Bill Text: MN HF2767 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Telecommunications antiquated, unnecessary, redundant, or obsolete laws eliminated, and conforming changes made.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-03-28 - Second reading [HF2767 Detail]
Download: Minnesota-2013-HF2767-Engrossed.html
1.2relating to telecommunications; eliminating antiquated, unnecessary, redundant,
1.3or obsolete laws; making conforming changes; amending Minnesota Statutes
1.42012, sections 237.04; 237.14; 237.16, subdivisions 8, 12; 237.164; 237.17;
1.5237.30; 237.46; 237.491; 237.69, subdivisions 1, 15, 16; 237.71; 270B.14,
1.6subdivision 1; Minnesota Statutes 2013 Supplement, sections 237.036; 237.16,
1.7subdivision 9; repealing Minnesota Statutes 2012, sections 237.068; 237.16,
1.8subdivisions 10, 11, 13; 237.18; 237.33; 237.34; 237.35; 237.36; 237.37; 237.38;
1.9237.39; 237.40; 237.44; 237.45; 237.47; 237.67; 237.711; 237.80, subdivision 1.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2013 Supplement, section 237.036, is amended to read:
1.12237.036 COIN-OPERATED OR PUBLIC PAY TELEPHONES.
1.13(a) Neither commission approval nor a commission certificate is required to:
1.14(1) site a coin-operated or public pay telephone in the state; or
1.15(2) implement changes in service, services offered, rates, or location regarding a
1.16coin-operated or public pay telephone. Registration under section237.64 is required to
1.17own or operate a coin-operated or public pay telephone in the state.
1.18(b) This section does not change the authority of other state or local government
1.19entities to regulate aspects of coin-operated or public pay telephone ownership, location,
1.20or operation; however, an entity may not regulate aspects of these services that it did not
1.21regulate prior to May 26, 1999. The commission shall retain the authority delegated to
1.22it under federal and state law to protect the public interest with regard to coin-operated
1.23or public pay telephones.
1.24(c) Owners and operators of coin-operated or public pay telephones are exempt from
1.25sections237.06 ,
237.07 ,
237.075 ,
237.09 ,
237.23 ,
237.295 , and
237.39
1.26reporting requirement of section237.11 .
2.1(d) Owners of coin-operated or public pay telephones shall:
2.2(1) provide immediate coin-free access, to the extent technically feasible, to 911
2.3emergency service or to another approved emergency service; and
2.4(2) provide free access to the telecommunications relay service for people with
2.5communication disabilities.
2.6(e) Owners of coin-operated or public pay telephones must post at each coin-operated
2.7or public pay telephone location:
2.8(1) customer service and complaint information, including the name, address, and
2.9telephone number of the owner of the coin-operated or public pay telephone and the
2.10operator service handling calls from the coin-operated or public pay telephone; a toll-free
2.11number of the appropriate telephone company for the resolution of complaints; and the
2.12toll-free number of the public utilities commission; and
2.13(2) a toll-free number at which consumers can obtain pricing information regarding
2.14rates, charges, terms, and conditions of local and long-distance calls.
2.15 Sec. 2. Minnesota Statutes 2012, section 237.04, is amended to read:
2.16237.04 WIRE CROSSING OR PARALLELING UTILITY LINE; RULES.
2.17(a) The departmentshall determine and promulgate reasonable rules covering the
2.18maintenance and operation, also the nature, location, and character of the construction to
2.19be used, where telephone, telegraph, electric light, power, or other electric wires of any
2.20kind, or any natural gas pipelines, cross, or more or less parallel the lines of any railroad,
2.21or any other similar public service corporation; and, to this end, shall formulate and from
2.22time to time, issue general rules covering each class of construction, maintenance, and
2.23operation of such telephone, telegraph, telecommunications, cable, fiber optic, electric
2.24wire, or natural gas pipeline crossing, or paralleling, under the various conditions existing;
2.25and the department, upon the complaint of any person, railroad, municipal utility,
2.26cooperative electric association, telephone company, telecommunications carrier, cable
2.27company, fiber optic carrier, or other public utility claiming to be injuriously affected or
2.28subjected to hazard by anysuch crossing or paralleling of the lines of any railroad or other
2.29similar public service corporation, constructed or about to be constructed, shall, after a
2.30hearing, make such order and prescribe such terms and conditions for the construction,
2.31maintenance, and operation of the lines in question as may be just and reasonable.
