2007 Minnesota Statutes

237.09 DISCRIMINATION PROHIBITED.
    Subdivision 1. Generally. No telephone company, or any agent or officer thereof, shall,
directly or indirectly, in any manner, knowingly or willfully, charge, demand, collect, or receive
from any person, firm, or corporation, a greater or less compensation for any intrastate service
rendered or to be rendered by it than it charges, demands, collects, or receives from any other
firm, person, or corporation for a like and contemporaneous intrastate service under similar
circumstances.
    Subd. 2. Particular services. (a) A telephone company that offers or provides a service or
services, service elements, features, or functionalities on a separate, stand-alone basis to any
customer shall provide that service, service element, feature, or functionality pursuant to tariff to
all similarly situated persons, including all telecommunications carriers and competitors. To the
extent prohibited by the Federal Communications Commission or Public Utilities Commission, a
telephone company shall not give preference or discriminate in providing services, products, or
facilities to an affiliate or to its own or an affiliate's retail department that sells to consumers.
(b) For purposes of establishing an appropriate rate or price floor for a rate for a telephone
service, a telephone company shall impute, on a service-by-service basis, into the rate or price
for that service, the tariffed rate or price for the same services, service elements, or network
functions that the company provides to others who use it to provide a service that competes
with the telephone service offered by the company. A company is not required to impute a rate
or price under this paragraph if it demonstrates to the commission, in an expedited proceeding
under section 237.61, that:
(1) the competitor can obtain substantially equivalent services, service elements, or network
functions within the relevant market or geographic area on reasonably comparable terms and
conditions through self-provision or from a provider other than the telephone company; or
(2) application of the imputation requirement otherwise would be inconsistent with the
public interest.
History: (5292) 1915 c 152 s 7; 1995 c 156 s 3,25; 2003 c 97 s 2