Bill Text: MN SF2080 | 2011-2012 | 87th Legislature | Introduced

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Bill Title: Telecommunications regulations streamlining, duties transfer to the public utilities commission, and appropriations

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-02-23 - Referred to Energy, Utilities and Telecommunications [SF2080 Detail]

Download: Minnesota-2011-SF2080-Introduced.html

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A bill for an act

relating to telecommunications; streamlining telecommunications regulations;
modifying and updating civil penalties, rate regulations, regulatory requirements;
and technical provisions; appropriating money;proposing coding for new law as
Minnesota Statutes, chapter 237A; repealing Minnesota Statutes 2010, sections
237.01, subdivisions 1, 3, 4, 6, 7, 8; 237.011; 237.012; 237.02; 237.03; 237.035;
237.036; 237.04; 237.05; 237.06; 237.065; 237.066; 237.067; 237.068; 237.069;
237.07; 237.071; 237.072; 237.075, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11;
237.076; 237.081, subdivisions 1, 1a, 2, 4, 5; 237.082; 237.09; 237.10; 237.101;
237.11; 237.115; 237.12; 237.121; 237.14; 237.15; 237.155; 237.16, subdivisions
1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; 237.162; 237.163; 237.164; 237.17; 237.18;
237.19; 237.20; 237.21; 237.22; 237.23; 237.231; 237.24; 237.25; 237.26;
237.27; 237.28; 237.295; 237.30; 237.33; 237.34; 237.35; 237.36; 237.37;
237.38; 237.39; 237.40; 237.411; 237.414; 237.435; 237.44; 237.45; 237.46;
237.461, subdivisions 1, 2, 4; 237.47; 237.49; 237.491; 237.50, subdivisions 1,
3, 4, 4a, 5, 6, 6a, 7, 8, 9, 10, 11; 237.51, subdivisions 1, 5, 5a; 237.52; 237.53,
subdivisions 1, 2, 3, 4, 5, 6, 7; 237.54, subdivision 2; 237.55; 237.56; 237.57;
237.59, subdivisions 1, 1a, 2, 3, 4, 5, 6, 8, 9, 10; 237.60, subdivisions 3, 4; 237.61;
237.626; 237.64; 237.66, subdivisions 1, 1a, 1c, 1d, 2, 2a, 3; 237.661; 237.662;
237.663; 237.665; 237.67; 237.681; 237.69, subdivisions 1, 5, 11, 12, 13, 14,
15, 16, 17; 237.70, subdivisions 1, 2, 3, 4a, 5, 6, 7; 237.701; 237.71; 237.711;
237.73; 237.74; 237.75; 237.76; 237.761; 237.762; 237.763; 237.764; 237.765;
237.766; 237.767; 237.768; 237.769; 237.770; 237.771; 237.772; 237.773,
subdivisions 1, 2, 3, 4; 237.774; 237.775; 237.79; 237.80; 237.81; 237.82;
237.83; Minnesota Rules, parts 7810.3200; 7810.3300; 7810.4100; 7810.4300;
7810.4900; 7810.5000; 7810.5100; 7810.5200; 7810.5300; 7810.5400;
7810.5500; 7810.5800; 7810.5900; 7810.6000; 7810.6100; 7810.6400;
7810.6600; 7810.6700; 7810.6800; 7810.8600; 7810.8605; 7810.8610;
7810.8615; 7810.8620; 7810.8625, subparts 1, 2, 3, 4, 6; 7810.8630, subparts 1,
2, 3, 4, 5, 7, 8, 9, 10; 7810.8635; 7810.8640; 7810.8645; 7810.8650; 7810.8655;
7810.8660; 7810.8665; 7810.8670; 7810.8675; 7810.8680; 7810.8685;
7810.8690; 7810.8700; 7810.8705; 7810.8710; 7810.8715; 7810.8720;
7810.8725; 7810.8730; 7810.8735; 7810.8805; 7810.8810; 7810.8815.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. [237A.01] DEFINITIONS.
    Subdivision 1. Generally. For purposes of this chapter, the following terms have
the meanings given.
    Subd. 2. Interconnected Voice over Internet Protocol Services (VoIP).
"Interconnected Voice over Internet Protocol Services" or "VoIP" means a service that:
(1) enables real-time, two-way voice communications;
(2) requires a broadband connection from the user's location;
(3) requires Internet protocol-compatible customer premises equipment (CPE); and
(4) permits users generally to receive calls that originate on the public switched
telephone network and to terminate calls to the public switched telephone network.
    Subd. 3. Commercial mobile service. "Commercial mobile service" means a
service as defined in United States Code, title 47, section 332(d)(1).
    Subd. 4. Basic telecommunications service. (a) "Basic telecommunications
service" means retail, stand-alone residential telephone exchange service that is:
(1) wireline-telecommunications service provided to and purchased by a residential
end user;
(2) not part of a package of features, services, or products;
(3) not part of a customer-specific contract; and
(4) not sold in a promotion or otherwise offered at a discounted price.
(b) Basic telecommunications service includes each of the following:
(1) voice-grade access to the public switched telephone network;
(2) dual-tone multifrequency signaling and single-party telecommunications service;
(3) access to:
(i) emergency services, including 911 and enhanced 911 where available;
(ii) local operator services;
(iii) local directory assistance;
(iv) telephone relay services; and
(v) interexchange service, regardless of the interexchange carrier selected; and
(4) toll service blocking.
    Subd. 5. Commission. "Commission" means the Public Utilities Commission.
    Subd. 6. Competitive local exchange carrier or CLEC. "Competitive local
exchange carrier" or "CLEC" means a local exchange carrier who was granted a certificate
of authority to provide service after February 8, 1996.
    Subd. 7. Eligible telecommunications carrier. "Eligible telecommunications
carrier" or "ETC" means a common carrier designated as an eligible telecommunications
carrier to receive universal service support in accordance with United States Code, title
254.
    Subd. 8. End user. "End user" means a retail customer of a telecommunications
provider.
    Subd. 9. Exchange access. "Exchange access" means the offering of switched
access to telephone exchange services or facilities for the purpose of the origination or
termination of telephone toll services within the state.
    Subd. 10. Incumbent local exchange carrier or ILEC. "Incumbent local exchange
carrier" or "ILEC" means a local exchange carrier who was granted a certificate of
authority to provide service before February 8, 1996, including any successors or assigns
of the carrier that provides wireline telephone exchange service.
    Subd. 11. Interexchange carrier. "Interexchange carrier" means a provider of
interexchange services.
    Subd. 12. Interexchange service. "Interexchange service" means the access and
transmission of communications between two or more local exchange areas, except
for two-way switched communications between local exchanges that are grouped for
extended area service.
    Subd. 13. InterLATA. "InterLATA" means telecommunications between a point
located in a local access and transport area and a point located outside that area.
    Subd. 14. IntraLATA. "IntraLATA" means telecommunications between a point
located in a local access and transport area and a point located inside that area.
    Subd. 15. Intrastate access service. "Intrastate access service" means exchange
access services and special access services within the state.
    Subd. 16. Local access and transport area or LATA. "Local access and transport
area" or "LATA" has the meaning given it in United States Code, title 47, section 153,
paragraph (25).
    Subd. 17. Local exchange carrier or LEC. "Local exchange carrier" or "LEC"
means any person that is engaged in the provision of telephone exchange service or
exchange access and includes competitive local exchange carriers and incumbent local
exchange carriers.
    Subd. 18. Nonbasic telecommunications service. "Nonbasic telecommunications
service" means all retail telecommunications services that are not defined as basic
telecommunications service, including any telecommunication services that are not
commercially available on the effective date of this chapter.
    Subd. 19. Person. "Person" includes a natural person, individual, trustee,
partnership, joint venture, joint-stock company, trust, organization, municipality,
association, limited liability company, corporation, cooperative, or other legal or
commercial entity.
    Subd. 20. Regulated services. "Regulated services" are basic residential services,
instrastate-interexchange services, and intrastate switched access services.
    Subd. 21. Retail telecommunications service. "Retail telecommunications service"
means basic telecommunications service and nonbasic telecommunications service offered
by a telecommunications provider to its end users.
    Subd. 22. Telecommunications. "Telecommunications" means the transmission,
between or among points specified by the user, of information of the user's choosing,
without change in the form or content of the information as sent and received.
    Subd. 23. Telecommunications service. "Telecommunications service" means the
offering of telecommunications for a fee directly to the public, or to such classes of users
as to be effectively available directly to the public, regardless of the facilities used.
    Subd. 24. Telecommunications provider. "Telecommunications provider" means
a person or entity that offers any telecommunications service as defined in this chapter,
including local exchange carriers and interexchange services.
    Subd. 25. Telephone exchange service. "Telephone exchange service" means:
(1) service within a telephone exchange, or within a connected system of
telephone exchanges within the same exchange area operated to furnish to subscribers
intercommunicating service of the character ordinarily furnished by a single exchange,
and which is covered by the exchange service charge; or
(2) comparable service provided through a system of switches, transmission
equipment, or other facilities, or combination thereof, by which a subscriber can originate
and terminate a telecommunications service.
    Subd. 26. Wholesale telecommunications service. "Wholesale telecommunications
service" means:
(1) any telecommunications service offered under an interconnection agreement
between an ILEC and a CLEC pursuant to sections 251 and 252 of the 1996 Act; or
(2) intrastate access service.
    Subd. 27. 1996 Act. "1996 Act" means the federal Telecommunications Act of
1996, Public Law 104-104, United States Code, title 47, section 151 et seq.

    Sec. 2. [237A.02] TELECOMMUNICATIONS GOALS.
The following are state goals that should be considered as the commission executes
its regulatory duties with respect to telecommunication services:
(1) supporting universal service;
(2) maintaining just and reasonable rates;
(3) encouraging economically efficient deployment of infrastructure for higher speed
telecommunication services and greater capacity for voice, video, and data transmission;
(4) encouraging fair and reasonable competition for local exchange telephone
service in a competitively neutral regulatory manner;
(5) maintaining or improving quality of service;
(6) promoting customer choice;
(7) ensuring consumer protections are maintained in the transition to a competitive
market for local telecommunications service; and
(8) encouraging voluntary resolution of issues between and among competing
providers and discouraging litigation.

    Sec. 3. [237A.03] BROADBAND GOALS.
    Subdivision 1. Universal access and high-speed goal. It is a goal of the state of
Minnesota that as soon as possible, but no later than 2015, all state residents and businesses
have access to high-speed broadband that provides minimum download speeds of ten to
20 megabits per second and minimum upload speeds of five to ten megabits per second.
    Subd. 2. State broadband leadership position. It is a goal of the state of Minnesota
that by 2015 and thereafter, the state be in:
(1) the top five states of the United States for broadband speed universally accessible
to residents and businesses;
(2) the top five states for broadband access; and
(3) the top 15 when compared to countries globally for broadband penetration.
    Subd. 3. Annual reports. The MPUC must annually, by February 10, report on the
achievement of the goals under subdivisions 1 and 2 to the chairs and ranking minority
members of the legislative committees with primary jurisdiction over telecommunication
issues. The report on goals under subdivision 1 must be made through 2015.