2.32(b) The department may, upon request of any municipal utility, electric cooperative
2.33association, public utility, telephone company, telecommunications carrier, cable
2.34company, or fiber optic carrier determine the just and reasonable charge which a railroad,
2.35or owner of an abandoned railroad right-of-way, other than the state or a regional railroad
3.1authority, can prescribe for a new or existing crossing of a railroad right-of-way by any
3.2telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas line, or new
3.3or existing telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas
3.4line more or less paralleling a railroad right-of-way, based on the diminution in value
3.5caused by the crossing or paralleling of the right-of-way by the telephone, telegraph,
3.6telecommunications, cable, fiber optic, electric, or gas line. This section shall not be
3.7construed to eliminate the right of a public utility, municipal utility, or electric cooperative
3.8association to have any of the foregoing issues determined pursuant to an eminent domain
3.9proceeding commenced under chapter 117. Unless the railroad, or owner of an abandoned
3.10railroad right-of-way, other than the state or a regional railroad authority, asserts in writing
3.11that the proposed crossing or paralleling is a serious threat to the safe operations of the
3.12railroad or to the current use of the railroad right-of-way, a crossing can be constructed
3.13following filing of the requested action with the department, pending review of the
3.14requested action by the department.
3.15(c) The department shall assess the cost of reviewing the requested action, and of
3.16determining a just and reasonable charge, equally among the parties.
3.17(d) For the purposes of this section, "parallel" or "paralleling" means that the
3.18relevant utility facilities run adjacent to and alongside the lines of a railroad for no more
3.19than one mile, or another distance agreed to by the parties, before the utility facilities cross
3.20the railroad lines, terminate, or exit the railroad right-of-way.
3.21 Sec. 3. Minnesota Statutes 2012, section 237.14, is amended to read:
3.22237.14 RATE FOR SERVICE TO OFFICER.
3.23A telephone company may furnish service free or at reduced rates to its officers,
3.24agents, or employees in furtherance of their employment, but it shall charge full schedule
3.25rates without discrimination for all other services.Nothing herein shall release any
3.26telephone company from carrying out any contract now existing between it and any
3.27municipality for the furnishing of any service free or at reduced rates. Any contract for
3.28telephone service, at discriminatory rates, other than those with municipalities, shall be
3.29terminated by the company as soon as the same becomes terminable by its terms.
3.30 Sec. 4. Minnesota Statutes 2012, section 237.16, subdivision 8, is amended to read:
3.31 Subd. 8. Rules. (a)Before August 1, 1997, The commission shall adopt rules
3.32applicable to all telephone companies and telecommunications carriers required to obtain
3.33or having obtained a certificate for provision of telephone service using any existing
3.34federal standards as minimum standards and incorporating any additional standards
4.1or requirements necessary to ensure the provision of high-quality telephone services
4.2throughout the state. The rules must, at a minimum:
4.3(1) define procedures for competitive entry and exit;
4.4(2) require the provisions of equal access and interconnection with the company's
4.5network and other features, functions, and services which the commission considers
4.6necessary to promote fair and reasonable competition;
4.7(3) require unbundling of network services and functions to at least the level required
4.8by existing federal standards;
4.9(4) prescribe, if necessary, methods of reciprocal compensation between telephone
4.10companies;
4.11(5) provide for local telephone number portability;
4.12(6) prescribe appropriate regulatory standards for new local telephone service
4.13providers, that facilitate and support the development of competitive services;
4.14(7) protect against cross-subsidization, unfair competition, and other practices
4.15harmful to promoting fair and reasonable competition;
4.16(8) prescribe methods for the preservation of universal and affordable local
4.17telephone services;
4.18(9) prescribe standards for quality of service;
4.19(10) provide for the continued provision of local emergency telephone services
4.20under chapter 403; and
4.21(11) protect residential and commercial customers from unauthorized changes in
4.22service providers in a competitively neutral manner.
4.23(b)Before January 1, 1998, in a separate rulemaking, The commission shall adopt
4.24separate rules regarding the issues described in paragraph (a), clauses (1) to (11), as may
4.25be appropriate to provision of competitive local telephone service in areas served by
4.26telephone companies with less than 50,000 subscribersoriginally certified to provide local
4.27telephone services before January 1, 1988.
4.28 Sec. 5. Minnesota Statutes 2013 Supplement, section 237.16, subdivision 9, is
4.29amended to read:
4.30 Subd. 9. Universal service fund. The commission shall establish and require
4.31contributions to a universal service fund, to be supported by all providers of telephone
4.32services, whether or not they are telephone companies under section237.01 , including, but
4.33not limited to, local telephone companies, independent telephone companies, cooperative
4.34telephone companies, municipal telephone companies, telecommunications carriers,
4.35radio common carriers, personal communication service providers, and cellular carriers.
