1.1 	A bill for an act
1.2 	relating to telecommunications; streamlining telecommunications regulations; 
1.3 	modifying and updating civil penalties, rate regulation, regulatory requirements, 
1.4 	and technical provisions;amending Minnesota Statutes 2010, sections 237.081; 
1.5 	237.50, by adding subdivisions; 237.51, subdivision 1; 237.681, subdivision 1; 
1.6 	237.69, subdivision 17, by adding subdivisions; proposing coding for new law as 
1.7 	Minnesota Statutes, chapter 237A; repealing Minnesota Statutes 2010, sections 
1.8 	237.01, subdivisions 1, 3, 4, 6, 7, 8; 237.011; 237.012; 237.02; 237.03; 237.035; 
1.9 	237.036; 237.05; 237.06; 237.065; 237.066; 237.067; 237.068; 237.069; 237.07; 
1.10 	237.071; 237.072; 237.075, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11; 237.076; 
1.11 	237.082; 237.09; 237.10; 237.101; 237.11; 237.115; 237.12; 237.121; 237.14; 
1.12 	237.15; 237.155; 237.16, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; 
1.13 	237.164; 237.17; 237.18; 237.19; 237.20; 237.21; 237.22; 237.23; 237.231; 
1.14 	237.24; 237.25; 237.26; 237.27; 237.28; 237.295; 237.30; 237.33; 237.34; 
1.15 	237.35; 237.36; 237.37; 237.38; 237.39; 237.40; 237.411; 237.414; 237.435; 
1.16 	237.44; 237.45; 237.46; 237.461, subdivisions 1, 2, 4; 237.47; 237.57; 237.59, 
1.17 	subdivisions 1, 1a, 2, 3, 4, 5, 6, 8, 9, 10; 237.60, subdivisions 3, 4; 237.61; 
1.18 	237.626; 237.64; 237.66, subdivisions 1, 1a, 1c, 1d, 2, 2a, 3; 237.661; 237.662; 
1.19 	237.663; 237.665; 237.67; 237.681, subdivision 5; 237.73; 237.74; 237.75; 
1.20 	237.76; 237.761; 237.762; 237.763; 237.764; 237.765; 237.766; 237.767; 
1.21 	237.768; 237.769; 237.770; 237.771; 237.772; 237.773, subdivisions 1, 2, 3, 4; 
1.22 	237.774; 237.775; 237.79; 237.80; 237.81.
1.23 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.24 	ARTICLE 1
1.25 	TELEPHONE AND TELECOMMUNICATIONS

1.26 	Section 1. [237A.01] DEFINITIONS.
1.27 		Subdivision 1.Generally. For purposes of this chapter, the following terms have 
1.28 	the meanings given.
1.29 		Subd. 2.Advanced services. "Advanced services" means:
1.30 	(1) "advanced services" as defined in Code of Federal Regulations, title 47, section 
1.31 	51.5;
2.1 	(2) "information services" as defined in United States Code, title 47, section 153, 
2.2 	paragraph (20);
2.3 	(3) "Internet protocol-enabled services," which is defined as any service, 
2.4 	functionality, or application that uses Internet protocol, a comparable protocol, or a 
2.5 	successor protocol, and enables an end user to send or receive a voice, data, or video 
2.6 	communication;
2.7 	(4) "commercial mobile radio service" as defined in United States Code, title 47, 
2.8 	section 332; or
2.9 	(5) any telecommunications service not commercially available on the effective 
2.10 	date of this chapter.
2.11 		Subd. 3.Advanced services provider. "Advanced services provider" means a 
2.12 	person or entity that provides any advanced services.
2.13 		Subd. 4.Basic telecommunications service. (a) "Basic telecommunications 
2.14 	service" means retail, stand-alone residential telephone exchange service that is:
2.15 	(1) the only telecommunications service provided to and purchased by a residential 
2.16 	end user;
2.17 	(2) not part of a package of features, services, or products;
2.18 	(3) not part of a customer-specific contract; and
2.19 	(4) not sold in a promotion or otherwise offered at a discounted price.
2.20 	(b) Basic telecommunications service includes, at a minimum, each of the following:
2.21 	(1) voice-grade access to the public switched telephone network;
2.22 	(2) dual-tone multifrequency signaling and single-party telecommunications service;
2.23 	(3) access to:
2.24 	(i) emergency services, including 911 and enhanced 911 where available;
2.25 	(ii) operator services;
2.26 	(iii) local directory assistance;
2.27 	(iv) telephone relay services; and
2.28 	(v) interexchange service, regardless of the interexchange carrier selected; and
2.29 	(4) toll limitation services for qualifying low-income end users.
2.30 	(c) Basic telecommunications service does not include:
2.31 	(1) advance services; or
2.32 	(2) the necessary software, hardware, transmission service, or transmission path for 
2.33 	voice, data, or video communications, or any combination of those communications.
2.34 		Subd. 5.Commission. "Commission" means the Public Utilities Commission.
3.1 		Subd. 6.Competitive local exchange carrier or CLEC. "Competitive local 
3.2 	exchange carrier" or "CLEC" means a local exchange carrier who was granted a certificate 
3.3 	of authority to provide service after February 8, 1996.
3.4 		Subd. 7.End user. "End user" means a retail customer of a telecommunications 
3.5 	provider.
3.6 		Subd. 8.Exchange access. "Exchange access" means the offering of switched 
3.7 	access to telephone exchange services or facilities for the purpose of the origination or 
3.8 	termination of telephone toll services within the state.
3.9 		Subd. 9.Incumbent local exchange carrier or ILEC. "Incumbent local exchange 
3.10 	carrier" or "ILEC" means a local exchange carrier who was granted a certificate of 
3.11 	authority to provide service before February 8, 1996, including any successors or assigns 
3.12 	of the carrier that provides wireline telephone exchange service.
3.13 		Subd. 10.Independent local exchange carrier. "Independent local exchange 
3.14 	carrier" means an incumbent local exchange carrier organized and operating under chapter 
3.15 	301 or 302A or authorized to do business in Minnesota under chapter 303 as of January 
3.16 	1, 1983, and providing local exchange service to fewer than 50,000 subscribers within 
3.17 	the state.
3.18 		Subd. 11.Interexchange carrier. "Interexchange carrier" means a provider of 
3.19 	interexchange services.
3.20 		Subd. 12.Interexchange service. "Interexchange service" means the access and 
3.21 	transmission of communications between two or more local exchange areas, except 
3.22 	for two-way switched communications between local exchanges that are grouped for 
3.23 	extended area service.
3.24 		Subd. 13.InterLATA. "InterLATA" means telecommunications between a point 
3.25 	located in a local access and transport area and a point located outside that area.
3.26 		Subd. 14.IntraLATA. "IntraLATA" means telecommunications between a point 
3.27 	located in a local access and transport area and a point located inside that area.
3.28 		Subd. 15.Intrastate access service. "Intrastate access service" means exchange 
3.29 	access services and special access services.
3.30 		Subd. 16.Local access and transport area or LATA. "Local access and transport 
3.31 	area" or "LATA" has the meaning given it in United States Code, title 47, section 153, 
3.32 	paragraph (25).
3.33 		Subd. 17.Local exchange carrier or LEC. "Local exchange carrier" or "LEC" 
3.34 	has the meaning given it in United States Code, title 47, section 153, paragraph (26), 
3.35 	and includes competitive local exchange carriers, incumbent local exchange carriers, 
3.36 	and independent local exchange carriers.
4.1 		Subd. 18.Nonbasic telecommunications service. (a) "Nonbasic 
4.2 	telecommunications service" means all retail telecommunications services that are 
4.3 	included in:
4.4 	(1) customer-specific contracts;
4.5 	(2) volume, term, and discount pricing options; or
4.6 	(3) packages, bundles, and promotions, including, without limitation, offers designed 
4.7 	to obtain new end users, retain existing end users, or bring back former end users.
4.8 	(b) Nonbasic telecommunications service does not include:
4.9 	(1) basic telecommunications service, except that basic telecommunications 
4.10 	service shall be included in the term "nonbasic telecommunications service" when basic 
4.11 	telecommunications service is purchased by the end user (i) in conjunction with another 
4.12 	service; (ii) as part of a package of features, services, or products, or in connection 
4.13 	with a promotion; (iii) pursuant to a customer-specific contract; or (iv) at an otherwise 
4.14 	discounted price; or
4.15 	(2) intrastate access service.
4.16 		Subd. 19.Person. "Person" includes a natural person, individual, trustee, 
4.17 	partnership, joint venture, joint-stock company, trust, organization, municipality, 
4.18 	association, limited liability company, corporation, or other legal or commercial entity.
4.19 		Subd. 20.Retail rate transition period. "Retail rate transition period" means the 
4.20 	period beginning on May ...., 2011, and ending on May ...., 2012.
4.21 		Subd. 21.Retail telecommunications service. "Retail telecommunications service" 
4.22 	means basic telecommunications service and nonbasic telecommunications service offered 
4.23 	by a telecommunications provider to its end users.
4.24 		Subd. 22.Telecommunications. "Telecommunications" has the meaning given it in 
4.25 	United States Code, title 47, section 153, paragraph (43).
4.26 		Subd. 23.Telecommunications service. "Telecommunications service" has the 
4.27 	meaning given it in United States Code, title 47, section 153, paragraph (46). The term 
4.28 	telecommunications service does not include any service that is an advanced service.
4.29 		Subd. 24.Telecommunications provider. "Telecommunications provider" means 
4.30 	a person or entity that offers any telecommunications service as defined in this chapter, 
4.31 	including local exchange carriers and interexchange services.
4.32 		Subd. 25.Telephone exchange service. "Telephone exchange service" has the 
4.33 	meaning given it in United States Code, title 47, section 153, paragraph (47).
4.34 		Subd. 26.Wholesale telecommunications service. "Wholesale telecommunications 
4.35 	service" means:
5.1 	(1) any telecommunications service offered under an interconnection agreement 
5.2 	between an ILEC and a CLEC pursuant to sections 251 and 252 of the 1996 Act; or
5.3 	(2) intrastate access service.
5.4 		Subd. 27.1996 Act. "1996 Act" means the federal Telecommunications Act of 
5.5 	1996, Public Law 104-104, United States Code, title 47, section 151 et seq.

