2007 Minnesota Statutes

237.081 INVESTIGATION.
    Subdivision 1. Commission investigation. 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.
    Subd. 1a. Complaint investigation. Upon a complaint 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 obtained, the commission, after notice to the telephone
company, shall investigate the matters raised by the complaint.
    Subd. 2. Procedure after investigation. (a) If, after making an investigation under
subdivision 1 or 1a, the commission finds that a significant factual issue raised has not been
resolved to its satisfaction, the commission shall follow the appropriate procedure prescribed
by this subdivision.
(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.
(c) For other investigations, the commission shall order that a contested case hearing be
conducted under chapter 14 unless the complainant, the telephone company, and the commission
agree that an expedited hearing under section 237.61 is appropriate.
    Subd. 3.[Repealed, 1989 c 74 s 26]
    Subd. 4. Establishment of rate and price. Whenever the commission finds, after a
proceeding under subdivision 2, that (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 inadequate,
the commission shall make an order respecting the tariff, regulation, act, omission, practice, or
service that is just and reasonable and, if applicable, shall establish just and reasonable rates
and prices.
    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.
History: 1974 c 40 s 1; 1979 c 319 s 2,3; 1981 c 248 s 3; 1986 c 444; 1987 c 340 s 19;
1989 c 74 s 4