Minnesota Session Laws - 2009, Regular Session

CHAPTER 57--S.F.No. 926

An act

relating to telecommunications; modifying provisions relating to reduced rate regulation and promotion activities;

amending Minnesota Statutes 2008, sections 237.411, subdivision 2; 237.626; repealing Laws 2004, chapter 261, article 6, section 5, as amended.

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

Section 1.

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

Subd. 2.

Competitive area; defined.

A "competitive area" is an exchange located deleted text begin : deleted text end

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

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

Sec. 2.

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

237.626 PROMOTION ACTIVITIES.

Subdivision 1.

Promotions.

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

Subd. 2.

Bundled service.

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

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

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

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

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

new text begin Subd. 3. new text end

new text begin Promotions available for resale. new text end

new text begin Any promotional offering lasting more than 90 days and filed with the commission under subdivision 1 must be available to qualifying carriers for resale. A qualifying carrier must hold a certificate of authority from the commission and must have an approved interconnection agreement with the company offering the promotion, the terms of which include language governing the resale of services. new text end

Sec. 3.

new text begin RULES SUPERSEDED. new text end

new text begin Any provisions of Minnesota Rules, parts 7811.2210, subpart 6, and 7812.2210, subpart 6, that are inconsistent with the amendments made in section 2 are superseded and are not applicable to competitive local exchange carriers. new text end

Sec. 4.

new text begin REPEALER. new text end

new text begin Laws 2004, chapter 261, article 6, section 5, as amended by Laws 2005, chapter 10, article 1, section 80, new text end new text begin is repealed. new text end

Sec. 5.

new text begin EFFECTIVE DATE. new text end

new text begin Sections 1 to 4 are effective the day following final enactment. new text end

Presented to the governor May 7, 2009

Signed by the governor May 11, 2009, 2:40 p.m.