    Sec. 4. [237A.04] JURISDICTION OF COMMISSION, DEPARTMENT, AND
ATTORNEY GENERAL.
    Subdivision 1. Commission jurisdiction under this chapter. (a) Notwithstanding
any other provision of this chapter, the commission may exercise all authority expressly
granted to it by Minnesota or federal law, and all authority expressly delegated to
the commission by the Federal Communications Commission, with respect to any
telecommunications provider concerning:
(1) wholesale telecommunications services in Minnesota, by means of the
arbitration, approval, and enforcement of interconnection agreements in accordance with,
and subject to, sections 251 and 252 of the 1996 Act;
(2) the terms, conditions, rates, and charges applicable to intrastate access service
within Minnesota;
(3) basic telecommunications services;
(4) the telecommunications access Minnesota (TAM) program and Minnesota
telephone assistance program (TAP);
(5) administration of dialing codes and numbering issues under Minnesota or federal
law;
(6) designation of eligible telecommunications carriers under United States Code,
title 47, section 214, and administration of state or federal universal service or high-cost
funds; and
(7) the annual reporting of jurisdictional revenues by telecommunications service
providers and advanced services providers for the purpose of assessments under section
237A.36.
(b) The commission does not have jurisdiction or authority for entities who have
elected to be subject to chapter 237A, beyond the authority expressly granted in this
chapter, including but not limited to, rates and charges, terms and conditions of service,
filing of schedules or tariffs, market entry or exit, depreciation requirements, quality of
service, long-term financing arrangements or other obligations, asset sales, mergers or
acquisitions, or any other matter that was within the jurisdiction of the commission before
the effective date of this section.
    Subd. 2. Department of Commerce authority. Except for the authority expressly
delegated to it in this chapter, the Department of Commerce does not have oversight over,
or authority with respect to, any of the matters governed by this chapter.

    Sec. 5. [237A.05] WIRE CROSSING OR PARALLELING UTILITY LINE;
RULES.
(a) The commission shall determine and promulgate reasonable rules covering the
maintenance and operation, also the nature, location, and character of the construction to
be used, where telephone, telegraph, electric light, power, or other electric wires of any
kind, or any natural gas pipelines, cross, or more or less parallel the lines of any railroad,
or any other similar public service corporation; and, to this end, shall formulate and from
time to time, issue general rules covering each class of construction, maintenance, and
operation of such telephone, telegraph, telecommunications, cable, fiber optic, electric
wire, or natural gas pipeline crossing, or paralleling, under the various conditions existing;
and the commission, upon the complaint of any person, railroad, municipal utility,
cooperative electric association, telephone company, telecommunications carrier, cable
company, fiber optic carrier, or other public utility claiming to be injuriously affected
or subjected to hazard by any such crossing or paralleling lines constructed or about
to be constructed, shall, after a hearing, make such order and prescribe such terms and
conditions for the construction, maintenance, and operation of the lines in question
as may be just and reasonable.
(b) The commission may, upon request of any municipal utility, electric cooperative
association, public utility, telephone company, telecommunications carrier, cable company,
or fiber optic carrier, determine the just and reasonable charge which a railroad, or
owner of an abandoned railroad right-of-way, other than the state or a regional railroad
authority, can prescribe for a new or existing crossing of a railroad right-of-way by any
telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas line, or new
or existing telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas
line more or less paralleling a railroad right-of-way, based on the diminution in value
caused by the crossing or paralleling of the right-of-way by the telephone, telegraph,
telecommunications, cable, fiber optic, electric, or gas line. This section shall not be
construed to eliminate the right of a public utility, municipal utility, or electric cooperative
association to have any of the foregoing issues determined pursuant to an eminent domain
proceeding commenced under chapter 117. Unless the railroad, or owner of an abandoned
railroad right-of-way, other than the state or a regional railroad authority, asserts in writing
that the proposed crossing or paralleling is a serious threat to the safe operations of the
railroad or to the current use of the railroad right-of-way, a crossing can be constructed
following filing of the requested action with the commission, pending review of the
requested action by the commission.
(c) The commission shall assess the cost of reviewing the requested action, and of
determining a just and reasonable charge, equally among the parties.
(d) For the purposes of this section, "parallel" or "paralleling" means that the
relevant utility facilities run adjacent to and alongside the lines of a railroad for no more
than one mile, or another distance agreed to by the parties, before the utility facilities cross
the railroad lines, terminate, or exit the railroad right-of-way.

    Sec. 6. [237A.06] ALTERNATIVE REGULATION PLANS TERMINATED.
On the effective date of the election of a local exchange carrier, any alternative
regulation plan entered into pursuant to Minnesota Statutes 2010, chapter 237,
automatically terminates in its entirety with respect to all services subject to the plan
and has no force or effect.

    Sec. 7. [237A.07] WHOLESALE TELECOMMUNICATIONS SERVICES.
    Subdivision 1. Authority generally. With respect to wholesale telecommunications
services under this chapter, the commission has the authority set forth in this section.
    Subd. 2. Interconnection. With respect to interconnection between incumbent local
exchange carriers and competitive local exchange carriers:
(a) In imposing any requirements on incumbent local exchange carriers, concerning
interconnection with the facilities and equipment of other local exchange carriers, the
resale of telecommunications service, or unbundled access to network elements of an
incumbent local exchange carrier for purposes of section 251, subsection (c), of the 1996
Act, the commission shall act in accordance with, and shall not exceed the authority
delegated to the commission under, applicable federal laws and regulations including,
without limitation, sections 251 and 252 of the 1996 Act.
(b) Subject to any regulations that may be adopted by the Federal Communications
Commission, this chapter does not limit or otherwise affect the commission's authority:
(1) to mediate or arbitrate disputes involving local exchange carriers in accordance
with sections 251 and 252 of the 1996 Act; or
(2) to approve an interconnection agreement or an incumbent local exchange
carrier's statement of terms and conditions under section 252 of the 1996 Act.

    Sec. 8. [237A.08] SCHEDULES, TARIFFS, AND INDIVIDUAL CONTRACTS.
    Subdivision 1. Filing requirements. Except as set forth in this section,
telecommunications providers are not required to maintain or file any schedule, tariff,
contract, or agreement with the commission.
    Subd. 2. General provisions applicable to all tariffs. Any tariff filed with the
commission in accordance with this chapter must include all terms, conditions, rates, and
charges that apply to the services specified in the tariff.
    Subd. 3. Required tariff. (a) The telecommunications services described in
this subdivision require the filing of a tariff. Any tariff required to be filed under this
subdivision must be referred to as a required tariff.
(b) Any local exchange carrier that offers intrastate access services shall maintain on
file with the commission a tariff containing the terms, conditions, rates, and charges that
the local exchange carrier has established for such intrastate access services.
(c) Every local exchange carrier that provides basic telecommunications service
shall maintain on file with the commission a tariff containing the terms, conditions, rates,
and charges for that service.
(d) Subject to any applicable notice to end users required by this chapter, a required
tariff becomes effective 30 days after it is filed with the commission.
(e) A person who objects to a required tariff shall file an objection with the
commission within 20 days of the filing of the required tariff. The objection shall state
the legal and factual grounds for the objection and all evidence offered in support of the
objection. The person filing the required tariff may reply to the objection within five
days of the filing of the objection.
(f) The commission shall review the required tariff, the objection, and the reply
within 60 days of the filing of the required tariff and shall issue an order approving the
required tariff or order that a contested case hearing be conducted under chapter 14.
    Subd. 4. Individual contracts permitted; no filing requirement. Notwithstanding
any other provision of this chapter, a telecommunications provider may enter into an
individual contract for providing retail or wholesale telecommunications services, except
for intrastate switched access services. The contract may include, without limitation,
services that are subject to a tariff filed under this section that includes terms, conditions,
rates, and changes that are different from those in the telecommunications provider's
tariff. Except as required by federal or state law, any individual contract is not subject
to any filing or notice requirement including, without limitation, a requirement that the
contract be filed with the commission.

    Sec. 9. [237A.09] CERTIFICATION, REGISTRATION, AND MAPPING.
    Subdivision 1. Application for certificate of authority; fee. (a) Before a
telecommunications provider may offer regulated services to end users in Minnesota, the
telecommunications provider must receive a certificate of authority from the commission.
The commission shall issue a certificate of authority within 30 days after receipt of a
completed application. A telecommunications provider seeking a certificate of authority
under this chapter shall submit an application on a form prescribed by the commission. The
form must require the telecommunications provider to provide the following information:
(1) the legal name of the telecommunications provider and any name under which
the telecommunications provider does or will do business in Minnesota, as authorized
by the secretary of state;
(2) a certification from the secretary of state authorizing the telecommunications
provider to do business in Minnesota;
(3) the address and telephone number of the telecommunications provider, along
with contact information for the person responsible for ongoing communications with
the commission;
(4) the legal name, address, and telephone number of the parent company of the
telecommunications provider, if any;
(5) a description of each service area in Minnesota in which the telecommunications
provider proposes to offer telecommunications service;
(6) a list of other states in which the telecommunications provider offers
telecommunications service, including the type of telecommunications service offered; and
(7) information demonstrating the financial, managerial, and technical ability of the
telecommunications provider to provide telecommunications service in Minnesota.
(b) At the time of filing an application under this section, the commission may
collect a filing fee from the applicant, not to exceed $300.
    Subd. 2. Interconnected VoIP provider registration. (a) Interconnected VoIP
providers shall register with the commission within 60 days after beginning operation by
submitting a registration form. The form must require the interconnected VoIP service
provider to provide the following information:
(1) the legal name of the interconnected VoIP provider and any name under which it
does or will do business in Minnesota, as authorized by the secretary of state;
(2) a certification from the secretary of state authorizing the interconnected VoIP
provider to do business in Minnesota;
(3) the address and telephone number of the interconnected VoIP provider, along
with contact information for the person responsible for ongoing communications with
the commission; and
(4) a description of the services being provided by the interconnected VoIP provider
in Minnesota.
(b) The registration requirement in paragraph (a) does not apply to any
interconnected VoIP provider that:
(1) is also a telecommunications provider; and
(2) has received a certificate of authority from the commission under this chapter.
    Subd. 3. Map. Every local exchange carrier authorized to provide telephone
exchange service under this chapter shall file and maintain a territorial map.
    Subd. 4. Compensation. Telephone companies providing long-distance telephone
services shall pay compensation to telephone companies providing local telephone
services that includes a fair and reasonable portion of:
(1) the costs of local exchange facilities used in connection with long-distance
telephone services, including facilities connecting a customer to local switching facilities;
and
(2) the common costs of companies providing local telephone services.
    Subd. 5. Discontinuance. (a) In the event that an interexchange carrier fails to pay
full compensation to a local exchange carrier and a valid dispute has not been registered
between the companies, the local exchange carrier may discontinue accepting traffic
from that interexchange carrier if the local exchange carrier provides notice of intent to
disconnect the interexchange carrier to the commission.
(b) Any person objecting to the discontinuance must file an objection with the
commission within 20 days.
(c) The commission will investigate and ascertain whether public convenience
requires continued service to the interexchange carrier and if the commission so finds,
the commission shall fix the compensation, terms, and conditions of the continuance of
service between the companies.
(d) Unless the commission issues an order upholding the objection within 30 days
of its filing, it will be deemed overruled.
    Subd. 6. Price for interconnection or network element. For telephone companies
with more than 50,000 access lines, the prices for interconnection or network elements to
be established by the commission in any pending or future proceeding shall be based on a
forward-looking economic cost methodology which shall include, but is not limited to,
consideration of the following:
(1) the use of the most efficient telecommunications technology currently available
and the least cost network configuration, given the existing location of the incumbent
telephone company's wire centers;
(2) forward-looking depreciation rates;
(3) a reasonable allocation of forward-looking joint and common costs;
(4) forward-looking cost of capital; and
(5) Minnesota tax rates, and where applicable, Minnesota facility placement
requirements, Minnesota topography, and Minnesota climate.