5.6 	Sec. 2. [237A.02] JURISDICTION OF COMMISSION, DEPARTMENT, AND 
5.7 	ATTORNEY GENERAL.
5.8 		Subdivision 1.Commission jurisdiction under this chapter. (a) Notwithstanding 
5.9 	any other provision of this chapter, the commission may exercise all authority expressly 
5.10 	granted to it by Minnesota or federal law, and all authority expressly delegated to 
5.11 	the commission by the Federal Communications Commission, with respect to any 
5.12 	telecommunications provider concerning:
5.13 	(1) wholesale telecommunications services in Minnesota, by means of the 
5.14 	arbitration, approval, and enforcement of interconnection agreements in accordance with, 
5.15 	and subject to, sections 251 and 252 of the 1996 Act;
5.16 	(2) the terms, conditions, rates, and charges applicable to intrastate access service 
5.17 	within Minnesota;
5.18 	(3) basic telecommunications services during the retail rate transition period;
5.19 	(4) the telecommunications access Minnesota (TAM) program and Minnesota 
5.20 	telephone assistance program (TAP);
5.21 	(5) administration of dialing codes and numbering issues under Minnesota or federal 
5.22 	law; and
5.23 	(6) designation of eligible telecommunications carriers under United States Code, 
5.24 	title 47, section 214, and administration of state or federal universal service or high-cost 
5.25 	funds.
5.26 	(b) The commission does not have jurisdiction or authority over, including but 
5.27 	not limited to, rates and charges, terms and conditions of service, filing of schedules or 
5.28 	tariffs, market entry or exit, depreciation requirements, quality of service, long-term 
5.29 	financing arrangements or other obligations, asset sales, mergers or acquisitions, or any 
5.30 	other matter that was within the jurisdiction of the commission before the effective date of 
5.31 	this section with respect to:
5.32 	(1) basic telecommunications services after the retail rate transition period;
5.33 	(2) nonbasic telecommunications services;
5.34 	(3) interexchange services; or
5.35 	(4) advanced services.
6.1 		Subd. 2.Department of Commerce authority. Except for the authority expressly 
6.2 	delegated to it in this chapter, the Department of Commerce does not have oversight over, 
6.3 	or authority with respect to, any of the matters governed by this chapter.
6.4 		Subd. 3.Attorney general authority. The provision of telecommunications 
6.5 	services must be governed exclusively by the laws and obligations otherwise generally 
6.6 	applicable to businesses operating within Minnesota, and must be enforced by the attorney 
6.7 	general or otherwise authorized and applicable federal, state, or local authorities. The 
6.8 	attorney general has exclusive investigative and enforcement authority over all matters 
6.9 	governed by this chapter except for those matters over which the commission is expressly 
6.10 	granted authority by this chapter, as to which the commission has exclusive jurisdiction.

6.11 	Sec. 3. [237A.03] RETAIL RATE TRANSITION PERIOD FOR BASIC 
6.12 	SERVICES.
6.13 	The retail rate transition period begins on May ...., 2011, and ends on May ...., 2012. 
6.14 	During the retail rate transition period, a local exchange carrier may not increase its rates 
6.15 	or charges for basic telecommunications service in any local exchange area in which the 
6.16 	local exchange carrier offers basic telecommunications service, except as follows:
6.17 	(1) the local exchange carrier may increase its rates and charges for basic 
6.18 	telecommunications service once during the retail rate transition period, in an amount not 
6.19 	to exceed $1;
6.20 	(2) the local exchange carrier shall provide the commission and all affected end 
6.21 	users 30 days' advance notice of any rate increase under this section; and
6.22 	(3) an incumbent local exchange carrier, including any successor or assign, 
6.23 	shall continue to make available a flat monthly rate with unlimited local calling 
6.24 	for basic telecommunications service in all local exchange areas in which it offers 
6.25 	basic telecommunications service on the effective date of this section, regardless of 
6.26 	whether the incumbent local exchange carrier increases the rates and charges for basic 
6.27 	telecommunications service in any of those local exchange areas. Throughout the retail 
6.28 	rate transition period, an extended area of service in which the incumbent local exchange 
6.29 	carrier offers basic telecommunications service on the effective date of this chapter may 
6.30 	not be reduced in area or scope without the approval of the commission after notice and 
6.31 	hearing.

6.32 	Sec. 4. [237A.04] ALTERNATIVE REGULATION PLANS TERMINATED.
6.33 	On the effective date of this section, any alternative regulation plan entered into 
6.34 	pursuant to Minnesota Statutes 2010, chapter 237, automatically terminates in its entirety 
7.1 	with respect to all services subject to the plan and has no force or effect. Immediately 
7.2 	thereafter, all telecommunications providers, including those who previously had 
7.3 	alternative regulation plans, are subject to this chapter.

