new text begin InterLATA. new text end

new text begin Subd. 14. new text end

new text begin IntraLATA. new text end

new text begin Subd. 15. new text end

new text begin Intrastate access service. new text end

new text begin Subd. 16. new text end

new text begin Local access and transport area or LATA. new text end

new text begin Subd. 17. new text end

new text begin Local exchange carrier or LEC. new text end

new text begin Subd. 18. new text end

new text begin Nonbasic telecommunications service. new text end

new text begin Subd. 19. new text end

new text begin Person. new text end

new text begin Subd. 20. new text end

new text begin Retail rate transition period. new text end

new text begin Subd. 21. new text end

new text begin Retail telecommunications service. new text end

new text begin Subd. 22. new text end

new text begin Telecommunications. new text end

new text begin Subd. 23. new text end

new text begin Telecommunications service. new text end

new text begin Subd. 24. new text end

new text begin Telecommunications provider. new text end

new text begin Subd. 25. new text end

new text begin Telephone exchange service. new text end

new text begin Subd. 26. new text end

new text begin Wholesale telecommunications service. new text end

new text begin Subd. 27. new text end

new text begin 1996 Act. new text end

Sec. 2.

new text begin [237A.02] JURISDICTION OF COMMISSION, DEPARTMENT, AND ATTORNEY GENERAL. new text end

new text begin Subdivision 1. new text end

new text begin Commission jurisdiction under this chapter. new text end

new text begin Subd. 2. new text end

new text begin Department of Commerce authority. new text end

new text begin Subd. 3. new text end

new text begin Attorney general authority. new text end

Sec. 3.

new text begin [237A.03] RETAIL RATE TRANSITION PERIOD FOR BASIC SERVICES. new text end

Sec. 4.

new text begin [237A.04] ALTERNATIVE REGULATION PLANS TERMINATED. new text end

Sec. 5.

new text begin [237A.05] WHOLESALE TELECOMMUNICATIONS SERVICES. new text end

new text begin Subdivision 1. new text end

new text begin Authority generally. new text end

new text begin Subd. 2. new text end

new text begin Interconnection. new text end

new text begin Subd. 3. new text end

new text begin [237A.01] DEFINITIONS.
new text end

new text begin [237A.02] JURISDICTION OF COMMISSION, DEPARTMENT, AND
ATTORNEY GENERAL.
new text end

new text begin [237A.03] RETAIL RATE TRANSITION PERIOD FOR BASIC
SERVICES.
new text end

new text begin [237A.04] ALTERNATIVE REGULATION PLANS TERMINATED.
new text end

new text begin [237A.05] WHOLESALE TELECOMMUNICATIONS SERVICES.
new text end

new text begin [237A.06] SCHEDULES, TARIFFS, AND INDIVIDUAL CONTRACTS.
new text end

new text begin [237A.07] CERTIFICATION, REGISTRATION, AND MAPPING.
new text end

new text begin END USER CONSUMER PROTECTION
new text end

new text begin [237A.08] END USER CONSUMER BILL OF RIGHTS.
new text end

new text begin [237A.09] UNAUTHORIZED CHANGE OF TELECOMMUNICATIONS
PROVIDER.
new text end

new text begin End user must authorize change in telecommunications provider.
new text end

new text begin [237A.10] UNAUTHORIZED CHARGE FOR GOODS AND SERVICES.
new text end

new text begin UNIVERSAL SERVICE FUND
new text end

new text begin [237A.11] UNIVERSAL SERVICE FUND.
new text end

new text begin MUNICIPAL TELEPHONE SERVICES
new text end

new text begin [237A.12] MUNICIPAL TELECOMMUNICATIONS SERVICES.
new text end

new text begin [237A.13] CONDEMNATION: NOTICE, COMPENSATION, APPEAL.
new text end

new text begin ASSESSMENTS
new text end

new text begin [237A.14] ASSESSMENT OF REGULATORY EXPENSES.
new text end