    Sec. 10. [237A.10] LOCAL EXCHANGE COMPETITION, RULES.
    Subdivision 1. Universal service fund. The commission shall establish and
require contributions to a universal service fund, to be supported by all providers of
telecommunications services, including, but not limited to, ILECs, CLECs, interexchange
carriers, municipal telephone companies, Internet protocol-enabled service providers,
interconnected VoIP providers, telecommunications carriers, radio common carriers,
personal communication service providers, and cellular carriers.
    Subd. 2. Services included in fund. Services that should be considered as services
on which universal service fund contributions will be calculated include, at a minimum,
the revenue received from providing: telephone exchange service; telecommunications
service; advanced services including video telecommunications but not other video
services; Internet protocol-enabled services including video telecommunications but not
other video services; intrastate interexchange service; and intrastate access service.
    Subd. 3. Fund administration. The fund must be administered and distributed
in accordance with rules adopted by the commission and in accordance with the cost
calculations developed by the Federal Communications Commission in CAF Phase II
model. The fund must be designed to preserve the availability of universal service and to
enhance the deployment of broadband services throughout the state. Support distributed
from any state universal service fund will be based on the cost of providing universal
service and broadband service in a targeted geographic area, such as an exchange or
wire center. Any state universal service fund must be coordinated with any federal
universal service fund and be consistent with section 245(b)(1) to (5) of the federal
Telecommunications Act of 1996, Public Law 104-104.

    Sec. 11. [237A.11] ANNUAL UNIVERSAL SERVICE FUNDING
CERTIFICATION.
In determining whether to provide the annual certification of any eligible
telecommunications carrier for continued receipt of federal universal service funding, the
commission shall apply the same standards and criteria to all eligible telecommunications
carriers, as those standards and criteria are set by the Federal Communications
Commission.

    Sec. 12. [237A.12] PUBLIC RIGHT-OF-WAY; DEFINITIONS.
    Subdivision 1. Generally. The terms used in this section and section 237A.13 have
the meanings given to them in this section.
    Subd. 2. Local government unit. "Local government unit" means a county, home
rule charter or statutory city, or town.
    Subd. 3. Public right-of-way. "Public right-of-way" means the area on, below, or
above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in
which the local government unit has an interest, including other dedicated rights-of-way
for travel purposes and utility easements of local government units.
A public right-of-way does not include the airwaves above a public right-of-way
with regard to cellular or other nonwire telecommunications or broadcast service.
    Subd. 4. Telecommunications right-of-way user. "Telecommunications
right-of-way user" means a person owning or controlling a facility in the public
right-of-way, or seeking to own or control a facility in the public right-of-way, that is
used or is intended to be used for transporting telecommunications or other voice or data
information. A cable communication system defined and regulated under chapter 238, and
telecommunications activities related to providing natural gas or electric energy services,
whether provided by a public utility as defined in section 216B.02, a municipality, a
municipal gas or power agency organized under chapter 453 or 453A, or a cooperative
electric association organized under chapter 308A, are not telecommunications
right-of-way users for the purposes of this section and section 237A.13.
    Subd. 5. Excavate. "Excavate" means to dig into or in any way remove, physically
disturb, or penetrate a part of a public right-of-way.
    Subd. 6. Obstruct. "Obstruct" means to place a tangible object in a public
right-of-way so as to hinder free and open passage over that or any part of the right-of-way.
    Subd. 7. Right-of-way permit. "Right-of-way permit" means a permit to perform
work in a public right-of-way, whether to excavate or obstruct the right-of-way.
    Subd. 8. Manage the public right-of-way. "Manage the public right-of-way"
means the authority of a local government unit to do any or all of the following:
(1) require registration;
(2) require construction performance bonds and insurance coverage;
(3) establish installation and construction standards;
(4) establish and define location and relocation requirements for equipment and
facilities;
(5) establish coordination and timing requirements;
(6) require telecommunications right-of-way users to submit, for right-of-way
projects commenced after May 10, 1997, whether initiated by a local government unit or
any telecommunications right-of-way user, project data reasonably necessary to allow the
local government unit to develop a right-of-way mapping system, such as a geographical
information mapping system;
(7) require telecommunication right-of-way users to submit, upon request of a local
government unit, existing data on the location of the user's facilities occupying the public
right-of-way within the local government unit. The data may be submitted in the form
maintained by the user and in a reasonable time after receipt of the request based on the
amount of data requested;
(8) establish right-of-way permitting requirements for street excavation and
obstruction;
(9) establish removal requirements for abandoned equipment or facilities, if required
in conjunction with other right-of-way repair, excavation, or construction; and
(10) impose reasonable penalties for unreasonable delays in construction.
    Subd. 9. Management costs or rights-of-way management costs. "Management
costs" or "rights-of-way management costs" means the actual costs a local government unit
incurs in managing its public rights-of-way, and includes such costs, if incurred, as those
associated with registering applicants; issuing, processing, and verifying right-of-way
permit applications; inspecting job sites and restoration projects; maintaining, supporting,
protecting, or moving user equipment during public right-of-way work; determining
the adequacy of right-of-way restoration; restoring work inadequately performed after
providing notice and the opportunity to correct the work; and revoking right-of-way
permits. Management costs do not include payment by a telecommunications right-of-way
user for the use of the public right-of-way, the fees and cost of litigation relating to the
interpretation of this section or section 237A.13 or any ordinance enacted under those
sections, or the local unit of government's fees and costs related to appeals taken pursuant
to section 237A.13, subdivision 5.