7.4 	Sec. 5. [237A.05] WHOLESALE TELECOMMUNICATIONS SERVICES.
7.5 		Subdivision 1.Authority generally. With respect to wholesale telecommunications 
7.6 	services under this chapter, the commission has the authority set forth in this section.
7.7 		Subd. 2.Interconnection. With respect to interconnection between incumbent local 
7.8 	exchange carriers and competitive local exchange carriers:
7.9 	(a) In imposing any requirements on incumbent local exchange carriers, concerning 
7.10 	interconnection with the facilities and equipment of other local exchange carriers, the 
7.11 	resale of telecommunications service, or unbundled access to network elements of an 
7.12 	incumbent local exchange carrier for purposes of section 251, subsection (c), of the 1996 
7.13 	Act, the commission shall act in accordance with, and shall not exceed the authority 
7.14 	delegated to the commission under, applicable federal laws and regulations including, 
7.15 	without limitation, sections 251 and 252 of the 1996 Act.
7.16 	(b) Subject to any regulations that may be adopted by the Federal Communications 
7.17 	Commission, this chapter does not limit or otherwise affect the commission's authority 
7.18 	(1) to mediate or arbitrate disputes involving local exchange carriers in accordance with 
7.19 	sections 251 and 252 of the 1996 Act, or (2) to approve an interconnection agreement or 
7.20 	an incumbent local exchange carrier's statement of terms and conditions under section 
7.21 	252 of the 1996 Act.
7.22 	(c) Any retail promotional offering lasting more than 90 days must be available to 
7.23 	qualifying local exchange carriers for resale. For purposes of this paragraph, a qualifying 
7.24 	local exchange carrier is a local exchange carrier that holds a certificate of authority from 
7.25 	the commission and has an effective interconnection agreement with the incumbent local 
7.26 	exchange carrier offering the retail promotion, the terms of which must include provisions 
7.27 	governing the resale of services.
7.28 		Subd. 3.Intrastate access service. (a) The terms, conditions, rates, and charges for 
7.29 	intrastate switched access service and intrastate special access service are subject to the 
7.30 	authority granted to the commission by federal law and this chapter.
7.31 	(b) With respect to switched network access services:
7.32 	(1) Each incumbent local exchange carrier and each competitive local exchange 
7.33 	carrier shall reduce and maintain its intrastate switched network access rate elements at a 
7.34 	level no higher than its interstate switched network access rate for each corresponding rate 
7.35 	element within 30 days of the effective date of this section. This clause does not apply to an 
8.1 	incumbent local exchange carrier if neither the incumbent local exchange carrier nor any 
8.2 	single affiliate of the incumbent local exchange carrier has more than 50,000 access lines.
8.3 	(2) Each independent local exchange carrier shall reduce and thereafter maintain its 
8.4 	intrastate switched network access rate elements at a level no higher than its interstate 
8.5 	switched network access rate for each corresponding rate element by December 31, 2016. 
8.6 	Each independent local exchange carrier shall develop an intrastate switched network 
8.7 	access plan and petition the commission for approval of its plan by July 1, 2012. Before 
8.8 	acting on a petition for approval of the plan, the commission shall conduct a proceeding 
8.9 	to decide whether to approve the plan and shall grant discovery as appropriate. The 
8.10 	commission shall issue its decision on the petition no later than July 1, 2013.
8.11 	(3) Each local exchange carrier shall use the same switched network access rate 
8.12 	elements and terms and conditions for intrastate switched network access service that are 
8.13 	in effect for that local exchange carrier for the same interstate service. A local exchange 
8.14 	carrier may voluntarily reduce its intrastate switched network access element rates below 
8.15 	the interstate rate in effect for that local exchange carrier.

8.16 	Sec. 6. [237A.06] SCHEDULES, TARIFFS, AND INDIVIDUAL CONTRACTS.
8.17 		Subdivision 1.Filing requirements. Except as set forth in this section, 
8.18 	telecommunications providers are not required to maintain or file any schedule, tariff, 
8.19 	contract, or agreement with the commission.
8.20 		Subd. 2.General provisions applicable to all tariffs. Any tariff filed with the 
8.21 	commission in accordance with this chapter must include all terms, conditions, rates, and 
8.22 	charges that apply to the services specified in the tariff.
8.23 		Subd. 3.Required tariff. (a) The telecommunications services described in 
8.24 	this subdivision require the filing of a tariff. Any tariff required to be filed under this 
8.25 	subdivision must be referred to as a required tariff.
8.26 	(b) Any local exchange carrier that offers intrastate access services shall maintain on 
8.27 	file with the commission a tariff containing the terms, conditions, rates, and charges that 
8.28 	the local exchange carrier has established for such intrastate access services.
8.29 	(c) During the retail rate transition period, every local exchange carrier that provides 
8.30 	basic telecommunications service shall maintain on file with the commission a tariff 
8.31 	containing the terms, conditions, rates, and charges for that service.
8.32 	(d) Subject to any applicable notice to end users required by this chapter, a required 
8.33 	tariff becomes effective 30 days after it is filed with the commission. Notwithstanding the 
8.34 	provisions of this subdivision, a new or revised intrastate access tariff does not become 
8.35 	effective without an order of the commission.
9.1 	(e) A person who objects to a required tariff shall file an objection within 20 days 
9.2 	of the filing of the required tariff. The person filing the required tariff may reply to the 
9.3 	objection within five days of the filing of the objection.
9.4 	(f) The commission shall review the required tariff, the objection, and the reply, 
9.5 	within 60 days of the filing of the required tariff and shall issue an order approving the 
9.6 	required tariff or order that a contested case hearing be conducted under chapter 14.
9.7 		Subd. 4.Optional tariff. (a) Unless otherwise prohibited by state or federal law, 
9.8 	a telecommunications provider may elect to file a tariff governing telecommunications 
9.9 	services provided in the state, whether or not a tariff is required by this chapter. Any tariff 
9.10 	filed under this subdivision must be referred to as an optional tariff.
9.11 	(b) Subject to any applicable notice to end users required by this chapter, an optional 
9.12 	tariff becomes effective one day after it is filed with the commission.
9.13 	(c) A telecommunications provider may withdraw an optional tariff for any service 
9.14 	by providing written notice to the commission. The withdrawal is effective upon the 
9.15 	filing of the notice.
9.16 		Subd. 5.Individual contracts permitted; no filing requirement. Notwithstanding 
9.17 	any other provision of this chapter, a telecommunications provider may enter into an 
9.18 	individual contract for providing retail or wholesale telecommunications services, except 
9.19 	for intrastate switched access services. The contract may include, without limitation, 
9.20 	services that are subject to a tariff filed under this section that includes terms, conditions, 
9.21 	rates, and charges that are different from those in the telecommunications provider's 
9.22 	tariff. Except as required by federal or state law, any individual contract is not subject 
9.23 	to any filing or notice requirement including, without limitation, a requirement that the 
9.24 	contract be filed with the commission.

9.25 	Sec. 7. [237A.07] CERTIFICATION, REGISTRATION, AND MAPPING.
9.26 		Subdivision 1.Application for certificate of authority; fee. (a) Before a 
9.27 	telecommunications provider may offer regulated services to end users in Minnesota, the 
9.28 	telecommunications provider must receive a certificate of authority from the commission. 
9.29 	The commission shall issue a certificate of authority within 30 days after receipt of a 
9.30 	completed application. A telecommunications provider seeking a certificate of authority 
9.31 	under this chapter shall submit an application on a form prescribed by the commission. The 
9.32 	form must require the telecommunications provider to provide the following information:
9.33 	(1) the legal name of the telecommunications provider and any name under which 
9.34 	the telecommunications provider does or will do business in Minnesota, as authorized 
9.35 	by the secretary of state;
10.1 	(2) a certification from the secretary of state authorizing the telecommunications 
10.2 	provider to do business in Minnesota;
10.3 	(3) the address and telephone number of the telecommunications provider, along 
10.4 	with contact information for the person responsible for ongoing communications with 
10.5 	the commission;
10.6 	(4) the legal name, address, and telephone number of the parent company of the 
10.7 	telecommunications provider, if any;
10.8 	(5) a description of each service area in Minnesota in which the telecommunications 
10.9 	provider proposes to offer telecommunications service;
10.10 	(6) a list of other states in which the telecommunications provider offers 
10.11 	telecommunications service, including the type of telecommunications service offered; and
10.12 	(7) information demonstrating the financial, managerial, and technical ability of the 
10.13 	telecommunications provider to provide telecommunications service in Minnesota.
10.14 	(b) At the time of filing an application under this section, the commission may 
10.15 	collect a filing fee from the applicant, not to exceed $300.
10.16 		Subd. 2.Amended application for certificate of authority; fee. (a) No 
10.17 	telecommunications provider authorized to provide regulated services shall provide 
10.18 	service in any area for which it has not been issued a certificate of authority without first 
10.19 	obtaining from the commission an amended certificate of authority. The commission shall 
10.20 	issue an amended certificate of authority within 30 days after receipt of an application. 
10.21 	The applicant for an amended certificate of authority shall file with the commission notice 
10.22 	of expansion, contraction, or acquisition, identifying the territory to be served.
10.23 	(b) At the time of filing an amended application under this section, the commission 
10.24 	may collect a filing fee from the applicant, not to exceed $150.
10.25 		Subd. 3.Advanced service provider registration. (a) Advanced service providers 
10.26 	shall register with the commission within 60 days after beginning operation by submitting 
10.27 	a registration form as prescribed by the commission. The form must require the advanced 
10.28 	service provider to provide the following information:
10.29 	(1) the legal name of the advanced service provider and any name under which the 
10.30 	telecommunications provider does or will do business in Minnesota, as authorized by the 
10.31 	secretary of state;
10.32 	(2) a certification from the secretary of state authorizing the advanced service 
10.33 	provider to do business in Minnesota;
10.34 	(3) the address and telephone number of the advanced service provider, along with 
10.35 	contact information for the person responsible for ongoing communications with the 
10.36 	commission; and
11.1 	(4) a description of the services being provided by the advanced service provider 
11.2 	in Minnesota.
11.3 	(b) The registration requirement in paragraph (a) does not apply to any advanced 
11.4 	service provider that:
11.5 	(1) is also a telecommunications provider; and
11.6 	(2) has received a certificate of authority from the commission under this chapter.
11.7 		Subd. 4.Map. Every incumbent local exchange carrier authorized to provide 
11.8 	telephone exchange service under this chapter shall file and maintain a territorial map.
11.9 	END USER CONSUMER PROTECTION