5.1Services that should be considered for inclusion as universal include, at a minimum,
5.2single-party service including access, usage and touch-tone capability; line quality
5.3capable of carrying facsimile and data transmissions; equal access; emergency services
5.4number capability; statewide telecommunications relay service for people with hearing
5.5loss; and blocking of long-distance toll services. The fund must be administered and
5.6distributed in accordance with rules adopted by the commission and designed to preserve
5.7the availability of universal service throughout the state. Any state universal service fund
5.8must be coordinated with any federal universal service fund and be consistent with section
5.9254(b)(1) to (5) of the federal Telecommunications Act of 1996, Public Law 104-104.The
5.10department shall make recommendations to the legislature by January 1, 1996, regarding a
5.11plan for contributions to and expenditures from the universal service fund. In particular,
5.12the department shall address the following issues:
5.13(1) what additional services should be included in the basic set of essential telephone
5.14services which the state should encourage in its mandate to ensure universal service;
5.15(2) whether and how expenditures from the fund should be used to ensure citizens
5.16access to local government and other public access programming; and
5.17(3) whether expenditures from the fund should be used to encourage construction
5.18of infrastructure for, and access to, advanced services, especially in high-cost areas of
5.19the state, and, if the commission determines the fund should be used for this purpose, a
5.20plan to accomplish these goals.
5.21 Sec. 6. Minnesota Statutes 2012, section 237.16, subdivision 12, is amended to read:
5.22 Subd. 12. Extension of interexchange facility. In order to promote the
5.23development of competitive interexchange services and facilities, any interexchange
5.24facility that is owned by a certified telephone company, independent telephone company,
5.25telecommunications carrier or an affiliate and that is used to provide service to customers
5.26located in areas for which it has been previously certified to provide service may be
5.27extended to meet and interconnect with the facility of another telephone company, small
5.28telephone company, or telecommunications carrier, whether at a point inside or outside
5.29of its territories, without further proceeding, order, or determination of current or future
5.30public convenience and necessity, upon mutual consent with the other telephone company,
5.31small telephone company, or telecommunications carrier whose facilities will be met and
5.32interconnected. Written notice of the extension and interconnection must be provided to
5.33the Public Utilities Commission and Department of Public Safety within 30 days after
5.34completion. The written notice must be served on all incumbent local exchange companies
5.35certified before January 1, 1988, in all areas where the facilities are located.
6.1 Sec. 7. Minnesota Statutes 2012, section 237.164, is amended to read:
6.2237.164 UNIVERSAL SERVICE DISCOUNT FOR SCHOOL OR LIBRARY.
6.3The commission shall establish intrastate service discounts for schools and libraries
6.4by order to the extentand within the time frame necessary to enable schools and libraries
6.5tobegin receiving receive federally supported discounts at the earliest date permitted by
6.6the Federal Communications Commission.
6.7 Sec. 8. Minnesota Statutes 2012, section 237.17, is amended to read:
6.8237.17 EXTENSION OF LONG-DISTANCE LINE.
6.9Any telephone company may extend its long-distance lines into or through any city
6.10of this state for the furnishing of long-distance service only, subject tothe regulation of
6.11the governing body of such city relative to the location of the poles and wires and the
6.12preservation of the safe and convenient use of such streets and alleys to the public sections
6.13237.162 and 237.163.
6.14 Sec. 9. Minnesota Statutes 2012, section 237.30, is amended to read:
6.15237.30 TELEPHONE INVESTIGATION FUND; APPROPRIATION.
6.16The sum of $25,000 is hereby appropriated out of any moneys in the state treasury
6.17not otherwise appropriated, to establish and provide a revolving fund to be known as the
6.18 A Minnesota Telephone Investigation Fund shall exist for the use of the Department of
6.19Commerce and of the attorney general in investigations, valuations, and revaluations
6.20under section237.295 . All sums paid by the telephone companies to reimburse the
6.21department for its expenses pursuant to section237.295 shall be credited to the revolving
6.22fund and shall be deposited in a separate bank account and not commingled with any other
6.23state funds or moneys, but any balance in excess of $25,000 in the revolving fund at the
6.24end of each fiscal year shall be paid into the state treasury and credited to the general fund.
6.25The sum of $25,000 herein appropriated and All subsequent credits to said revolving fund
6.26shall be paid upon the warrant of the commissioner of management and budget upon
6.27application of the department or of the attorney general to an aggregate amount of not
6.28more than one-half of such sums to each of them, which proportion shall be constantly
6.29maintained in all credits and withdrawals from the revolving fund.
6.30 Sec. 10. Minnesota Statutes 2012, section 237.46, is amended to read:
6.31237.46 GROSS MISDEMEANOR VIOLATION.
7.1Any telephone company or telecommunications carrier and, if it be a corporation,
7.2the officers thereof, violating any provisions ofsections
237.01 to
237.27, this chapter
7.3 shall be guilty of a gross misdemeanor.
7.4 Sec. 11. Minnesota Statutes 2012, section 237.491, is amended to read:
7.5237.491 COMBINED PER NUMBER FEE.
7.6 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
7.7section.