    Sec. 13. [237A.13] USE AND REGULATION OF PUBLIC RIGHT-OF-WAY.
    Subdivision 1. Legislative finding. The legislature finds, and establishes the
principle that, it is in the state's interest that the use and regulation of public rights-of-way
be carried on in a fair, efficient, competitively neutral, and substantially uniform manner,
while recognizing such regulation must reflect the distinct engineering, construction,
operation, maintenance and public and worker safety requirements, and standards
applicable to various users of public rights-of-way. Because of the potential for installation
by telecommunication companies of multiple and competing facilities within the public
rights-of-way, the legislature finds it is necessary to enact the provisions of this section
and section 237A.12 to specifically authorize local government units to regulate the use of
public rights-of-way by telecommunications right-of-way users.
    Subd. 2. Generally. (a) Subject to this section, a telecommunications right-of-way
user authorized to do business under the laws of this state or by license of the Federal
Communications Commission may construct, maintain, and operate conduit, cable,
switches, and related appurtenances and facilities along, across, upon, above, and under
any public right-of-way.
(b) Subject to this section, a local government unit has the authority to manage its
public rights-of-way and to recover its rights-of-way management costs. The authority
defined in this section may be exercised at the option of the local government unit. The
exercise of this authority is not mandated under this section. A local government unit
may, by ordinance:
(1) require a telecommunications right-of-way user seeking to excavate or obstruct a
public right-of-way for the purpose of providing telecommunications services to obtain a
right-of-way permit to do so and to impose permit conditions consistent with the local
government unit's management of the right-of-way;
(2) require a telecommunications right-of-way user using, occupying, or seeking
to use or occupy a public right-of-way for the purpose of providing telecommunications
services to register with the local government unit by providing the local government unit
with the following information:
(i) the applicant's name, gopher state one-call registration number under section
216D.03, address, and telephone and facsimile numbers;
(ii) the name, address, and telephone and facsimile numbers of the applicant's local
representative;
(iii) proof of adequate insurance; and
(iv) other information deemed reasonably necessary by the local government unit for
the efficient administration of the public right-of-way; and
(3) require telecommunications right-of-way users to submit to the local government
unit plans for construction and major maintenance that provide reasonable notice to the
local government unit of projects that the telecommunications right-of-way user expects
to undertake that may require excavation and obstruction of public rights-of-way.
(c) A local government unit may also require a telecommunications right-of-way
user that is registered with the local government unit pursuant to paragraph (b), clause (2),
to periodically update the information in its registration application.
    Subd. 3. Restoration. (a) A telecommunications right-of-way user, after an
excavation of a public right-of-way, shall provide for restoration of the right-of-way and
surrounding areas, including the pavement and its foundation, in the same condition that
existed before the excavation. Local government units that choose to perform their own
surface restoration required as a result of the excavation may require telecommunications
right-of-way users to reimburse the reasonable costs of that surface restoration. Restoration
of the public right-of-way must be completed within the dates specified in the right-of-way
permit, unless the permittee obtains a waiver or a new or amended right-of-way permit.
(b) If a telecommunications right-of-way user elects not to restore the public
right-of-way, a local government unit may impose a degradation fee in lieu of restoration
to recover costs associated with a decrease in the useful life of the public right-of-way
caused by the excavation of the right-of-way by a telecommunications right-of-way user.
(c) A telecommunications right-of-way user that disturbs uncultivated sod in the
excavation or obstruction of a public right-of-way shall plant grasses that are native to
Minnesota and, wherever practicable, that are of the local ecotype, as part of the restoration
required under this subdivision, unless the owner of the real property over which the public
right-of-way traverses objects. In restoring the right-of-way, the telecommunications
right-of-way user shall consult with the Department of Natural Resources regarding the
species of native grasses that conform to the requirements of this paragraph.
    Subd. 4. Permit denial or revocation. (a) A local government unit may deny any
application for a right-of-way permit if the telecommunications right-of-way user does not
comply with a provision of this section.
(b) A local government unit may deny an application for a right-of-way permit if the
local government unit determines that the denial is necessary to protect the health, safety,
and welfare or when necessary to protect the public right-of-way and its current use.
(c) A local government unit may revoke a right-of-way permit granted to a
telecommunications right-of-way user, with or without fee refund, in the event of a
substantial breach of the terms and conditions of statute, ordinance, rule, or regulation or
any material condition of the permit. A substantial breach by a permittee includes, but
is not limited to, the following:
(1) a material violation of a provision of the right-of-way permit;
(2) an evasion or attempt to evade any material provision of the right-of-way permit,
or the perpetration or attempt to perpetrate any fraud or deceit upon the local government
unit or its citizens;
(3) a material misrepresentation of fact in the right-of-way permit application;
(4) a failure to complete work in a timely manner, unless a permit extension is
obtained or unless the failure to complete work is due to reasons beyond the permittee's
control; and
(5) a failure to correct, in a timely manner, work that does not conform to applicable
standards, conditions, or codes, upon inspection and notification by the local government
unit of the faulty condition.
(d) Subject to this subdivision, a local government unit may not deny an
application for a right-of-way permit for failure to include a project in a plan submitted
to the local government unit under subdivision 2, paragraph (b), clause (3), when the
telecommunications right-of-way user has used commercially reasonable efforts to
anticipate and plan for the project.
(e) In no event may a local government unit unreasonably withhold approval of an
application for a right-of-way permit, or unreasonably revoke a permit.
    Subd. 5. Appeal. A telecommunications right-of-way user that: (1) has been denied
registration; (2) has been denied a right-of-way permit; (3) has had its right-of-way permit
revoked; or (4) believes that the fees imposed on the user by the local government unit
do not conform to the requirements of subdivision 6, may have the denial, revocation,
or fee imposition reviewed, upon written request, by the governing body of the local
government unit. The governing body of the local government unit shall act on a timely
written request at its next regularly scheduled meeting. A decision by the governing body
affirming the denial, revocation, or fee imposition must be in writing and supported by
written findings establishing the reasonableness of the decision.
    Subd. 6. Fees. (a) A local government unit may recover its right-of-way
management costs by imposing a fee for registration, a fee for each right-of-way permit,
or, when appropriate, a fee applicable to a particular telecommunications right-of-way
user when that user causes the local government unit to incur costs as a result of actions or
inactions of that user. A local government unit may not recover from a telecommunications
right-of-way user costs caused by another entity's activity in the right-of-way.
(b) Fees, or other right-of-way obligations, imposed by a local government unit on
telecommunications right-of-way users under this section must be:
(1) based on the actual costs incurred by the local government unit in managing
the public right-of-way;
(2) based on an allocation among all users of the public right-of-way, including the
local government unit itself, which shall reflect the proportionate costs imposed on the
local government unit by each of the various types of uses of the public rights-of-way;
(3) imposed on a competitively neutral basis; and
(4) imposed in a manner so that aboveground uses of public rights-of-way do not
bear costs incurred by the local government unit to regulate underground uses of public
rights-of-way.
(c) The rights, duties, and obligations regarding the use of the public right-of-way
imposed under this section must be applied to all users of the public right-of-way,
including the local government unit while recognizing regulation must reflect the
distinct engineering, construction, operation, maintenance and public and worker safety
requirements, and standards applicable to various users of the public rights-of-way.
For users subject to the franchising authority of a local government unit, to the extent
those rights, duties, and obligations are addressed in the terms of an applicable franchise
agreement, the terms of the franchise shall prevail over any conflicting provision in an
ordinance.
    Subd. 7. Additional right-of-way provisions. (a) In managing the public
rights-of-way and in imposing fees under this section, no local government unit may:
(1) unlawfully discriminate among telecommunications right-of-way users;
(2) grant a preference to any telecommunications right-of-way user;
(3) create or erect any unreasonable requirement for entry to the public rights-of-way
by telecommunications right-of-way users; or
(4) require a telecommunications right-of-way user to obtain a franchise or pay
for the use of the right-of-way.
(b) A telecommunications right-of-way user need not apply for or obtain
right-of-way permits for facilities that are located in public rights-of-way on May 10,
1997, for which the user has obtained the required consent of the local government
unit, or that are otherwise lawfully occupying the public right-of-way. However, the
telecommunications right-of-way user may be required to register and to obtain a
right-of-way permit for an excavation or obstruction of existing facilities within the public
right-of-way after May 10, 1997.
(c) Data and documents exchanged between a local government unit and a
telecommunications right-of-way user are subject to the terms of chapter 13. A local
government unit not complying with this paragraph is subject to the penalties set forth in
section 13.08.
(d) A local government unit may not collect a fee imposed under this section through
the provision of in-kind services by a telecommunications right-of-way user, nor may a
local government unit require the provision of in-kind services as a condition of consent to
use the local government unit's public right-of-way.
    Subd. 8. Uniform statewide standards. (a) To ensure the safe and convenient use
of public rights-of-way in the state, the Public Utilities Commission shall develop and
adopt by June 1, 1999, statewide construction standards for the purposes of achieving
substantial statewide uniformity in construction standards where appropriate, providing
competitive neutrality among telecommunications right-of-way users, and permitting
efficient use of technology. The standards shall govern:
(1) the terms and conditions of right-of-way construction, excavation, maintenance,
and repair; and
(2) the terms and conditions under which telecommunications facilities and
equipment are placed in the public right-of-way.
(b) The Public Utilities Commission is authorized to review, upon complaint by
an aggrieved telecommunications right-of-way user, a decision or regulation by a local
government unit that is alleged to violate a statewide standard.
(c) A local unit of government may not adopt an ordinance or other regulation
that conflicts with a standard adopted by the commission for the purposes described in
paragraph (a).

    Sec. 14. [237A.14] COMBINED LOCAL ACCESS SURCHARGE.
    Subdivision 1. Local exchange carriers. Each local exchange carrier shall collect
from each subscriber an amount per telephone access line representing the total of the
surcharges required under sections 237A.18, 237A.29, and 403.11. Amounts collected
must be remitted to the commissioner of public safety in the manner prescribed in section
403.11. The commissioner of public safety shall divide the amounts received and deposit
them in the appropriate accounts. The commissioner of public safety may recover from
the agencies receiving the surcharges the personnel and administrative costs to collect and
distribute the surcharge. A carrier or the billing agent for a carrier shall list the surcharges
as one amount on a billing statement sent to a subscriber.
    Subd. 2. Interconnected Voice over Internet Protocol (VoIP) providers.
Interconnected VoIP providers shall collect from each end user an amount per Minnesota
telephone number assigned to end user's account representing the total of the surcharges
required under sections 237A.18, 237A.29, and 403.11. Amounts collected must be
remitted to the commissioner of public safety in the manner prescribed in section 403.11.
The commissioner of public safety shall divide the amounts received and deposit them
in the appropriate accounts. The commissioner of public safety may recover from the
agencies receiving the surcharges the personnel and administrative costs to collect and
distribute the surcharge. An interconnected VoIP provider or its billing agent shall list the
surcharges as one amount on a billing statement sent to a subscriber.

    Sec. 15. [237A.15] COMBINED PER NUMBER FEE.
    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
section.
(b) "911 emergency and public safety communications program" means the program
governed by chapter 403.
(c) "Minnesota telephone number" means a ten-digit telephone number being used
to connect to the public switched telephone network and starting with area code 218, 320,
507, 612, 651, 763, or 952, or any subsequent area code assigned to this state.
(d) "Service provider" means a provider doing business in this state who provides
real-time, two-way voice service with a Minnesota telephone number.
(e) "Telecommunications access Minnesota program" means the program governed
by sections 237A.16 to 237A.21.
(f) "Telephone assistance program" means the program governed by sections
237A.28 to 237A.30.
    Subd. 2. Per number fee. (a) Annually, the commission will set the fee at a level
calculated to generate only the amount of revenue necessary to fund:
(1) the telephone assistance program and the telecommunications access Minnesota
program at the levels established by the commission under sections 237A.18, subdivision
2, and 237A.29; and
(2) the 911 emergency and public safety communications program at the levels
appropriated by law to the commissioner of public safety and the commissioner of
management and budget for purposes of sections 403.11, 403.113, 403.27, 403.30, and
403.31 for each fiscal year.
(b) The recommendations must include any changes to Minnesota Statutes necessary
to establish the procedures whereby each service provider, to the extent allowed under
federal law, would collect and remit the fee proceeds to the commissioner of revenue. The
commissioner of revenue would allocate the fee proceeds to the three funding areas in
paragraph (a) and credit the allocations to the appropriate accounts.
(c) The per access line fee used to collect revenues to support the TAP, TAM, and
911 programs remains in effect until the statutory changes necessary to implement the per
telephone number fee have been enacted into law and taken effect.
(d) As part of the process of developing the surcharge amount required under
paragraph (a), the commission must, at a minimum, consult regularly with the Departments
of Public Safety, Management and Budget, and Administration; service providers;
the chairs and ranking minority members of the senate and house of representatives
committees; subcommittees; and divisions having jurisdiction over telecommunications
and public safety; and other affected parties.

    Sec. 16. [237A.16] DEFINITIONS.
    Subdivision 1. Scope. The terms used in sections 237A.16 to 237A.22 have the
meanings given them in this section.
    Subd. 2. Communication device. "Communication device" means a device that
when connected to a telephone enables a communication-impaired person to communicate
with another person utilizing the telephone system. A communication device includes a
ring signaler, an amplification device, a telephone device for the deaf, a Brailling device
for use with a telephone, and any other device the Department of Human Services deems
necessary.
    Subd. 3. Communication impaired. "Communication impaired" means certified
as deaf, severely hearing impaired, hard-of-hearing, speech impaired, deaf and blind, or
mobility impaired if the mobility impairment significantly impedes the ability to use
standard customer premises equipment.
    Subd. 4. Deaf. "Deaf" means a hearing impairment of such severity that the
individual must depend primarily upon visual communication such as writing, lip reading,
manual communication, and gestures.
    Subd. 5. Fund. "Fund" means the telecommunications access Minnesota fund
established in section 237A.18.
    Subd. 6. Hard-of-hearing. "Hard-of-hearing" means a hearing impairment
resulting in a functional loss, but not to the extent that the individual must depend
primarily upon visual communication.
    Subd. 7. Telecommunication relay service. "Telecommunication relay
service" means a central statewide service through which a communication-impaired
person, using a communication device, may send and receive messages to and from
a non-communication-impaired person whose telephone is not equipped with a
communication device and through which a non-communication-impaired person
may, by using voice communication, send and receive messages to and from a
communication-impaired person.