11.10 	Sec. 8. [237A.08] END USER CONSUMER BILL OF RIGHTS.
11.11 	(a) All telecommunications providers are required to:
11.12 	(1) allow an end user to choose, either orally, electronically, or in writing, its local 
11.13 	exchange and long-distance provider at initiation of service and anytime thereafter;
11.14 	(2) advise each residential end user of the price of the service options available to 
11.15 	that end user when service is initiated and annually thereafter;
11.16 	(3) allow an end user to require the telecommunications provider serving the end user 
11.17 	to receive authorization from the end user before processing a request to change the end 
11.18 	user's current telecommunications provider to a different telecommunications provider;
11.19 	(4) notify the end user within 30 days of any change on the end user's 
11.20 	account including, but not limited to, a change in telecommunications providers or 
11.21 	telecommunications services, except that this provision does not apply to the disconnection 
11.22 	of telecommunications service;
11.23 	(5) provide at least five days' notice before disconnecting an end user's 
11.24 	telecommunications service for failure to comply with the terms and conditions of service 
11.25 	of a telecommunications provider;
11.26 	(6) advise each end user of the availability of all blocking options, including, but not 
11.27 	limited to, call blocking and toll restriction options when service is initiated, annually, and 
11.28 	upon complaint by the end user to the telecommunications provider;
11.29 	(7) block the use of certain telecommunications services at the request of the end 
11.30 	user until the end user requests that blocking of the services be discontinued, except 
11.31 	that this provision is only applicable to the extent blocking for the telecommunications 
11.32 	service is available;
11.33 	(8) provide directory assistance to its end users, either directly or by contracting with 
11.34 	a third party, and provide for a credit to an end user who informs the directory assistance 
12.1 	provider that the provider has given the end user incorrect information for which the 
12.2 	telecommunications provider charged the end user a fee;
12.3 	(9) provide a periodic billing statement consistent with the federal truth-in-billing 
12.4 	standards to each end user in paper format, unless the end user has elected to receive the 
12.5 	billing statement in electronic format, except that a telecommunications provider whose 
12.6 	billing system is not capable of providing an electronic billing statement is not required 
12.7 	to provide billing in an electronic format;
12.8 	(10) provide 30 days' advance notice to its end users of a rate increase for any 
12.9 	telecommunications service;
12.10 	(11) not charge an end user for a telecommunications service for which the end user 
12.11 	did not explicitly contract or authorize the utilization of the service;
12.12 	(12) not change an end user's telecommunications service without explicit 
12.13 	authorization from the end user; and
12.14 	(13) not include on an end user's bill a charge for goods or services on behalf of a 
12.15 	third-party service provider unless the third-party service provider has obtained the end 
12.16 	user's authorization to include the charges on the end user's bill.
12.17 	(b) This section does not apply to advanced service providers.

12.18 	Sec. 9. [237A.09] UNAUTHORIZED CHANGE OF TELECOMMUNICATIONS 
12.19 	PROVIDER.
12.20 		Subdivision 1.End user must authorize change in telecommunications provider.
 12.21 	The telecommunications provider of any end user must not be changed, in whole or in 
12.22 	part, to another telecommunications provider without authorization from the end user. The 
12.23 	end user's authorization must be evidenced either by written or electronic authorization 
12.24 	signed by the subscriber or by the use of an independent third-party verification company.
12.25 		Subd. 2.Telecommunications provider freeze. A telecommunications provider 
12.26 	freeze prevents a change in the end user's telecommunications provider unless the end 
12.27 	user gives the telecommunications provider that is providing the freeze express consent 
12.28 	for the change. All telecommunications providers capable of providing freezes shall 
12.29 	notify an end user of the end user's right to place a freeze on the end user's account. End 
12.30 	user notification required by this section must utilize uniform, competitively neutral 
12.31 	language and the form, content, and style of the authorization must be consistent with 
12.32 	state and federal law and regulation. An end user may change the end user's freeze at 
12.33 	any time by notifying the telecommunications provider of that decision. A separate 
12.34 	freeze authorization must be obtained by the telecommunications provider for local 
13.1 	exchange service, intraLATA/intrastate toll service, interLATA/interstate toll service, and 
13.2 	international toll service.
13.3 		Subd. 3.Before change. Before requesting a change in an end user's 
13.4 	telecommunications provider, the telecommunications provider must confirm:
13.5 	(1) the end user's identity with information unique to the end user, unless the end 
13.6 	user refused to provide identifying information, but if the end user refused to provide 
13.7 	identifying information, that fact should be noted;
13.8 	(2) that the end user has been informed of the offering made by the 
13.9 	telecommunications provider;
13.10 	(3) that the end user understands that the end user is being requested to change 
13.11 	telecommunications providers;
13.12 	(4) that the end user has the authority to authorize the change; and
13.13 	(5) that the end user agrees to the change.
13.14 		Subd. 4.Verification procedures. (a) End user authorization for a change in the 
13.15 	end user's telecommunications provider may be verified using a third-party verification 
13.16 	procedure that complies with federal law or regulation. The requirement that the 
13.17 	telecommunications provider be able to produce evidence of end user authorization is 
13.18 	satisfied if the telecommunications provider uses a federally authorized verification 
13.19 	procedure. All verifications must be performed by an independent third-party verification 
13.20 	company. Notwithstanding this section, if federal law or regulation authorizes a 
13.21 	telecommunications provider to use a negative checkoff verification procedure, and the 
13.22 	provider does so, the provider must be able to produce a recording of the initial oral 
13.23 	authorization by the end user to change telecommunications providers as evidence of the 
13.24 	authorization. The initial oral authorization must include confirmation of the requirements 
13.25 	of subdivision 3.
13.26 	(b) The independent third-party verification company must:
13.27 	(1) be independent of the telecommunications provider that seeks to provide the 
13.28 	end user's new service;
13.29 	(2) not be managed, controlled, directed, or owned in whole or in part by the 
13.30 	telecommunications provider that seeks to provide the end user's new service;
13.31 	(3) operate from facilities physically separate from those of the telecommunications 
13.32 	provider that seeks to provide the end user's new service; and
13.33 	(4) not derive commissions or compensation based upon the number of sales 
13.34 	confirmed.
13.35 	(c) For purposes of this subdivision, "negative checkoff" means a verification 
13.36 	procedure that consists of:
14.1 	(1) an initial oral authorization by the end user to change telecommunications 
14.2 	providers; and
14.3 	(2) a mailing to the end user by the soliciting telecommunications provider regarding 
14.4 	the change in telecommunications providers which informs the end user that if the end 
14.5 	user fails to cancel the change in telecommunications providers, the change will be 
14.6 	deemed authorized and verified.
14.7 		Subd. 5.Penalty for unauthorized changes. If the telecommunications provider 
14.8 	is not able to present, upon complaint by the end user, evidence that complies with this 
14.9 	section, the change to the service of the telecommunications provider is deemed to be 
14.10 	unauthorized from the date the telecommunications provider requested the change. In that 
14.11 	event, the telecommunications provider shall bear all costs of:
14.12 	(1) immediately returning the end user to the original service provider of the end 
14.13 	user; and
14.14 	(2) serving that end user during the period of unauthorized service.
14.15 		Subd. 6.No application to advanced service providers. This section does not 
14.16 	apply to advanced service providers.