7.8(b) "911 emergency and public safety communications program" means the program
7.9governed by chapter 403.
7.10(c) "Minnesota telephone number" means a ten-digit telephone number being used
7.11to connect to the public switched telephone network and starting with area code 218, 320,
7.12507, 612, 651, 763, or 952, or any subsequent area code assigned to this state.
7.13(d) "Service provider" means a provider doing business in this state who provides
7.14real-time, two-way voice service with a Minnesota telephone number.
7.15(e) "Telecommunications access Minnesota program" means the program governed
7.16by sections237.50 to
237.55 .
7.17(f) "Telephone assistance program" means the program governed by sections237.69
7.18to237.711
7.19 Subd. 2. Per number fee. (a)By January 15, 2006, the commissioner of commerce
7.20shall report to the legislature and to the senate Committee on Jobs, Energy and Community
7.21Development and the house of representatives Committee on Regulated Industries,
7.22recommendations for the amount of and method for assessing a fee that would apply to
7.23each service provider based upon the number of Minnesota telephone numbers in use by
7.24current customers of the service provider. Annually, the commission shall set the fee
7.25would be set at a level calculated to generate only the amount of revenue necessary to fund:
7.26(1) the telephone assistance program and the telecommunications access Minnesota
7.27program at the levels established by the commission under sections237.52, subdivision
7.282 , and
237.70 ; and
7.29(2) the 911 emergency and public safety communications program at the levels
7.30appropriated by law to the commissioner of public safety and the commissioner of
7.31management and budget for purposes of sections403.11 ,
403.113 ,
403.27 ,
403.30 , and
7.32403.31
for each fiscal year.
7.33(b) The recommendations must include any changes to Minnesota Statutes necessary
7.34to establish the procedures whereby each service provider, to the extent allowed under
7.35federal law, would collect and remit the fee proceeds to the commissioner of revenue. The
8.1commissioner of revenue would allocate the fee proceeds to the three funding areas in
8.2paragraph (a) and credit the allocations to the appropriate accounts.
8.3(c)The recommendations must be designed to allow the combined per telephone
8.4number fee to be collected beginning July 1, 2006. The per access line fee used to collect
8.5revenues to support the TAP, TAM, and 911 programs remains in effect until the statutory
8.6changes necessary to implement the per telephone number fee have been enacted into
8.7law and taken effect.
8.8(d) As part of the process of developing the recommendations and preparing the
8.9report to the legislature required under paragraph (a), the commissioner of commerce
8.10must, at a minimum, consult regularly with the Departments of Public Safety, Management
8.11and Budget, and Administration, the Public Utilities Commission, service providers,
8.12the chairs and ranking minority members of the senate and house of representatives
8.13committees, subcommittees, and divisions having jurisdiction over telecommunications
8.14and public safety, and other affected parties.
8.15 Sec. 12. Minnesota Statutes 2012, section 237.69, subdivision 1, is amended to read:
8.16 Subdivision 1. Scope. The terms used in sections237.69 to
237.711
8.17the meanings given them in this section.
8.18 Sec. 13. Minnesota Statutes 2012, section 237.69, subdivision 15, is amended to read:
8.19 Subd. 15. Income. For purposes of sections237.69 to
237.711
8.20has the meaning given it in section290A.03, subdivision 3 .
8.21 Sec. 14. Minnesota Statutes 2012, section 237.69, subdivision 16, is amended to read:
8.22 Subd. 16. Telephone assistance plan. "Telephone assistance plan" means the plan
8.23to be adopted by the commission and to be jointly administered by the commission, the
8.24Department of Human Services, and the telephone companies, as required by sections
8.25237.69
to
237.711
8.26 Sec. 15. Minnesota Statutes 2012, section 237.71, is amended to read:
8.27237.71 TAP RULES.
8.28The commission shall adopt rules under the Administrative Procedure Act necessary
8.29or appropriate toestablish administer the telephone assistance plan in accordance with
8.30this chapterso that the telephone assistance plan is effective as of January 1, 1988, or as
8.31soon after that date as Federal Communications Commission approval of the telephone
8.32assistance plan is obtained.
9.1 Sec. 16. Minnesota Statutes 2012, section 270B.14, subdivision 1, is amended to read:
9.2 Subdivision 1. Disclosure to commissioner of human services. (a) On the request
9.3of the commissioner of human services, the commissioner shall disclose return information
9.4regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to
9.5the extent provided in paragraph (b) and for the purposes set forth in paragraph (c).
9.6 (b) Data that may be disclosed are limited to data relating to the identity,
9.7whereabouts, employment, income, and property of a person owing or alleged to be owing
9.8an obligation of child support.
9.9 (c) The commissioner of human services may request data only for the purposes of
9.10carrying out the child support enforcement program and to assist in the location of parents
9.11who have, or appear to have, deserted their children. Data received may be used only
9.12as set forth in section256.978 .