    Sec. 17. [237A.17] TELECOMMUNICATIONS ACCESS MINNESOTA
PROGRAM ADMINISTRATION.
    Subdivision 1. Creation. The commission shall:
(1) administer through interagency agreement with the commissioner
of human services a program to distribute communication devices to eligible
communication-impaired persons; and
(2) contract with a qualified vendor that serves communication-impaired persons
to create and maintain a telecommunication relay service.
For purposes of sections 237A.17 to 237A.22, the commission and any organization with
which it contracts pursuant to this section or section 237A.20 are not telephone companies
or telecommunications carriers as defined in section 237A.01.
    Subd. 2. Duties of commission. In addition to any duties specified elsewhere in
sections 237A.17 to 237A.22, the commission shall:
(1) prepare the reports required by section 237A.21; and
(2) administer the fund created in section 237A.18.
    Subd. 3. Department of Human Services duties. (a) In addition to any duties
specified elsewhere in sections 237A.17 to 237A.22, the commissioner of human services
shall:
(1) define economic hardship, special needs, and household criteria so as to
determine the priority of eligible applicants for initial distribution of devices and to
determine circumstances necessitating provision of more than one communication device
per household;
(2) establish a method to verify eligibility requirements;
(3) establish specifications for communication devices to be purchased under section
237A.19, subdivision 3; and
(4) inform the public and specifically the community of communication-impaired
persons of the program.
(b) The commissioner may establish an advisory board to advise the department
in carrying out the duties specified in this section and to advise the commissioner of
commerce in carrying out duties under section 237A.20. If so established, the advisory
board must include, at a minimum, the following communication-impaired persons:
(1) at least one member who is deaf;
(2) at least one member who is speech impaired;
(3) at least one member who is mobility impaired; and
(4) at least one member who is hard-of-hearing.
The membership terms, compensation, and removal of members and the filling of
membership vacancies are governed by section 15.059. Advisory board meetings shall be
held at the discretion of the commissioner.

    Sec. 18. [237A.18] TELECOMMUNICATIONS ACCESS MINNESOTA FUND.
    Subdivision 1. Fund established. A telecommunications access Minnesota fund is
established as an account in the state treasury. Earnings, such as interest, dividends, and
any other earnings arising from fund assets, must be credited to the fund.
    Subd. 2. Assessment. (a) The executive secretary of the commission, the
commissioner of employment and economic development, and the commissioner of
human services shall annually recommend to the commission an adequate and appropriate
surcharge and budget to implement sections 237A.16 to 237A.22, 248.062, and 256C.30,
respectively. The maximum annual budget for section 248.062 must not exceed $100,000
and for section 256C.30 must not exceed $300,000. The Public Utilities Commission
shall review the budgets for reasonableness and may modify the budget to the extent it is
unreasonable. The commission shall annually determine the funding mechanism to be
used within 60 days of receipt of the recommendation of the departments and shall order
the imposition of surcharges effective on the earliest practicable date. The commission
shall establish a monthly charge no greater than 20 cents for each customer access line,
including trunk equivalents as designated by the commission pursuant to section 403.11,
subdivision 1, or per Minnesota telephone number.
(b) If the fund balance falls below a level capable of fully supporting all programs
eligible under subdivision 5 and sections 248.062 and 256C.30, expenditures under
sections 248.062 and 256C.30 shall be reduced on a pro rata basis and expenditures under
sections 237A.19 and 237A.20 shall be fully funded. Expenditures under sections 248.062
and 256C.30 shall resume at fully funded levels when the commissioner of commerce
determines there is a sufficient fund balance to fully fund those expenditures.
    Subd. 3. Collection. Every local exchange company, interexchange carrier,
and interconnected VoIP provider that provides service capable of originating a
telecommunications relay call, including cellular communications and other nonwire
access services, in this state shall collect the charges established by the commission
under subdivision 2 and transfer amounts collected to the commissioner of public
safety in the same manner as provided in section 403.11, subdivision 1, paragraph (d).
The commissioner of public safety must deposit the receipts in the fund established in
subdivision 1.
    Subd. 4. Appropriation. Money in the fund is appropriated to the commission
to implement sections 237A.17 to 237A.22, to the commissioner of employment and
economic development to implement section 248.062, and to the commissioner of human
services to implement section 256C.30.
    Subd. 5. Expenditures. (a) Money in the fund may only be used for:
(1) expenses of the commission, including personnel cost, public relations, advisory
board members' expenses, preparation of reports, and other reasonable expenses not to
exceed ten percent of total program expenditures;
(2) reimbursing the commissioner of human services for purchases made or services
provided pursuant to section 237A.19;
(3) reimbursing eligible telecommunications providers for purchases made or
services provided under section 237A.19, subdivision 5; and
(4) contracting for establishment and operation of the telecommunication relay
service required by section 237A.20.
(b) All costs directly associated with the establishment of the program, the purchase
and distribution of communication devices, and the establishment and operation of the
telecommunication relay service are either reimbursable or directly payable from the fund
after authorization by the commissioner of commerce. The commission shall contract
with the message relay service operator to indemnify the local exchange carriers of
the relay service for any fines imposed by the Federal Communications Commission
related to the failure of the relay service to comply with federal service standards.
Notwithstanding section 16A.41, the commission may advance money to the contractor of
the telecommunication relay service if the contractor establishes to the commissioner's
satisfaction that the advance payment is necessary for the operation of the service. The
advance payment may be used only for working capital reserve for the operation of the
service. The advance payment must be offset or repaid by the end of the contract fiscal
year together with interest accrued from the date of payment.

    Sec. 19. [237A.19] COMMUNICATION DEVICE.
    Subdivision 1. Application. A person applying for a communication device
under this section must apply to the program administrator on a form prescribed by the
Department of Human Services.
    Subd. 2. Eligibility. To be eligible to obtain a communication device under this
section, a person must be:
(1) able to benefit from and use the equipment for its intended purpose;
(2) communication impaired;
(3) a resident of the state;
(4) a resident in a household that has a median income at or below the applicable
median household income in the state, except a deaf and blind person applying for a
telebraille unit may reside in a household that has a median income no more than 150
percent of the applicable median household income in the state; and
(5) a resident in a household that has telephone service or that has made application
for service and has been assigned a telephone number; or a resident in a residential care
facility, such as a nursing home or group home where telephone service is not included as
part of overall service provision.
    Subd. 3. Distribution. The commissioner of human services shall purchase and
distribute a sufficient number of communication devices so that each eligible household
receives an appropriate device. The commissioner of human services shall distribute the
devices to eligible households in each service area free of charge as determined under
section 237A.17, subdivision 3.
    Subd. 4. Training; maintenance. The commissioner of human services shall
maintain the communication devices until the warranty period expires, and provide
training, without charge, to first-time users of the devices.
    Subd. 5. Wiring installation. If a communication-impaired person is not served by
telephone service and is subject to economic hardship as determined by the Department
of Human Services, the telephone company providing local service shall at the direction
of the administrator of the program install necessary outside wiring without charge to
the household.
    Subd. 6. Ownership. All communication devices purchased pursuant to subdivision
3 will become the property of the state of Minnesota.
    Subd. 7. Standards. The communication devices distributed under this section must
comply with the electronic industries association standards and approved by the Federal
Communications Commission. The commissioner of human services must provide each
eligible person a choice of several models of devices, the retail value of which may not
exceed $600 for a communication device for the deaf, and a retail value of $7,000 for a
telebraille device, or an amount authorized by the Department of Human Services for a
telephone device for the deaf with auxiliary equipment.

    Sec. 20. [237A.20] TELECOMMUNICATION RELAY SERVICE.
(a) The commission shall contract with a qualified vendor for the operation and
maintenance of the telecommunication relay system.
(b) The telecommunication relay service provider shall operate the relay service
within the state of Minnesota. The operator of the system shall keep all messages
confidential, shall train personnel in the unique needs of communication-impaired people,
and shall inform communication-impaired persons and the public of the availability
and use of the system. Except in the case of a speech- or mobility-impaired person,
the operator shall not relay a message unless it originates or terminates through a
communication device for the deaf or a Brailling device for use with a telephone.

    Sec. 21. [237A.21] ANNUAL REPORT ON COMMUNICATION ACCESS.
The commission must prepare a report for public presentation by January 31
of each year. Each report must review the accessibility of the telephone system to
communication-impaired persons, review the ability of non-communication-impaired
persons to communicate with communication-impaired persons via the telephone system,
describe services provided, account for money received and disbursed annually for each
aspect of the program to date, and include predicted future operation.

    Sec. 22. [237A.22] ADEQUATE SERVICE ENFORCEMENT.
The services required to be provided under sections 237A.16 to 237A.21 may be
enforced under section 237A.38 upon a complaint of at least two communication-impaired
persons within the service area of any one telephone company, provided that if only one
person within the service area of a company is receiving service under sections 237A.16
to 237A.21, the commission may proceed upon a complaint from that person.

    Sec. 23. [237A.23] ANTISLAMMING.
    Subdivision 1. Antislamming duties of local telephone company. If a customer
elects, the local exchange carrier serving the customer shall not process a request to serve
the customer by another telecommunications provider without prior authorization from
the customer. If a customer has not elected to exercise the right to prior authorization,
the company may process a request to serve the customer by another telecommunications
carrier.
    Subd. 2. Antislamming duties of soliciting carrier. (a) A telecommunications
carrier may request that the local exchange carrier serving a customer process a change
in that customer's interexchange services provider, if the customer has authorized the
change either orally or in writing signed by the customer. Prior to requesting a change in a
customer's interexchange services provider, the carrier must confirm:
(1) the customer's identity with information unique to the customer, unless the
customer refused to provide identifying information, then that fact should be noted;
(2) that the customer has been informed of the offering made by the carrier;
(3) that the customer understands that the customer is being requested to change
interexchange service providers;
(4) that the customer has the authority to authorize the change; and
(5) that the customer agrees to the change.
(b) After requesting the change in interexchange service provider, the carrier must:
(1) notify the customer in writing that the request has been processed; and
(2) be able to produce, upon complaint by the customer, evidence that the carrier
verified the authorization by the customer to change the customer's interexchange service
provider. If the carrier used a negative checkoff verification procedure as defined in
subdivision 4, paragraph (c), the evidence must include a tape recording of the initial
oral authorization.
    Subd. 3. Penalty for slamming. If the carrier is not able to present, upon complaint
by the customer, evidence that complies with subdivision 2, paragraph (b), clause (2), the
change to the service of the carrier is deemed to be unauthorized from the date the carrier
requested the change. In that event, the carrier shall:
(1) bear all costs of immediately returning the customer to the service of the
customer's original service provider; and
(2) bear all costs of serving that customer during the period of unauthorized service.
    Subd. 4. Verification procedures; evidence of authorization. (a) Customer
authorization for a change in the customer's interexchange service provider may be
verified using a verification procedure that complies with federal law or regulation.
Except as provided in paragraph (b), the requirement that the carrier be able to produce
evidence of customer authorization is satisfied if the carrier uses a federally authorized
verification procedure.
(b) If a federal law or regulation authorizes a carrier to use negative checkoff
verification procedures, and the carrier does so, the carrier must be able to produce a tape
recording of the initial oral authorization by the customer to change long-distance service
providers as evidence of the authorization. The initial oral authorization must include
confirmation of the items listed in subdivision 2, paragraph (a).
(c) "Negative checkoff" means a verification procedure that consists of:
(1) an initial oral authorization by the customer to change long-distance service
providers; and
(2) a mailing to the customer by the soliciting interexchange service provider
regarding the change in service providers that informs the customer that if the customer
fails to cancel the change in service providers, the change will be deemed authorized and
verified.