14.17 	Sec. 10. [237A.10] UNAUTHORIZED CHARGE FOR GOODS AND SERVICES.
14.18 		Subdivision 1.Authorization required for charges for goods or services. A 
14.19 	telecommunications provider shall not add charges for goods or services to an end user's 
14.20 	bill without the end user's authorization.
14.21 		Subd. 2.Billing for third-party goods and services. (a) A telecommunications 
14.22 	provider or a third-party provider shall not include on an end user's bill a charge for 
14.23 	goods or services sold by the third party unless the third-party service provider or the 
14.24 	telecommunications provider has:
14.25 	(1) received authorization from the end user, as described in paragraphs (b) through 
14.26 	(d), to include charges for third-party goods and services on the end user's bill;
14.27 	(2) advised the end user of the expected charges for the third-party goods and 
14.28 	services; and
14.29 	(3) provided the end user with a ready means to cancel the third-party goods and 
14.30 	services.
14.31 	(b) Written authorization may be in the form of a letter of agency, which must be 
14.32 	a separate or easily separable document. The sole purpose of the letter of agency must 
14.33 	be to authorize a charge for goods or services to appear on the end user's bill. The letter 
14.34 	of agency must be of sufficient size to be clearly legible and must contain clear and 
14.35 	unambiguous language that contains separate statements for each good or service for 
15.1 	which the end user is agreeing to be billed. The letter of agency must be signed and 
15.2 	dated by the end user.
15.3 	(c) Oral authorizations must be verified by an independent third-party verifier. The 
15.4 	verification is valid only if:
15.5 	(1) the independent third-party verifier confirms the end user's identity with 
15.6 	information unique to the end user, except that if the end user refuses to provide the 
15.7 	information, that fact must be noted; and
15.8 	(2) the independent third-party verifier informs the end user that the end user is 
15.9 	agreeing to be billed for goods or services that will appear as a charge on the end user's bill.
15.10 	(d) Electronic authorizations must be validated within 48 hours of receiving the 
15.11 	end user's authorization by sending the end user a notice of verification confirming the 
15.12 	authorization. The third-party service provider shall maintain a copy of the notice of 
15.13 	verification for the duration of the goods and services appearing as a charge on the end 
15.14 	user's bill.
15.15 		Subd. 3.Billing for telecommunications services. A telecommunications provider 
15.16 	shall not include on an end user's bill a charge for telecommunications services unless the 
15.17 	telecommunications provider has:
15.18 	(1) received authorization, either orally, electronically, or in writing from the end 
15.19 	user to include charges for telecommunications services on the end user's bill; and
15.20 	(2) advised the end user of the expected charges for the telecommunications services.
15.21 		Subd. 4.Penalty for unauthorized charges. If the telecommunications provider 
15.22 	or third-party provider is not able to present, upon complaint by the end user, evidence 
15.23 	that complies with this section, the charge for the service of the telecommunications 
15.24 	provider or third-party provider is deemed to be unauthorized. In that event, the 
15.25 	telecommunications provider or third-party provider shall:
15.26 	(1) remove the unauthorized charge from the end user's bill; and
15.27 	(2) credit the end user any amounts paid for the unauthorized charges that were 
15.28 	billed by the telecommunications provider or third-party provider during the six months 
15.29 	before the end user's complaint, unless the telecommunications provider or third-party 
15.30 	service provider can produce within 14 calendar days of the complaint evidence to the 
15.31 	end user of authorization by the end user.
15.32 		Subd. 5.No application to advanced service providers. This section does not 
15.33 	apply to advanced service providers.
15.34 	UNIVERSAL SERVICE FUND

15.35 	Sec. 11. [237A.11] UNIVERSAL SERVICE FUND.
16.1 	Notwithstanding section 237A.02, subdivision 1, paragraph (b), the commission 
16.2 	may by rule establish and require contributions to a universal service fund, to be 
16.3 	supported on an equitable, competitively neutral, and nondiscriminatory basis. Services 
16.4 	that should be considered for inclusion as universal include, at a minimum, single-party 
16.5 	voice service including access, usage, and touch tone capability; line quality capable of 
16.6 	carrying facsimile and data transmissions; equal access; emergency services number 
16.7 	capability; statewide telecommunications relay service for the hearing impaired; and 
16.8 	blocking of long-distance toll services. The fund shall be administered and distributed in 
16.9 	accordance with rules adopted by the commission and designed to preserve the availability 
16.10 	of universal service throughout the state. If the commission establishes a fund under 
16.11 	this section, the commission shall establish a reasonable statewide benchmark rate that 
16.12 	local exchange carriers shall either impute or charge their end user prior to obtaining 
16.13 	reimbursement from the fund. Any state universal service fund must be coordinated with 
16.14 	any federal universal service fund and be consistent with the requirements of Section 
16.15 	254(b)(1) to (5) of the 1996 Act.
16.16 	MUNICIPAL TELEPHONE SERVICES

16.17 	Sec. 12. [237A.12] MUNICIPAL TELECOMMUNICATIONS SERVICES.
16.18 	Any municipality shall have the right to own and operate a telephone exchange 
16.19 	within its own borders, subject to the provisions of this chapter. It may construct a plant, 
16.20 	or purchase an existing plant by agreement with the owner, or where it cannot agree 
16.21 	with the owner on price, it may acquire an existing plant by condemnation. In no case 
16.22 	shall a municipality construct or purchase a plant or proceed to acquire an existing plant 
16.23 	by condemnation until that action is authorized by a majority of the electors voting 
16.24 	upon the proposition at a general election or a special election called for that purpose. 
16.25 	If the proposal is to construct a new exchange where an exchange already exists, the 
16.26 	municipality is not authorized to do so unless 65 percent of those voting vote in favor of 
16.27 	the undertaking. A municipality that owns and operates a telephone exchange may enter 
16.28 	into a joint venture as a partner or shareholder with a telecommunications organization to 
16.29 	provide telecommunications services within its service area.

16.30 	Sec. 13. [237A.13] CONDEMNATION: NOTICE, COMPENSATION, APPEAL.
16.31 	When a municipality decides to acquire an existing plant by condemnation as 
16.32 	provided in section 237A.11, it shall give notice to the commission. The commission 
16.33 	shall determine the just compensation that the owner of the plant is entitled to receive 
16.34 	from the municipality. Before deciding upon the compensation, the commission shall, at 
17.1 	a public meeting that may be convened from time to time, hear all interested parties on 
17.2 	the question involved. The commission shall by order fix the compensation and furnish a 
17.3 	copy of its order to the municipality and to the telephone company concerned. A party 
17.4 	may appeal to the district court of the county in which the plant is situated the part of the 
17.5 	order fixing the compensation to be paid within 30 days. The appeal shall be tried the 
17.6 	same as other appeals under this chapter. If not appealed, the order of the commission 
17.7 	becomes final after 30 days.
17.8 	ASSESSMENTS