9.13 (d) The commissioner shall provide the records and information necessary to
9.14administer the supplemental housing allowance to the commissioner of human services.
9.15 (e) At the request of the commissioner of human services, the commissioner of
9.16revenue shall electronically match the Social Security numbers and names of participants
9.17in the telephone assistance plan operated under sections237.69 to
237.711
9.18those of property tax refund filers, and determine whether each participant's household
9.19income is within the eligibility standards for the telephone assistance plan.
9.20 (f) The commissioner may provide records and information collected under sections
9.21295.50
to
295.59 to the commissioner of human services for purposes of the Medicaid
9.22Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law
9.23102-234. Upon the written agreement by the United States Department of Health and
9.24Human Services to maintain the confidentiality of the data, the commissioner may provide
9.25records and information collected under sections295.50 to
295.59 to the Centers for
9.26Medicare and Medicaid Services section of the United States Department of Health and
9.27Human Services for purposes of meeting federal reporting requirements.
9.28 (g) The commissioner may provide records and information to the commissioner of
9.29human services as necessary to administer the early refund of refundable tax credits.
9.30 (h) The commissioner may disclose information to the commissioner of human
9.31services necessary to verify income for eligibility and premium payment under the
9.32MinnesotaCare program, under section256L.05, subdivision 2 .
9.33 (i) The commissioner may disclose information to the commissioner of human
9.34services necessary to verify whether applicants or recipients for the Minnesota family
9.35investment program, general assistance, food support, Minnesota supplemental aid
10.1program, and child care assistance have claimed refundable tax credits under chapter 290
10.2and the property tax refund under chapter 290A, and the amounts of the credits.
10.3 (j) The commissioner may disclose information to the commissioner of human
10.4services necessary to verify income for purposes of calculating parental contribution
10.5amounts under section252.27, subdivision 2a .
10.6 Sec. 17. REPEALER.
10.7Minnesota Statutes 2012, sections 237.068; 237.16, subdivisions 10, 11, and 13;
10.8237.18; 237.33; 237.34; 237.35; 237.36; 237.37; 237.38; 237.39; 237.40; 237.44; 237.45;
10.9237.47; 237.67; 237.711; and 237.80, subdivision 1, are repealed.
1.3or obsolete laws; making conforming changes; amending Minnesota Statutes
1.42012, sections 237.04; 237.14; 237.16, subdivisions 8, 12; 237.164; 237.17;
1.5237.30; 237.46; 237.491; 237.69, subdivisions 1, 15, 16; 237.71; 270B.14,
1.6subdivision 1; Minnesota Statutes 2013 Supplement, sections 237.036; 237.16,
1.7subdivision 9; repealing Minnesota Statutes 2012, sections 237.068; 237.16,
1.8subdivisions 10, 11, 13; 237.18; 237.33; 237.34; 237.35; 237.36; 237.37; 237.38;
1.9237.39; 237.40; 237.44; 237.45; 237.47; 237.67; 237.711; 237.80, subdivision 1.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2013 Supplement, section 237.036, is amended to read:
1.12237.036 COIN-OPERATED OR PUBLIC PAY TELEPHONES.
1.13(a) Neither commission approval nor a commission certificate is required to:
1.14(1) site a coin-operated or public pay telephone in the state; or
1.15(2) implement changes in service, services offered, rates, or location regarding a
1.16coin-operated or public pay telephone. Registration under section
1.17own or operate a coin-operated or public pay telephone in the state.
1.18(b) This section does not change the authority of other state or local government
1.19entities to regulate aspects of coin-operated or public pay telephone ownership, location,
1.20or operation; however, an entity may not regulate aspects of these services that it did not
1.21regulate prior to May 26, 1999. The commission shall retain the authority delegated to
1.22it under federal and state law to protect the public interest with regard to coin-operated
1.23or public pay telephones.
1.24(c) Owners and operators of coin-operated or public pay telephones are exempt from
1.25sections
1.26reporting requirement of section
2.1(d) Owners of coin-operated or public pay telephones shall:
2.2(1) provide immediate coin-free access, to the extent technically feasible, to 911
2.3emergency service or to another approved emergency service; and
2.4(2) provide free access to the telecommunications relay service for people with
2.5communication disabilities.
2.6(e) Owners of coin-operated or public pay telephones must post at each coin-operated
2.7or public pay telephone location:
2.8(1) customer service and complaint information, including the name, address, and
2.9telephone number of the owner of the coin-operated or public pay telephone and the
2.10operator service handling calls from the coin-operated or public pay telephone; a toll-free
2.11number of the appropriate telephone company for the resolution of complaints; and the
2.12toll-free number of the public utilities commission; and
2.13(2) a toll-free number at which consumers can obtain pricing information regarding
2.14rates, charges, terms, and conditions of local and long-distance calls.