    Sec. 24. [237A.24] NOTICE AND DISCLOSURE REQUIREMENTS OF
LONG-DISTANCE PROVIDERS.
    Subdivision 1. Information required. When contacted by a customer regarding
the purchase of long-distance telecommunications services, or when soliciting customers
via mail or telephone, a provider of long-distance services shall provide the customer
with the following information, if the service is being offered to the customer, about the
service offering either orally or in writing:
(1) the price or range of prices of interstate message toll service accessed by dialing
"1+" or "10-xxx," including any difference in prices for evening, night, or weekend calls;
(2) the price or range of prices of intrastate interLATA message toll service accessed
by dialing "1+" or "10-xxx," including any difference in prices for evening, night, or
weekend calls;
(3) the price or range of prices of intrastate intraLATA message toll service accessed
by dialing "1+" or "10-xxx," including any difference in prices for evening, night, or
weekend;
(4) any minimum volume requirements, fixed flat fees, service charges, surcharges,
termination charges, or other non-service-specific charges, including the fact that the
provider of local service may charge a onetime fee for changing carriers; and
(5) any special promotional rate or promotional offering related to the services or
prices described in clauses (1) to (4), including any limitations or restrictions on the
promotional rates or offerings.
    Subd. 2. Price, terms, and restrictions in writing. If a customer agrees to
purchase telecommunications services from the provider of interexchange services on a
presubscription basis, the provider shall send the customer written information regarding
services subscribed to, containing:
(1) the information regarding prices and charges described in subdivision 1, clauses
(1) to (5);
(2) the price for calls placed with a calling card issued to the customer by the
provider and any surcharge for placing calls with a calling card;
(3) the price for calls charged to the customer when a personal "1-800" number for
long-distance services issued to the customer by the provider is used; and
(4) the price of directory assistance calls.
This written information must be sent to the customer within seven business days
from the date of the verification of the customer's authorization, unless federal law or
regulation requires notice to be sent by an earlier date.

    Sec. 25. [237A.25] LOADING.
(a) Except as provided in paragraph (b) or (c), a local exchange carrier shall not
charge a subscriber, as defined in section 325F.692, for a telecommunications service that
is not required by the commission to be offered and for which the subscriber did not
explicitly contract.
(b) If a charge is assessed on a per-use basis for a service described in paragraph
(a), the charge must be applied as a credit to the subscriber's next monthly bill, if the
subscriber notifies the local exchange carrier that the subscriber did not utilize the service
or did not authorize the utilization of the service.
(c) A local exchange carrier that receives a notification from a subscriber under
paragraph (b) shall inform the subscriber of the ability to block the services from future
use by the subscriber, and shall block the services from future use by the subscriber, if the
subscriber so requests. If a subscriber requests that the carrier or company not block the
service or later requests to have the block lifted, the subscriber shall be responsible for
charges caused by the future utilization of that service. The carrier or company may not
charge a recurring fee for blocking the service.

    Sec. 26. [237A.26] PROHIBITION AGAINST BILLING FOR UNAUTHORIZED
CHARGES.
(a) A local exchange carrier shall not include on a customer's bill a charge for goods
or services on behalf of a third-party service provider unless the third-party service
provider has obtained the customer's prior express authorization to include such charges
on the customer's bill.
(b) If a customer of a local exchange carrier notifies the local exchange carrier that
an unauthorized charge from a third-party service provider has been included on the
customer's bill, then the local exchange carrier shall remove the unauthorized charge. The
local exchange carrier shall credit to the customer any amounts paid for the unauthorized
charges that were billed by the local exchange carrier during the six months prior to
the customer's complaint, unless the third-party service provider can produce within 14
calendar days of the complaint evidence to the customer and the local exchange carrier of
prior express authorization by the customer.
(c) A third-party service provider meets the prior express authorization requirements
of this section only if it obtains or receives a customer's written authorization in the form
of a letter of agency, a customer's oral authorization verified by an independent third party,
or a copy of an e-mail notice of verification as described in clause (3).
(1) If the third-party service provider obtains the customer's written authorization in
the form of a letter of agency, it must be a separate or easily separable document. The
sole purpose of the letter of agency shall be to authorize a charge for goods or services to
appear on the customer's telephone bill. The letter of agency must be of sufficient size to
be clearly legible and must contain clear and unambiguous language that contains separate
statements for each good or service for which the customer is agreeing to be billed. The
letter of agency must be signed and dated by the customer.
(2) If the customer's authorization is oral, the authorization must be verified by an
independent third-party verifier. The verification is valid only if:
(i) the independent third party confirms the customer's identity with information
unique to the customer unless the customer refuses, then that fact must be noted; and
(ii) the independent third party informs the customer that the customer is agreeing to
be billed for goods or services that will appear as a charge on the customer's telephone bill.
(3) If a customer enters a contract via the Internet with a third-party service provider
for goods or services which are charged to the bill issued by the customer's local exchange
carrier, the third-party service provider must, within 48 hours of receiving the customer's
authorization, send the customer, via e-mail, a notice of verification confirming the
authorization. The third-party service provider shall maintain a copy of the notice
of verification for the duration of the contract as a record of the customer's express
authorization to be charged for the goods or services on the customer's telephone bill for
local service.
(d) For direct-dialed calls, where the call itself represents the service for which the
charge is placed on a customer's local telephone bill, such as "900 number" services and
"dial around" services, evidence that the call was placed from the number that is subject to
the telephone bill shall be considered sufficient evidence of authorization for that call for
billing authorization purposes established in this section. Nothing in this section shall be
construed to change a telephone company's or telecommunication carrier's obligations or
affect a telephone subscriber's rights under section 325F.692.
(e) This section does not apply to charges for collect calls.
(f) Nothing in this section restricts the right of a local exchange carrier to seek to
recover from a third-party service provider unauthorized charges credited to the customer
by the local exchange carrier.

    Sec. 27. [237A.27] PRIVATE SHARED SERVICES.
    Subdivision 1. Definitions. For the purposes of this section:
(1) "private shared services" means the provision of telephone services and
equipment, the provision of video programming services, or the provision of broadband
services within a user group located in discrete private premises, in building complexes,
campuses, or high-rise buildings, by a commercial shared services provider or by a
user association, through privately owned customer premises equipment and associated
data processing and information management services and includes the provision
of connections to the facilities of a local exchange and to interexchange telephone
companies; and
(2) "property owner" means a person who owns or, under a contract with the owner,
manages a building, property, complex, or other facility where private shared services
are provided.
    Subd. 2. Requirements. A property owner shall establish a single demarcation
point for services and facilities provided by a local exchange carrier providing local
exchange service in the area that is mutually agreeable to the property owner, commercial
shared services provider, and the telephone company. The obligation of a local exchange
carrier to provide service to a customer at a location where private shared services are
operating is limited to providing service and facilities up to the demarcation point
established for the property where the private shared services are operating. The property
owner may not (1) impose unreasonable restrictions on access to the demarcation point
on the premises by a telephone company or (2) discriminate against or in favor of an
occupant in any manner, including charging the occupant higher or lower rental charges,
because of the occupant's choice of local exchange carrier.
    Subd. 3. Access to alternative provider. A tenant of a building, property,
complex, or other facility where private shared services are operating may establish a
direct connection to and receive telephone exchange service from a local exchange
carrier providing local exchange service in the area where the private shared services
are operating. At the request of a tenant where a private shared system is operated, the
property owner shall make its facilities or conduit space available to the tenant to allow
the tenant to make separate connection to and to receive telephone exchange service
directly from the local exchange carrier operating local exchange service in the area. The
tenant has the choice of installing the tenant's own facilities or using the property owner's
existing facilities. The property owner must provide its facilities or conduit space to the
tenant at a reasonable rate and on reasonable terms and conditions. It is the obligation of
the tenant to arrange for premises wire, cable, or other equipment necessary to connect the
tenant's telephone equipment with the facilities of the local exchange carrier operating
local exchange service at the location of the demarcation point.
    Subd. 4. Enforcement. If the commission finds that a property owner has failed to
comply with a request under this section, the commission may order the property owner to
make its facilities or conduit space available sufficient to allow the tenant to make separate
connection with the telephone company, and provide the services at reasonable prices
and on reasonable terms and conditions.
    Subd. 5. Exemption. A commercial shared services provider is exempt from
section 237A.10 if the private shared services are only provided to tenants or for the
provider's own use.
    Subd. 6. Service by local telephone company. A telephone company providing
local exchange service shall provide service to any person in a property served by a
commercial shared services provider at the demarcation point within a reasonable time
upon request.
    Subd. 7. Obligation of property owners. Nothing in this section requires a
commercial shared services provider to share its wiring, cabling, or other facilities unless
the commercial shared services provider is the property owner.

    Sec. 28. [237A.28] TELEPHONE ASSISTANCE PLAN; DEFINITIONS.
    Subdivision 1. Scope. The terms used in sections 237A.28 to 237A.30 have the
meanings given them in this section.
    Subd. 2. Access line. "Access line" means telephone company-owned facilities
furnished to permit switched access to the telecommunications network that extend from
a central office to the demarcation point on the property where the subscriber is served.
The term includes access lines provided to residential and business subscribers, includes
centrex access lines on a trunk-equivalent basis, but does not include private nonswitched
or wide area telephone service access lines.
    Subd. 3. Commission. "Commission" means the Minnesota Public Utilities
Commission.
    Subd. 4. Disabled. "Disabled" has the meaning given it in section 363A.03,
subdivision 12.
    Subd. 5. Federal matching plan. "Federal matching plan" means any telephone
assistance plan formulated by the Federal Communications Commission that provides
federal assistance to local telephone subscribers.
    Subd. 6. Fund. "Fund" means the telephone assistance fund established in section
237A.30.
    Subd. 7. Income. For purposes of sections 237A.28 to 237A.30, income has the
meaning given it in section 290A.03, subdivision 3.
    Subd. 8. Telephone assistance plan. "Telephone assistance plan" means the plan
to be adopted by the commission and to be jointly administered by the commission, the
Department of Human Services, and local exchange carriers, as required by sections
237A.28 to 237A.30.
    Subd. 9. Local exchange carrier. "Local exchange carrier" has the meanings given
it in section 237A.01, subdivision 17, that provides local exchange telephone service.