17.9 	Sec. 14. [237A.14] ASSESSMENT OF REGULATORY EXPENSES.
17.10 		Subdivision 1.Assessment of costs. The commission shall quarterly, at least 30 
17.11 	days before the start of each quarter, estimate the total of the commission's expenditures 
17.12 	in the performance of the commission's duties relating to telecommunications providers, 
17.13 	other than amounts chargeable to telecommunications providers under subdivision 4. 
17.14 	This amount must be assessed by the commission to the telecommunications providers 
17.15 	operating in this state in proportion to their respective gross jurisdictional operating 
17.16 	revenues during the last calendar year. The assessment must be paid into the state treasury 
17.17 	within 30 days after the bill has been transmitted via mail, personal delivery, or electronic 
17.18 	service to the telecommunications providers. The bill constitutes notice of the assessment 
17.19 	and demand of payment. The total amount that may be assessed to the telecommunications 
17.20 	providers under this subdivision may not exceed 3/32 of one percent of the total gross 
17.21 	jurisdictional operating revenues during the calendar year. The assessment for the third 
17.22 	quarter of each fiscal year shall be adjusted to compensate for the amount by which actual 
17.23 	expenditures by the commission for the preceding fiscal year were less than the estimated 
17.24 	expenditures previously assessed. A telecommunications provider with gross jurisdictional 
17.25 	operating revenues of less than $5,000 is exempt from assessments under this subdivision.
17.26 		Subd. 2.Objection. Within 30 days after the date of the transmittal of any bill as 
17.27 	provided by subdivision 1 or 4, the parties to the proceeding, against which the bill has 
17.28 	been assessed, may file with the commission objections setting out the grounds upon 
17.29 	which it is claimed the bill is excessive, erroneous, unlawful, or invalid. The commission 
17.30 	shall within 60 days issue an order in accordance with its findings. The order is appealable 
17.31 	in the same manner as other final orders of the commission.
17.32 		Subd. 3.Interest imposed. The amounts assessed against any telecommunications 
17.33 	provider or other party that is not paid after 30 days after the transmittal of a notice 
17.34 	advising the telecommunications provider or other party of the amount assessed against 
17.35 	it shall draw interest at the rate of six percent per annum. Upon failure to pay the 
18.1 	assessment, the attorney general shall proceed by action in the name of the state against 
18.2 	the telecommunications provider or other party to collect the amount due, accrued interest, 
18.3 	and reasonable attorney fees and costs.
18.4 		Subd. 4.Administrative hearing costs; appropriation. Any amounts billed to 
18.5 	the commission by the Office of Administrative Hearings for contested case hearings 
18.6 	held pursuant to section 237A.15, subdivision 5, shall be assessed by the commissioner 
18.7 	against the parties to the proceeding. The assessment shall be paid into the state treasury 
18.8 	within 30 days after a bill, which constitutes notice of the assessment and demand for 
18.9 	payment of it, has been transmitted to the parties. Money received shall be credited to 
18.10 	a special account and is appropriated to the commission for payment to the Office of 
18.11 	Administrative Hearings.

18.12 	Sec. 15. [237A.15] PROPRIETARY INFORMATION.
18.13 		Subdivision 1.Proprietary information to be protected. The commission shall 
18.14 	maintain the confidentiality of all proprietary information including trade secrets, business 
18.15 	plans, and other confidential information that becomes known to the commission or 
18.16 	comes into the commission's possession or control, and the commission shall not disclose 
18.17 	proprietary information without adequate protection of the information and reasonable 
18.18 	notice to the affected person.
18.19 		Subd. 2.Protective orders. The commission shall have the authority to enter any 
18.20 	protective order necessary and appropriate to maintain the confidentiality of proprietary 
18.21 	information. The order may be entered only after giving the affected parties 30 days' 
18.22 	advance notice and the opportunity to be heard in connection with the proposed protective 
18.23 	order.
18.24 		Subd. 3.Public meetings of commission. In any meeting of the commission during 
18.25 	which information that is subject to a protective order is discussed, the commission shall 
18.26 	close to all persons who are not authorized to obtain the information under the protective 
18.27 	order that portion of the meeting during which the information will be discussed. The 
18.28 	commission shall also take other appropriate measures to ensure that the data is not 
18.29 	disclosed to persons who are not authorized to obtain the information under the protective 
18.30 	order, to include sealing all or part of the hearing record.

18.31 	Sec. 16. [237A.16] COMMISSION ADMINISTRATIVE PROCEEDINGS, 
18.32 	APPEALS, REMEDIES.
19.1 		Subdivision 1.Rules and regulations. The commission shall adopt rules and 
19.2 	regulations consistent with this chapter to govern all matters over which the commission 
19.3 	has jurisdiction within 180 days of the effective date of this chapter.
19.4 		Subd. 2.Complaint investigation and procedure. Upon a complaint made against 
19.5 	a telecommunications provider by any other provider of telecommunications service that 
19.6 	any of the rates, charges, schedules, tariffs, terms, and conditions, or any regulation, 
19.7 	practice, act, or omission affecting or relating to the production, transmission, delivery, or 
19.8 	furnishing of telecommunications service, the commission shall, within 30 days of the 
19.9 	filing of the complaint, review the complaint to determine whether it has jurisdiction over 
19.10 	the matter and whether there are reasonable grounds to investigate the allegations. Upon 
19.11 	concluding that it lacks jurisdiction or that there is no reasonable basis for the investigation, 
19.12 	the commission shall promptly dismiss the complaint. If the commission finds that it has 
19.13 	jurisdiction and that there is a reasonable basis for the investigation, the commission shall 
19.14 	determine whether a contested case hearing shall be conducted under chapter 14.
19.15 		Subd. 3.Service; notice. A copy of an order issued under this chapter must be 
19.16 	served upon the person against whom it runs or the person's attorney. Notice of the order 
19.17 	must be given to the other parties to the proceedings or their attorneys.
19.18 		Subd. 4.Transcribed copy of record; expense. (a) The commission shall keep 
19.19 	a full and complete record of all proceedings before it on any investigation or hearing, 
19.20 	and the commission shall furnish a transcribed copy of the record to any party to the 
19.21 	investigation upon request and payment of the expense of furnishing the transcribed copy.
19.22 	(b) When an appeal is taken from any order of the commission under the provisions 
19.23 	of this chapter, the commission shall prepare a certified transcript of all proceedings, 
19.24 	pleadings and files, and testimony taken or offered before it upon which the order was 
19.25 	based, showing particularly what, if any, evidence offered was excluded. The commission 
19.26 	shall file the transcript with the court administrator of the district court where the appeal is 
19.27 	pending.
19.28 		Subd. 5.Appeal from decision of commission. Any party to a proceeding before 
19.29 	the commission or the attorney general may make and perfect an appeal from the order 
19.30 	in accordance with chapter 14. If the court finds from an examination of the record that 
19.31 	the commission erroneously rejected evidence which should have been admitted, it shall 
19.32 	remand the proceedings to the commission with instructions to receive the evidence 
19.33 	rejected and any rebutting evidence and make new findings and return them to the court 
19.34 	for further review. In that case the commission, after notice to the parties in interest, shall 
19.35 	proceed to rehear the matter in controversy, and receive the wrongfully rejected evidence 
19.36 	and any rebutting evidence offered and make new findings, as upon the original hearing, 
20.1 	and transmit it and the new record, properly certified, to the Court of Appeals, where the 
20.2 	matter shall again be considered in the court in the same manner as in an original appeal.
20.3 		Subd. 6.Order final and conclusive. If no appeal is taken from any order of the 
20.4 	commission, as provided in subdivision 5, then in all future litigation arising between 
20.5 	the state and any telecommunications provider or between private parties and any 
20.6 	telecommunications provider, the order shall be deemed final and conclusive.
20.7 		Subd. 7.Attorney general to compel obedience. When any telecommunications 
20.8 	provider fails to comply with any law of the state or any order of the commission after it 
20.9 	has become final, or any order or judgment of the district court, the Court of Appeals, or 
20.10 	the Supreme Court in any cases taken to any of the courts on appeal, after the judgment or 
20.11 	order has become final, the attorney general shall apply to the district court in the name of 
20.12 	the state in any county in which the plant of the telecommunications provider, or any part 
20.13 	of it, is situated, for a mandatory injunction or other appropriate writ to compel obedience 
20.14 	to the law, order, or judgment. The district court shall punish any disobedience of its 
20.15 	orders in the enforcement proceedings as for contempt of court.