2.15 Sec. 2. Minnesota Statutes 2012, section 237.04, is amended to read:
2.16237.04 WIRE CROSSING OR PARALLELING UTILITY LINE; RULES.
2.17(a) The department
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26cooperative electric association, telephone company, telecommunications carrier, cable
2.27company, fiber optic carrier, or other public utility claiming to be injuriously affected or
2.28subjected to hazard by any
2.29similar public service corporation, constructed or about to be constructed, shall, after a
2.30hearing, make such order and prescribe such terms and conditions for the construction,
2.31maintenance, and operation of the lines in question as may be just and reasonable.
2.32(b) The department may, upon request of any municipal utility, electric cooperative
2.33association, public utility, telephone company, telecommunications carrier, cable
2.34company, or fiber optic carrier determine the just and reasonable charge which a railroad,
2.35or owner of an abandoned railroad right-of-way, other than the state or a regional railroad
3.1authority, can prescribe for a new or existing crossing of a railroad right-of-way by any
3.2telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas line, or new
3.3or existing telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas
3.4line more or less paralleling a railroad right-of-way, based on the diminution in value
3.5caused by the crossing or paralleling of the right-of-way by the telephone, telegraph,
3.6telecommunications, cable, fiber optic, electric, or gas line. This section shall not be
3.7construed to eliminate the right of a public utility, municipal utility, or electric cooperative
3.8association to have any of the foregoing issues determined pursuant to an eminent domain
3.9proceeding commenced under chapter 117. Unless the railroad, or owner of an abandoned
3.10railroad right-of-way, other than the state or a regional railroad authority, asserts in writing
3.11that the proposed crossing or paralleling is a serious threat to the safe operations of the
3.12railroad or to the current use of the railroad right-of-way, a crossing can be constructed
3.13following filing of the requested action with the department, pending review of the
3.14requested action by the department.
3.15(c) The department shall assess the cost of reviewing the requested action, and of
3.16determining a just and reasonable charge, equally among the parties.
3.17(d) For the purposes of this section, "parallel" or "paralleling" means that the
3.18relevant utility facilities run adjacent to and alongside the lines of a railroad for no more
3.19than one mile, or another distance agreed to by the parties, before the utility facilities cross
3.20the railroad lines, terminate, or exit the railroad right-of-way.
3.21 Sec. 3. Minnesota Statutes 2012, section 237.14, is amended to read:
3.22237.14 RATE FOR SERVICE TO OFFICER.
3.23A telephone company may furnish service free or at reduced rates to its officers,
3.24agents, or employees in furtherance of their employment, but it shall charge full schedule
3.25rates without discrimination for all other services.
3.26
3.27
3.28
3.29
3.30 Sec. 4. Minnesota Statutes 2012, section 237.16, subdivision 8, is amended to read:
3.31 Subd. 8. Rules. (a)
3.32applicable to all telephone companies and telecommunications carriers required to obtain
3.33or having obtained a certificate for provision of telephone service using any existing
3.34federal standards as minimum standards and incorporating any additional standards
4.1or requirements necessary to ensure the provision of high-quality telephone services
4.2throughout the state. The rules must, at a minimum:
4.3(1) define procedures for competitive entry and exit;
4.4(2) require the provisions of equal access and interconnection with the company's
4.5network and other features, functions, and services which the commission considers
4.6necessary to promote fair and reasonable competition;
4.7(3) require unbundling of network services and functions to at least the level required
4.8by existing federal standards;
4.9(4) prescribe, if necessary, methods of reciprocal compensation between telephone
4.10companies;
4.11(5) provide for local telephone number portability;
4.12(6) prescribe appropriate regulatory standards for new local telephone service
4.13providers, that facilitate and support the development of competitive services;
4.14(7) protect against cross-subsidization, unfair competition, and other practices
4.15harmful to promoting fair and reasonable competition;
4.16(8) prescribe methods for the preservation of universal and affordable local
4.17telephone services;
4.18(9) prescribe standards for quality of service;
4.19(10) provide for the continued provision of local emergency telephone services
4.20under chapter 403; and
4.21(11) protect residential and commercial customers from unauthorized changes in
4.22service providers in a competitively neutral manner.
4.23(b)
4.24separate rules regarding the issues described in paragraph (a), clauses (1) to (11), as may
4.25be appropriate to provision of competitive local telephone service in areas served by
4.26telephone companies with less than 50,000 subscribers
4.27
4.28 Sec. 5. Minnesota Statutes 2013 Supplement, section 237.16, subdivision 9, is
4.29amended to read:
4.30 Subd. 9. Universal service fund. The commission shall establish and require
4.31contributions to a universal service fund, to be supported by all providers of telephone
4.32services, whether or not they are telephone companies under section
4.33not limited to, local telephone companies, independent telephone companies, cooperative
4.34telephone companies, municipal telephone companies, telecommunications carriers,
4.35radio common carriers, personal communication service providers, and cellular carriers.