    Sec. 29. [237A.29] DEVELOPMENT OF TELEPHONE ASSISTANCE PLAN.
    Subdivision 1. Commission responsibility. The commission shall develop a
telephone assistance plan under this section.
    Subd. 2. Scope. The telephone assistance plan must be statewide and apply to local
service providers that provide local exchange service in Minnesota.
    Subd. 3. Federal matching plan. The telephone assistance plan must contain
adequate provisions to enable local exchange carriers to qualify for waiver of the federal
interstate access charge and to enable eligible subscribers to take advantage of the federal
matching plan.
    Subd. 4. Household eligible for credit. The telephone assistance plan must provide
telephone assistance credit for a residential household in Minnesota that is eligible for the
federal Lifeline telephone service discount.
    Subd. 5. Nature and extent of credits. The telephone assistance plan may provide
for telephone assistance credits to eligible households up to the amounts available under
the federal matching plan. However, the credits available under the telephone assistance
plan may not exceed:
(1) more than 50 percent of the local exchange rate charged for the local exchange
service provided to the household by that household's local service provider; and
(2) the level of credits that can actually be funded in accordance with the limitations
contained in subdivision 6.
    Subd. 6. Funding. The commission shall provide for the funding of the telephone
assistance plan by assessing a uniform recurring monthly surcharge, not to exceed ten
cents per access line, or in the case of interconnected VoIP providers, not to exceed ten
cents per Minnesota telephone number provisioned per customer account, applicable to all
classes and grades of access lines provided by each local exchange carrier in the state.
    Subd. 7. Application, notice, financial administration, complaint investigation.
The telephone assistance plan must be administered jointly by the commission and the
local service providers in accordance with the following guidelines:
(a) The commission shall develop an application form that must be completed by the
subscriber for the purpose of certifying eligibility for telephone assistance plan credits to
the local service provider. The application must contain the applicant's Social Security
number. Applicants who refuse to provide a Social Security number will be denied
telephone assistance plan credits. The application form must also include a statement that
the applicant household is currently eligible for one of the programs that confers eligibility
for the federal Lifeline Program. The application must be signed by the applicant,
certifying, under penalty of perjury, that the information provided by the applicant is true.
(b) Each local exchange carrier shall annually mail a notice of the availability of
the telephone assistance plan to each residential subscriber in a regular billing and shall
mail the application form to customers when requested.
The notice must state the following:
YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE
BILL IF YOU RECEIVE BENEFITS FROM CERTAIN LOW-INCOME ASSISTANCE
PROGRAMS. FOR MORE INFORMATION OR AN APPLICATION FORM PLEASE
CONTACT .........
(c) An application may be made by the subscriber, the subscriber's spouse, or a
person authorized by the subscriber to act on the subscriber's behalf. On completing the
application certifying that the statutory criteria for eligibility are satisfied, the applicant
must return the application to the subscriber's local service provider. On receiving a
completed application from an applicant, the subscriber's local exchange carrier shall
provide telephone assistance plan credits against monthly charges in the earliest possible
month following receipt of the application. The applicant must receive telephone
assistance plan credits until the earliest possible month following the service provider's
receipt of information that the applicant is ineligible.
If the telephone assistance plan credit is not itemized on the subscriber's monthly
charges bill for local telephone service, the local service provider must notify the
subscriber of the approval for the telephone assistance plan credit.
(d) The commission shall serve as the coordinator of the telephone assistance plan
and be reimbursed for its administrative expenses from the surcharge revenue pool. As the
coordinator, the commission shall:
(1) establish a uniform statewide surcharge in accordance with subdivision 6;
(2) establish a uniform statewide level of telephone assistance plan credit that each
local exchange carrier shall extend to each eligible household in its service area;
(3) require each local exchange carrier and interconnected VoIP provider to account
to the commission on a periodic basis for surcharge revenues collected by the provider,
expenses incurred by the provider, not to include expenses of collecting surcharges, and
credits extended by the provider under the telephone assistance plan;
(4) require each local exchange carrier and interconnected VoIP provider to remit
surcharge revenues to the Department of Public Safety for deposit in the fund; and
(5) remit to each local exchange carrier from the surcharge revenue pool the amount
necessary to compensate the provider for expenses, not including expenses of collecting
the surcharges, and telephone assistance plan credits. When it appears that the revenue
generated by the maximum surcharge permitted under subdivision 6 will be inadequate to
fund any particular established level of telephone assistance plan credits, the commission
shall reduce the credits to a level that can be adequately funded by the maximum
surcharge. Similarly, the commission may increase the level of the telephone assistance
plan credit that is available or reduce the surcharge to a level and for a period of time that
will prevent an unreasonable overcollection of surcharge revenues.
(e) Each local exchange carrier shall maintain adequate records of surcharge
revenues, expenses, and credits related to the telephone assistance plan and shall, as part
of its annual report or separately, provide the commission with a financial report of its
experience under the telephone assistance plan for the previous year. That report must also
be adequate to satisfy the reporting requirements of the federal matching plan.
(f) The commission shall investigate complaints against local service providers
with regard to the telephone assistance plan.

    Sec. 30. [237A.30] TELEPHONE ASSISTANCE FUND; APPROPRIATION.
    Subdivision 1. Fund created; authorized expenditures. The telephone assistance
fund is created as a separate account in the state treasury to consist of amounts received
by the commissioner of public safety representing the surcharge authorized by section
237A.29, subdivision 6, and amounts earned on the fund assets. Money in the fund may
be used only for:
(1) reimbursement to local service providers for expenses and credits allowed in
section 237A.29, subdivision 7, paragraph (d), clause (5);
(2) reimbursement of the reasonable administrative expenses of the commission,
a portion of which may be used for periodic promotional activities, including, but not
limited to, radio or newspaper advertisements, to inform eligible households of the
availability of the telephone assistance program; and
(3) reimbursement of the statewide indirect cost of the commission.
    Subd. 2. Appropriation. Money in the fund is appropriated to the commission to
be disbursed pursuant to section 237A.29, subdivision 7.

    Sec. 31. [237A.31] SCOPE.
To the extent they regulate telecommunications right-of-way users, sections
237A.05, 237A.09, 237A.12, and 237A.13 supersede section 222.37, and any ordinance,
regulation, or rule to the contrary.

    Sec. 32. [237A.32] DEFINITIONS; CALL LOCATION INFORMATION.
    Subdivision 1. Scope. The definitions in this section apply to section 237A.33.
    Subd. 2. Call location information. "Call location information" means information
indicating the geographical location of a telecommunications device.
    Subd. 3. Law enforcement agency. "Law enforcement agency" means:
(1) a unit of state or local government that is authorized by law to grant full powers
of arrest and to charge a person with the duties of preventing and detecting crime and
enforcing the general criminal laws of the state; and
(2) subject to the limitations in section 626.93, a law enforcement agency of a
federally recognized tribe, as defined in United States Code, title 25, section 450b(e).
    Subd. 4. Wireless telecommunications service provider. "Wireless
telecommunications service provider" means a provider of commercial mobile radio
services, as that term is defined in United States Code, title 47, section 332, subsection
(d), including all broadband personal communications services, wireless radio telephone
services, geographic area specialized and enhanced specialized mobile radio services, and
incumbent wide area specialized mobile radio licensees, that offers real-time, two-way
voice service interconnected with the public switched telephone network and that is doing
business in this state.

    Sec. 33. [237A.33] DISCLOSURE OF CALL LOCATION INFORMATION;
EMERGENCY SITUATIONS.
    Subdivision 1. Written request. Upon receipt of a written request from a law
enforcement agency stating that the disclosure of call location information is needed
in an emergency situation that involves the risk of death or serious physical harm to
a person who possesses a telecommunications device, a wireless telecommunications
service provider shall provide the requested call location information concerning that
device to the requesting agency.
    Subd. 2. Protocols. A wireless telecommunications service provider shall establish
protocols consistent with this section that govern its response to a request from a law
enforcement agency under subdivision 1.
    Subd. 3. Cause of action limitation. No cause of action shall lie in any court
against a wireless telecommunications service provider, its officers, employees, agents,
or other specified persons for providing call location information while acting in good
faith and according to this section.
    Subd. 4. Provider contact information. The Bureau of Criminal Apprehension
shall obtain contact information for all wireless telecommunications service providers
authorized to do business in Minnesota or submitting to the jurisdiction of this state in
order to facilitate a request from a law enforcement agency for call location information
under this section. The bureau shall disseminate this information on a quarterly basis, or
immediately as changes occur, to all public safety answer points in the state.

    Sec. 34. [237A.34] MUNICIPAL COMMUNICATIONS SERVICES.
Any municipality shall have the right to own and operate an exchange access within
its own borders, subject to the provisions of this chapter. It may construct a plant, or
purchase an existing plant by agreement with the owner, or where it cannot agree with
the owner on price, it may acquire an existing plant by condemnation. In no case shall
a municipality construct or purchase a plant or proceed to acquire an existing plant
by condemnation until that action is authorized by a majority of the electors voting
upon the proposition at a general election or a special election called for that purpose.
If the proposal is to construct a new exchange where an exchange already exists, the
municipality is not to be authorized to do so unless 65 percent of those voting vote in favor
of the undertaking. A municipality that owns and operates an exchange access may enter
into a joint venture as a partner or shareholder with a telecommunications organization to
provide telecommunications services within its service area.

    Sec. 35. [237A.35] CONDEMNATION: NOTICE, COMPENSATION, APPEAL.
When a municipality decides to acquire an existing plant by condemnation as
provided in section 237A.34, it shall give notice to the commission. The commission
shall determine the just compensation that the owner of the plant is entitled to receive
from the municipality. Before deciding upon the compensation, the commission shall, at
a public meeting that may be convened from time to time, hear all interested parties on
the question involved. The commission shall by order fix the compensation and furnish a
copy of its order to the municipality and to the telephone company concerned. A party
may appeal to the district court of the county in which the plant is situated the part of the
order fixing the compensation to be paid within 30 days. The appeal shall be tried the
same as other appeals under this chapter. If not appealed, the order of the commission
becomes final after 30 days.