20.16 	Sec. 17. [237A.17] VIOLATIONS; PENALTIES; ENFORCEMENT.
20.17 		Subdivision 1.Actions. This chapter and rules and orders of the commission 
20.18 	adopted under this chapter may be enforced by any one or combination of criminal 
20.19 	prosecution, action to recover civil penalties, injunction, action to compel performance, 
20.20 	and other appropriate action.
20.21 		Subd. 2.Civil penalty. A person who knowingly and intentionally violates a 
20.22 	provision of this chapter or rule or order of the commission adopted under this chapter 
20.23 	shall forfeit and pay to the state a penalty, in an amount to be determined by the court, of 
20.24 	at least $100 and not more than $5,000 for each day of each violation.
20.25 		Subd. 3.Civil penalty proceeds deposited in treasury. The civil penalties 
20.26 	provided for in this section may be recovered by a civil action brought by the attorney 
20.27 	general in the name of the state. Amounts recovered under this section must be paid 
20.28 	into the state treasury.

20.29 	Sec. 18. [237A.18] OBTAINING SERVICE BY FRAUD; INJUNCTION.
20.30 		Subdivision 1.Equitable relief. Whenever it appears that a person is engaged in 
20.31 	an act that constitutes or will constitute a violation of section 609.893, a representative 
20.32 	of a telecommunications provider or a person harmed by an alleged violation of section 
20.33 	609.893 may begin a civil proceeding in a district court to enjoin the violation and may 
20.34 	petition the court to issue an order for the discontinuance of telecommunications service.
21.1 		Subd. 2.Venue. An action under this section must be brought in the county in 
21.2 	which subject matter of the action, or some part of it, is located or found, and must be 
21.3 	commenced by the filing of a complaint that must be verified by affidavit.
21.4 		Subd. 3.Temporary restraining order. If it is shown to the satisfaction of the 
21.5 	court, either by verified complaint or affidavit, that a person is engaged in an act that 
21.6 	constitutes a violation of section 609.893, the court shall issue a temporary restraining 
21.7 	order to abate and prevent the continuance or recurrence of the act. Notice of the 
21.8 	complaint shall be given and a hearing on the issuance of a temporary restraining order 
21.9 	shall be held under the Rules of Civil Procedure. The court shall direct the county sheriff 
21.10 	to seize and keep until further order of the court any device that is being used in violation 
21.11 	of section 609.893. The temporary restraining order expires after ten days.
21.12 		Subd. 4.Permanent injunction. The court may issue a permanent injunction 
21.13 	to restrain, abate, or prevent the continuance or recurrence of the violation of section 
21.14 	609.893. The court may grant declaratory relief, mandatory orders, or any other relief 
21.15 	it judges necessary to accomplish the purposes of the injunction. The court may keep 
21.16 	jurisdiction of the case for the purpose of enforcing its orders.
21.17 		Subd. 5.Discontinuance of telecommunications service. If it is shown to the 
21.18 	satisfaction of the court, by affidavit, that a person is engaged in an act that constitutes a 
21.19 	violation of section 609.893, the court may issue an order that shall be promptly served 
21.20 	upon the person in whose name the telecommunications device is listed, requiring the 
21.21 	party, within a reasonable time to be fixed by the court but not exceeding 48 hours from 
21.22 	the time of service of the petition on the party, to show cause before the judge why 
21.23 	telecommunications service should not promptly be discontinued. At the hearing, the 
21.24 	burden of proof is on the complainant.
21.25 		Subd. 6.Disconnect order. Upon a finding by the court that the telecommunications 
21.26 	device is being used or has been used in violation of section 609.893, the court shall 
21.27 	issue an order requiring the telecommunications provider that is rendering service over 
21.28 	the device to disconnect the service. The order shall be served upon an officer of the 
21.29 	telecommunications provider by the sheriff of the county in which the telecommunications 
21.30 	device is installed or by a duly authorized deputy. Upon receipt of the order, the 
21.31 	telecommunications provider shall proceed promptly to disconnect and remove the service 
21.32 	and discontinue all telecommunications service until further order of the court.
21.33 		Subd. 7.Immunity. No telecommunications provider is liable for any damages, 
21.34 	penalty, or forfeiture, whether civil or criminal, for an act performed in compliance with 
21.35 	an order issued by the court.

22.1 	Sec. 19. [237A.19] NO PRIVATE CAUSE OF ACTION.
22.2 	Nothing in this chapter shall be construed to create any private cause of action 
22.3 	or right to relief for any person or entity.

22.4 	Sec. 20. EFFECTIVE DATE.
 22.5 	Sections 1 to 19 are effective ................

22.6 	ARTICLE 2
22.7 	CONFORMING CHANGES

22.8 	Section 1. Minnesota Statutes 2010, section 237.081, is amended to read:
22.9 	237.081 INVESTIGATION.
22.10 		Subdivision 1.Commission investigation. Whenever the commission believes 
22.11 	that a service is inadequate or cannot be obtained or that an investigation of any matter 
22.12 	relating to any telephone service should for any reason be made, it may on its own motion 
22.13 	investigate the service or matter with or without notice, except that the commission shall 
22.14 	give notice to a telephone company before it investigates the level of rates charged by 
22.15 	the company.
22.16 		Subd. 1a.Complaint investigation. Upon a complaint made against a telephone 
22.17 	company by any other provider of telephone service, by the governing body of a political 
22.18 	subdivision, or by no fewer than five percent or 100, whichever is the lesser number, of 
22.19 	the subscribers or spouses of subscribers of the particular telephone company, that any of 
22.20 	the rates, tolls, tariffs, charges, or schedules, or any regulation, measurement, practice, act, 
22.21 	or omission affecting or relating to the production, transmission, delivery, or furnishing of 
22.22 	telephone service or any service in connection with telephone service is in any respect 
22.23 	unreasonable, insufficient, or unjustly discriminatory, or that any service is inadequate or 
22.24 	cannot be obtained, as provided for in section 237.56, that a violation of sections 237.50 
22.25 	to 237.55 has occurred, the commission, after notice to the telephone company affected 
22.26 	persons, shall investigate the matters raised by the complaint.
22.27 		Subd. 2.Procedure after investigation. (a) If, after making an investigation under 
22.28 	subdivision 1 or 1a, the commission finds that a significant factual issue raised has not 
22.29 	been resolved to its satisfaction, the commission shall follow the appropriate procedure 
22.30 	prescribed by this subdivision.
22.31 	(b) For an investigation concerning the reasonableness of the rates for noncompetitive 
22.32 	services of a telephone company whose general revenue requirement is determined under 
22.33 	section 237.075, the commission shall order the company to initiate a rate proceeding in 
23.1 	accordance with section 237.075. The commission shall allow the company at least 120 
23.2 	days after the date of the commission's order to initiate the proceeding. 
23.3 	(c) For other investigations, the commission shall order that a contested case hearing 
23.4 	be conducted under chapter 14 unless the complainant, the telephone company, and the 
23.5 	commission agree that an expedited hearing under section 237.61 is appropriate. 
23.6 		Subd. 4.Establishment of rate and price Order required. Whenever the 
23.7 	commission finds, after a proceeding under subdivision 2, that (1) a service that can be 
23.8 	reasonably demanded cannot be obtained, (2) that any rate, toll, tariff, charge, or schedule, 
23.9 	or any regulation, measurement, practice, act, or omission affecting or relating to the 
23.10 	production, transmission, delivery, or furnishing of telephone service or any service in 
23.11 	connection with telephone service, is in any respect unreasonable, insufficient, or unjustly 
23.12 	discriminatory, or (3) that any service is inadequate a violation of sections 237.50 to 
23.13 	237.55 has occurred, the commission shall make issue an order respecting the tariff, 
23.14 	regulation, act, omission, practice, or service that is just and reasonable and, if applicable, 
23.15 	shall establish just and reasonable rates and prices with respect to the violation and order 
23.16 	appropriate action to remedy the violation.
23.17 		Subd. 5.Service; notice. A copy of an order issued under this section must be 
23.18 	served upon the person against whom it runs or the person's attorney, and notice of the 
23.19 	order must be given to the other parties to the proceedings or their attorneys.