5.1Services that should be considered for inclusion as universal include, at a minimum,
5.2single-party service including access, usage and touch-tone capability; line quality
5.3capable of carrying facsimile and data transmissions; equal access; emergency services
5.4number capability; statewide telecommunications relay service for people with hearing
5.5loss; and blocking of long-distance toll services. The fund must be administered and
5.6distributed in accordance with rules adopted by the commission and designed to preserve
5.7the availability of universal service throughout the state. Any state universal service fund
5.8must be coordinated with any federal universal service fund and be consistent with section
5.9254(b)(1) to (5) of the federal Telecommunications Act of 1996, Public Law 104-104.
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
5.18
5.19
5.20
5.21 Sec. 6. Minnesota Statutes 2012, section 237.16, subdivision 12, is amended to read:
5.22 Subd. 12. Extension of interexchange facility. In order to promote the
5.23development of competitive interexchange services and facilities, any interexchange
5.24facility that is owned by a certified telephone company, independent telephone company,
5.25telecommunications carrier or an affiliate and that is used to provide service to customers
5.26located in areas for which it has been previously certified to provide service may be
5.27extended to meet and interconnect with the facility of another telephone company, small
5.28telephone company, or telecommunications carrier, whether at a point inside or outside
5.29of its territories, without further proceeding, order, or determination of current or future
5.30public convenience and necessity, upon mutual consent with the other telephone company,
5.31small telephone company, or telecommunications carrier whose facilities will be met and
5.32interconnected. Written notice of the extension and interconnection must be provided to
5.33the Public Utilities Commission and Department of Public Safety within 30 days after
5.34completion. The written notice must be served on all incumbent local exchange companies
5.35
6.1 Sec. 7. Minnesota Statutes 2012, section 237.164, is amended to read:
6.2237.164 UNIVERSAL SERVICE DISCOUNT FOR SCHOOL OR LIBRARY.
6.3The commission shall establish intrastate service discounts for schools and libraries
6.4by order to the extent
6.5to
6.6
6.7 Sec. 8. Minnesota Statutes 2012, section 237.17, is amended to read:
6.8237.17 EXTENSION OF LONG-DISTANCE LINE.
6.9Any telephone company may extend its long-distance lines into or through any city
6.10of this state for the furnishing of long-distance service only, subject to
6.11
6.12
6.13237.162 and 237.163.
6.14 Sec. 9. Minnesota Statutes 2012, section 237.30, is amended to read:
6.15237.30 TELEPHONE INVESTIGATION FUND; APPROPRIATION.
6.16
6.17
6.18 A Minnesota Telephone Investigation Fund shall exist for the use of the Department of
6.19Commerce and of the attorney general in investigations, valuations, and revaluations
6.20under section
6.21department for its expenses pursuant to section
6.22fund and shall be deposited in a separate bank account and not commingled with any other
6.23state funds or moneys, but any balance in excess of $25,000 in the revolving fund at the
6.24end of each fiscal year shall be paid into the state treasury and credited to the general fund.
6.25
6.26shall be paid upon the warrant of the commissioner of management and budget upon
6.27application of the department or of the attorney general to an aggregate amount of not
6.28more than one-half of such sums to each of them, which proportion shall be constantly
6.29maintained in all credits and withdrawals from the revolving fund.
6.30 Sec. 10. Minnesota Statutes 2012, section 237.46, is amended to read:
6.31237.46 GROSS MISDEMEANOR VIOLATION.
7.1Any telephone company or telecommunications carrier and, if it be a corporation,
7.2the officers thereof, violating any provisions of
7.3 shall be guilty of a gross misdemeanor.
7.4 Sec. 11. Minnesota Statutes 2012, section 237.491, is amended to read:
7.5237.491 COMBINED PER NUMBER FEE.
7.6 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
7.7section.
7.8(b) "911 emergency and public safety communications program" means the program
7.9governed by chapter 403.
7.10(c) "Minnesota telephone number" means a ten-digit telephone number being used
7.11to connect to the public switched telephone network and starting with area code 218, 320,
7.12507, 612, 651, 763, or 952, or any subsequent area code assigned to this state.
7.13(d) "Service provider" means a provider doing business in this state who provides
7.14real-time, two-way voice service with a Minnesota telephone number.
