1998 Minnesota Statutes

     237.63 Miscellaneous tariffs. 

    Subdivision 1.    Generally.  A telephone company whose 
 general revenue requirement is determined under section 237.075 
 may also set or change its rates for noncompetitive services 
 under this section.  

    Subd. 2.    Language change.  If language describing a 
 rate, term, or condition of service in a tariff is changed, 
 without substantially altering the application of the tariff, 
 the change may take effect upon one-day notice to the public 
 utilities commission.  

    Subd. 3.    Cost increase.  If the actual costs of 
 providing a particular service have increased since the last 
 proceeding under section 237.075, the rate for that service may 
 be increased to recover those costs.  The company requesting 
 this rate increase shall file with its request the cost data it 
 relies upon for the increase.  The department shall review the 
 request and make a recommendation to the commission regarding 
 the appropriateness of the request within 20 calendar days of 
 filing the request by the telephone company.  If the department 
 notifies the company within 15 days of the filing that 
 additional information is required, the department shall make 
 its recommendation to the commission within 20 calendar days 
 after receipt of that additional information.  If the company 
 fails to provide adequate information within 20 calendar days of 
 the department request, the department shall recommend denial of 
 the company request on the basis of failure to provide adequate 
 information.  The commission shall either approve or reject the 
 request under this subdivision within 20 calendar days of the 
 receipt of the department recommendation.  In order to qualify 
 as a change in costs, it must be a cost change related to a 
 particular service rather than a general overall increase 
 applicable to most of the company's services, and an actual 
 change in costs must have occurred rather than the discovery of 
 a change in costs as a result of conducting a new cost study.  

    Subd. 4.    Reducing rate.  A company may reduce its 
 rates for one or more services effective 20 days after filing 
 the rates with the commission.  

    Subd. 4a.    Significant change in condition of service. 
  If the terms or conditions of service in a tariff are changed 
 in a way that substantially changes the application of the 
 tariff, but the price is not changed, the change in the tariff 
 may take effect according to the schedule governing rate 
 reductions in subdivision 4. 

    Subd. 4b.    New service.  A telephone company may offer 
 a new service to its customers ten days after it files a tariff 
 with the department and the commission. 

    Subd. 4c.    Other change.  A tariff change not covered 
 by subdivisions 1 to 4b and not requiring a review of a 
 telephone company's gross revenues must be reviewed in 
 accordance with section 237.075, subdivisions 1 and 2, except 
 that the commission may order the company to provide whatever 
 notice to potentially affected customers that the commission 
 considers appropriate. 

    Subd. 5.    Burden of proof.  The burden of proof that 
 the requested rates are reasonable under this section is on the 
 telephone company providing the service.  

    Subd. 6.    Filing.  A copy of filings made under this 
 section must be served on the commission, the department, and 
 the attorney general.  

    Subd. 7.    Commission review.  Nothing in this section 
 prevents the commission from ordering that a requested change 
 not take effect, or from subsequently amending the rates either 
 through a complaint proceeding, a commission investigation, or 
 through a proceeding conducted under section 237.075.  

    HIST: 1987 c 340 s 7; 1989 c 74 s 19-22