23.20 	Sec. 2. Minnesota Statutes 2010, section 237.50, is amended by adding a subdivision 
23.21 	to read:
23.22 		Subd. 10a.Radio common carrier. "Radio common carrier" means a person, firm, 
23.23 	association, or corporation that owns, operates, or otherwise furnishes to the public any 
23.24 	paging or other mobile telecommunications service by means of the use of radio signals 
23.25 	and connection to a telephone network.

23.26 	Sec. 3. Minnesota Statutes 2010, section 237.50, is amended by adding a subdivision 
23.27 	to read:
23.28 		Subd. 10b.Telecommunications carrier. (a) "Telecommunications carrier" means 
23.29 	a person, firm, association, or corporation authorized to furnish one or more of the 
23.30 	following telephone services to the public, but not otherwise authorized to furnish local 
23.31 	exchange service:
23.32 	(1) interexchange telephone service;
23.33 	(2) local telephone service pursuant to a certificate granted under section 237.16, 
23.34 	subdivision 4, before August 1, 1995; or 
24.1 	(3) local service pursuant to a certificate granted under section 237.16, for the first 
24.2 	time after August 1, 1995, except if granted to a successor to a telephone company 
24.3 	otherwise authorized to furnish local exchange service.
24.4 	(b) Telecommunications carrier does not include entities that derive more than 50 
24.5 	percent of their revenues from operator services provided to transient locations such 
24.6 	as hotels, motels, and hospitals.
24.7 	(c) Telecommunications carrier does not include entities that provide centralized 
24.8 	equal access service.

24.9 	Sec. 4. Minnesota Statutes 2010, section 237.50, is amended by adding a subdivision 
24.10 	to read:
24.11 		Subd. 12.Telephone company. (a) "Telephone company" means and applies to any 
24.12 	person, firm, association, or any corporation, private or municipal, owning or operating 
24.13 	any telephone line or telephone exchange for hire, in whole or in part, within the state, or 
24.14 	furnishing any telephone service to the public.
24.15 	(b) A telephone company does not include a radio common carrier. A telephone 
24.16 	company which also conforms with the definition of a radio common carrier is subject to 
24.17 	regulation as a telephone company. However, none of this chapter applies to telephone 
24.18 	company activities which conform to the definition of a radio common carrier.
24.19 	(c) A telephone company does not include a telecommunications carrier, except that 
24.20 	a telecommunications carrier is a telephone company for the purposes of section 222.36.

24.21 	Sec. 5. Minnesota Statutes 2010, section 237.51, subdivision 1, is amended to read:
24.22 		Subdivision 1.Creation. The commissioner of commerce shall:
24.23 	(1) administer through interagency agreement with the commissioner 
24.24 	of human services a program to distribute communication devices to eligible 
24.25 	communication-impaired persons; and
24.26 	(2) contract with a qualified vendor that serves communication-impaired persons 
24.27 	to create and maintain a telecommunication relay service.
24.28 	For purposes of sections 237.51 to 237.56, the Department of Commerce and any 
24.29 	organization with which it contracts pursuant to this section or section 237.54, subdivision 
24.30 	2, are not telephone companies or telecommunications carriers as defined in section 
24.31 	237.01. 

24.32 	Sec. 6. Minnesota Statutes 2010, section 237.681, subdivision 1, is amended to read:
24.33 		Subdivision 1.Definitions. For the purposes of this section:
25.1 	(1) "private shared services" means the provision of telephone services and 
25.2 	equipment, the provision of video programming services, or the provision of broadband 
25.3 	services within a user group located in discrete private premises, in building complexes, 
25.4 	campuses, or high-rise buildings, by a commercial shared services provider or by a 
25.5 	user association, through privately owned customer premises equipment and associated 
25.6 	data processing and information management services and includes the provision of 
25.7 	connections to the facilities of a local exchange and to long-distance telephone companies;
25.8 	and
25.9 	(2) "property owner" means a person who owns or, under a contract with the owner, 
25.10 	manages a building, property, complex, or other facility where private shared services 
25.11 	are provided., and
25.12 	(3) "telephone company" means and applies to any person, firm, association or any 
25.13 	corporation, private or municipal, owning or operating any telephone line or telephone 
25.14 	exchange for hire, wholly or partly within this state, or furnishing any telephone service to 
25.15 	the public. A telephone company does not include a radio common carrier.

25.16 	Sec. 7. Minnesota Statutes 2010, section 237.69, is amended by adding a subdivision 
25.17 	to read:
25.18 		Subd. 15a.Independent telephone company. "Independent telephone company" 
25.19 	means a telephone company organized and operating under chapter 301 or 302A or 
25.20 	authorized to do business in Minnesota under chapter 303 as of January 1, 1983, and 
25.21 	providing local exchange service to fewer than 30,000 subscribers within the state.

25.22 	Sec. 8. Minnesota Statutes 2010, section 237.69, is amended by adding a subdivision 
25.23 	to read:
25.24 		Subd. 15b.Radio common carrier. "Radio common carrier" means a person, firm, 
25.25 	association, or corporation which owns, operates, or otherwise furnishes to the public any 
25.26 	paging or other mobile telecommunications service by means of the use of radio signals 
25.27 	and connection to a telephone network.

25.28 	Sec. 9. Minnesota Statutes 2010, section 237.69, subdivision 17, is amended to read:
25.29 		Subd. 17.Telephone company. "Telephone company" has the meanings given it in 
25.30 	section 237.01, subdivisions 3 and 7, that provides local exchange telephone service means 
25.31 	and applies to any person, firm, association, or any corporation, private or municipal, 
25.32 	owning or operating any telephone line or telephone exchange for hire, in whole or in part 
25.33 	within the state, or furnishing any telephone service to the public. 
26.1 	A telephone company does not include a radio common carrier. A telephone 
26.2 	company that also conforms with the definition of a radio common carrier is subject to 
26.3 	regulation as a telephone company; however, this chapter does not apply to telephone 
26.4 	company activities that conform to the definition of a radio common carrier.
26.5 	A telephone company does not include a telecommunications carrier, except that a 
26.6 	telecommunications carrier is a telephone company for the purposes of section 222.36.

26.7 	Sec. 10.  REPEALER.
 26.8 	Minnesota Statutes 2010, sections 237.01, subdivisions 1, 3, 4, 6, 7, and 8; 237.011; 
26.9 	237.012; 237.02; 237.03; 237.035; 237.036; 237.05; 237.06; 237.065; 237.066; 237.067; 
26.10 	237.068; 237.069; 237.07; 237.071; 237.072; 237.075, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 
26.11 	9, 10, and 11; 237.076; 237.082; 237.09; 237.10; 237.101; 237.11; 237.115; 237.12; 
26.12 	237.121; 237.14; 237.15; 237.155; 237.16, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 
26.13 	13; 237.164; 237.17; 237.18; 237.19; 237.20; 237.21; 237.22; 237.23; 237.231; 237.24; 
26.14 	237.25; 237.26; 237.27; 237.28; 237.295; 237.30; 237.33; 237.34; 237.35; 237.36; 237.37; 
26.15 	237.38; 237.39; 237.40; 237.411; 237.414; 237.435; 237.44; 237.45; 237.46; 237.461, 
26.16 	subdivisions 1, 2, and 4; 237.47; 237.57; 237.59, subdivisions 1, 1a, 2, 3, 4, 5, 6, 8, 9, and 
26.17 	10; 237.60, subdivisions 3 and 4; 237.61; 237.626; 237.64; 237.66, subdivisions 1, 1a, 1c, 
26.18 	1d, 2, 2a, and 3; 237.661; 237.662; 237.663; 237.665; 237.67; 237.681, subdivision 5; 
26.19 	237.73; 237.74; 237.75; 237.76; 237.761; 237.762; 237.763; 237.764; 237.765; 237.766; 
26.20 	237.767; 237.768; 237.769; 237.770; 237.771; 237.772; 237.773, subdivisions 1, 2, 3, and 
26.21 	4; 237.774; 237.775; 237.79; 237.80; and 237.81, are repealed.

26.22 	Sec. 11. EFFECTIVE DATE.
 26.23 	Sections 1 to 10 are effective ...........