7.15(e) "Telecommunications access Minnesota program" means the program governed
7.16by sections
7.17(f) "Telephone assistance program" means the program governed by sections
7.18to
7.19 Subd. 2. Per number fee. (a)
7.20
7.21
7.22
7.23
7.24
7.25would be set at a level calculated to generate only the amount of revenue necessary to fund:
7.26(1) the telephone assistance program and the telecommunications access Minnesota
7.27program at the levels established by the commission under sections
7.282
7.29(2) the 911 emergency and public safety communications program at the levels
7.30appropriated by law to the commissioner of public safety and the commissioner of
7.31management and budget for purposes of sections
7.33(b) The recommendations must include any changes to Minnesota Statutes necessary
7.34to establish the procedures whereby each service provider, to the extent allowed under
7.35federal law, would collect and remit the fee proceeds to the commissioner of revenue. The
8.1commissioner of revenue would allocate the fee proceeds to the three funding areas in
8.2paragraph (a) and credit the allocations to the appropriate accounts.
8.3(c)
8.4
8.5revenues to support the TAP, TAM, and 911 programs remains in effect until the statutory
8.6changes necessary to implement the per telephone number fee have been enacted into
8.7law and taken effect.
8.8
8.9
8.10
8.11
8.12
8.13
8.14
8.15 Sec. 12. Minnesota Statutes 2012, section 237.69, subdivision 1, is amended to read:
8.16 Subdivision 1. Scope. The terms used in sections
8.17the meanings given them in this section.
8.18 Sec. 13. Minnesota Statutes 2012, section 237.69, subdivision 15, is amended to read:
8.19 Subd. 15. Income. For purposes of sections
8.20has the meaning given it in section
8.21 Sec. 14. Minnesota Statutes 2012, section 237.69, subdivision 16, is amended to read:
8.22 Subd. 16. Telephone assistance plan. "Telephone assistance plan" means the plan
8.23to be adopted by the commission and to be jointly administered by the commission, the
8.24Department of Human Services, and the telephone companies, as required by sections
8.26 Sec. 15. Minnesota Statutes 2012, section 237.71, is amended to read:
8.27237.71 TAP RULES.
8.28The commission shall adopt rules under the Administrative Procedure Act necessary
8.29or appropriate to
8.30this chapter
8.31
8.32
9.1 Sec. 16. Minnesota Statutes 2012, section 270B.14, subdivision 1, is amended to read:
9.2 Subdivision 1. Disclosure to commissioner of human services. (a) On the request
9.3of the commissioner of human services, the commissioner shall disclose return information
9.4regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to
9.5the extent provided in paragraph (b) and for the purposes set forth in paragraph (c).
9.6 (b) Data that may be disclosed are limited to data relating to the identity,
9.7whereabouts, employment, income, and property of a person owing or alleged to be owing
9.8an obligation of child support.
9.9 (c) The commissioner of human services may request data only for the purposes of
9.10carrying out the child support enforcement program and to assist in the location of parents
9.11who have, or appear to have, deserted their children. Data received may be used only
9.12as set forth in section
9.13 (d) The commissioner shall provide the records and information necessary to
9.14administer the supplemental housing allowance to the commissioner of human services.
9.15 (e) At the request of the commissioner of human services, the commissioner of
9.16revenue shall electronically match the Social Security numbers and names of participants
9.17in the telephone assistance plan operated under sections
9.18those of property tax refund filers, and determine whether each participant's household
9.19income is within the eligibility standards for the telephone assistance plan.
9.20 (f) The commissioner may provide records and information collected under sections
9.22Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law
9.23102-234. Upon the written agreement by the United States Department of Health and
9.24Human Services to maintain the confidentiality of the data, the commissioner may provide
9.25records and information collected under sections
9.26Medicare and Medicaid Services section of the United States Department of Health and
9.27Human Services for purposes of meeting federal reporting requirements.
9.28 (g) The commissioner may provide records and information to the commissioner of
9.29human services as necessary to administer the early refund of refundable tax credits.
9.30 (h) The commissioner may disclose information to the commissioner of human
9.31services necessary to verify income for eligibility and premium payment under the
9.32MinnesotaCare program, under section
9.33 (i) The commissioner may disclose information to the commissioner of human
9.34services necessary to verify whether applicants or recipients for the Minnesota family
9.35investment program, general assistance, food support, Minnesota supplemental aid
10.1program, and child care assistance have claimed refundable tax credits under chapter 290
10.2and the property tax refund under chapter 290A, and the amounts of the credits.
10.3 (j) The commissioner may disclose information to the commissioner of human
10.4services necessary to verify income for purposes of calculating parental contribution
10.5amounts under section
10.6 Sec. 17. REPEALER.
10.7Minnesota Statutes 2012, sections 237.068; 237.16, subdivisions 10, 11, and 13;
10.8237.18; 237.33; 237.34; 237.35; 237.36; 237.37; 237.38; 237.39; 237.40; 237.44; 237.45;
10.9237.47; 237.67; 237.711; and 237.80, subdivision 1, are repealed.