    Sec. 36. [237A.36] ASSESSMENT OF REGULATORY EXPENSES.
    Subdivision 1. Assessment of costs. The commission shall quarterly, at least 30
days before the start of each quarter, estimate the total of the commission's expenditures
in the performance of the commission's duties relating to telecommunications providers
and advanced services providers, other than amounts chargeable under subdivision 4.
This amount must be assessed by the commission to the local exchange carriers and
interexchange service providers operating in this state in proportion to their respective
gross jurisdictional operating revenues during the last calendar year. The assessment must
be paid into the state treasury within 30 days after the bill has been transmitted via mail,
personal delivery, or electronic service to the telecommunications providers. The bill
constitutes notice of the assessment and demand of payment. The total amount that may
be assessed to the local exchange carriers and interexchange service providers under this
subdivision may not exceed 3/32 of one percent of the total gross jurisdictional operating
revenues during the calendar year. The assessment for the third quarter of each fiscal
year shall be adjusted to compensate for the amount by which actual expenditures by
the commission for the preceding fiscal year were less than the estimated expenditures
previously assessed. A local exchange carrier or interexchange service provider with
gross jurisdictional operating revenues of less than $5,000 is exempt from assessments
under this subdivision.
    Subd. 2. Objection. Within 30 days after the date of the transmittal of any bill as
provided by subdivision 1 or 4, the parties to the proceeding, against which the bill has
been assessed, may file with the commission objections setting out the grounds upon
which it is claimed the bill is excessive, erroneous, unlawful, or invalid. The commission
shall within 60 days issue an order in accordance with its findings. The order is appealable
in the same manner as other final orders of the commission.
    Subd. 3. Interest imposed. The amounts assessed against any local exchange
carrier, interexchange service provider, or other party that is not paid after 30 days after
the transmittal of a notice advising the telecommunications provider or other party of the
amount assessed against it shall draw interest at the rate of six percent per annum. Upon
failure to pay the assessment, the attorney general shall proceed by action in the name of
the state against the telecommunications provider or other party to collect the amount due,
accrued interest, and reasonable attorney fees and costs.
    Subd. 4. Administrative hearing costs; appropriation. Any amounts billed to
the commission by the Office of Administrative Hearings for contested case hearings
held pursuant to section 237A.38, subdivision 5, shall be assessed by the commissioner
against the parties to the proceeding. The assessment shall be paid into the state treasury
within 30 days after a bill, which constitutes notice of the assessment and demand for
payment of it, has been transmitted to the parties. Money received shall be credited to
a special account and is appropriated to the commission for payment to the Office of
Administrative Hearings.

    Sec. 37. [237A.37] PROPRIETARY INFORMATION.
    Subdivision 1. Proprietary information to be protected. The commission shall
maintain the confidentiality of all proprietary information including trade secrets, business
plans, and other confidential information that becomes known to the commission or
comes into the commission's possession or control, and the commission shall not disclose
proprietary information without adequate protection of the information and reasonable
notice to the affected person.
    Subd. 2. Protective orders. The commission shall have the authority to enter any
protective order necessary and appropriate to maintain the confidentiality of proprietary
information. The order may be entered only after giving the affected parties 30 days'
advance notice and the opportunity to be heard in connection with the proposed protective
order.
    Subd. 3. Public meetings of commission. In any meeting of the commission during
which information that is subject to a protective order is discussed, the commission shall
close to all persons who are not authorized to obtain the information under the protective
order that portion of the meeting during which the information will be discussed. The
commission shall also take other appropriate measures to ensure that the data is not
disclosed to persons who are not authorized to obtain the information under the protective
order, to include sealing all or part of the hearing record.

    Sec. 38. [237A.38] COMMISSION ADMINISTRATIVE PROCEEDINGS,
APPEALS, REMEDIES.
    Subdivision 1. Rules and regulations. The commission shall adopt rules and
regulations consistent with this chapter to govern all matters over which the commission
has jurisdiction within 180 days of the effective date of this chapter and dispose of existing
rules which are consistent with this statute or impose obligations on a telecommunications
provider or advanced services provider greater than those imposed under this chapter.
    Subd. 2. Complaint investigation and procedure. Upon a complaint made against
a local exchange carrier or interexchange service provider, by any other provider of
telecommunications or interexchange service that any of the rates, charges, schedules,
tariffs, terms, and conditions regulated by this chapter, the commission shall, within 30
days of the filing of the complaint, review the complaint to determine whether it has
jurisdiction over the matter and whether there are reasonable grounds to investigate the
allegations. If the commission concludes it lacks jurisdiction or that there is no reasonable
basis for the investigation, it shall promptly dismiss the complaint. If the commission
finds that it has jurisdiction and that there is a reasonable basis for the investigation,
the commission shall determine whether a contested case hearing shall be conducted
under chapter 14. If the commission decides to conduct a hearing, it may require the
telecommunications provider that is the subject of the complaint to file an answer or
otherwise respond. The scope of such a contested case hearing will be limited to the
allegations in the complaint and the allegations contained in the answer or other response.
    Subd. 3. Service; notice. A copy of an order issued under this chapter must be
served upon the person against whom it runs or the person's attorney. Notice of the order
must be given to the other parties to the proceedings or their attorneys.
    Subd. 4. Transcribed copy of record; expense. (a) The commission shall keep
a full and complete record of all proceedings before it on any investigation or hearing,
and the commission shall furnish a transcribed copy of the record to any party to the
investigation upon request and payment of the expense of furnishing the transcribed copy.
(b) When an appeal is taken from any order of the commission under the provisions
of this chapter, the commission shall prepare a certified transcript of all proceedings,
pleadings and files, and testimony taken or offered before it upon which the order was
based, showing particularly what, if any, evidence offered was excluded. The commission
shall file the transcript with the court administrator of the district court where the appeal is
pending.
    Subd. 5. Appeal from decision of commission. Any party to a proceeding before
the commission or the attorney general may make and perfect an appeal from the order
in accordance with chapter 14. If the court finds from an examination of the record that
the commission erroneously rejected evidence which should have been admitted, it shall
remand the proceedings to the commission with instructions to receive the evidence
rejected and any rebutting evidence and make new findings and return them to the court
for further review. In that case the commission, after notice to the parties in interest, shall
proceed to rehear the matter in controversy, and receive the wrongfully rejected evidence
and any rebutting evidence offered and make new findings, as upon the original hearing,
and transmit it and the new record, properly certified, to the Court of Appeals, where the
matter shall again be considered in the court in the same manner as in an original appeal.
    Subd. 6. Order final and conclusive. If no appeal is taken from any order of the
commission, as provided in subdivision 5, then in all future litigation arising between
the state and any telecommunications provider or between private parties and any
telecommunications provider, the order shall be deemed final and conclusive.
    Subd. 7. Attorney general to compel obedience. When any telecommunications
provider fails to comply with any law of the state or any order of the commission after it
has become final, or any order or judgment of the district court, the Court of Appeals, or
the Supreme Court in any cases taken to any of the courts on appeal, after the judgment or
order has become final, the attorney general shall apply to the district court in the name of
the state in any county in which the plant of the telecommunications provider, or any part
of it, is situated, for a mandatory injunction or other appropriate writ to compel obedience
to the law, order, or judgment. The district court shall punish any disobedience of its
orders in the enforcement proceedings as for contempt of court.

    Sec. 39. [237A.39] VIOLATIONS; PENALTIES; ENFORCEMENT.
    Subdivision 1. Actions. This chapter and rules and orders of the commission
adopted under this chapter may be enforced by any one or combination of criminal
prosecution, action to recover civil penalties, injunction, action to compel performance,
and other appropriate action.
    Subd. 2. Civil penalty. A person who knowingly and intentionally violates a
provision of this chapter or rule or order of the commission adopted under this chapter
shall forfeit and pay to the state a penalty, in an amount to be determined by the court, of
at least $100 and not more than $5,000 for each day of each violation.
    Subd. 3. Civil penalty proceeds deposited in treasury. The civil penalties
provided for in this section may be recovered by a civil action brought by the attorney
general in the name of the state. Amounts recovered under this section must be paid
into the state treasury.

    Sec. 40. [237A.40] OBTAINING SERVICE BY FRAUD; INJUNCTION.
    Subdivision 1. Equitable relief. Whenever it appears that a person is engaged in
an act that constitutes or will constitute a violation of section 609.893, a representative
of a local exchange carrier or interexchange service provider, or a person harmed by an
alleged violation of section 609.893 may begin a civil proceeding in a district court to
enjoin the violation and may petition the court to issue an order for the discontinuance
of telecommunications service.
    Subd. 2. Venue. An action under this section must be brought in the county in
which subject matter of the action, or some part of it, is located or found, and must be
commenced by the filing of a complaint that must be verified by affidavit.
    Subd. 3. Temporary restraining order. If it is shown to the satisfaction of the
court, either by verified complaint or affidavit, that a person is engaged in an act that
constitutes a violation of section 609.893, the court shall issue a temporary restraining
order to abate and prevent the continuance or recurrence of the act. Notice of the
complaint shall be given and a hearing on the issuance of a temporary restraining order
shall be held under the Rules of Civil Procedure. The court shall direct the county sheriff
to seize and keep until further order of the court any device that is being used in violation
of section 609.893. The temporary restraining order expires after ten days.
    Subd. 4. Permanent injunction. The court may issue a permanent injunction
to restrain, abate, or prevent the continuance or recurrence of the violation of section
609.893. The court may grant declaratory relief, mandatory orders, or any other relief
it judges necessary to accomplish the purposes of the injunction. The court may keep
jurisdiction of the case for the purpose of enforcing its orders.
    Subd. 5. Discontinuance of telecommunications service. If it is shown to the
satisfaction of the court, by affidavit, that a person is engaged in an act that constitutes a
violation of section 609.893, the court may issue an order that shall be promptly served
upon the person in whose name the telecommunications device is listed, requiring the
party, within a reasonable time to be fixed by the court but not exceeding 48 hours from
the time of service of the petition on the party, to show cause before the judge why
telecommunications service should not promptly be discontinued. At the hearing, the
burden of proof is on the complainant.
    Subd. 6. Disconnect order. Upon a finding by the court that the telecommunications
device is being used or has been used in violation of section 609.893, the court shall
issue an order requiring the telecommunications provider that is rendering service over
the device to disconnect the service. The order shall be served upon an officer of the
telecommunications provider by the sheriff of the county in which the telecommunications
device is installed or by a duly authorized deputy. Upon receipt of the order, the
telecommunications provider shall proceed promptly to disconnect and remove the service
and discontinue all telecommunications service until further order of the court.
    Subd. 7. Immunity. No telecommunications provider is liable for any damages,
penalty, or forfeiture, whether civil or criminal, for an act performed in compliance with
an order issued by the court.

    Sec. 41. [237A.41] NO PRIVATE CAUSE OF ACTION.
Nothing in this chapter shall be construed to create any private cause of action
or right to relief for any person or entity.

    Sec. 42. [237A.42] AUTHORITY TRANSFERRED TO PUBLIC UTILITIES
COMMISSION.
The duties under sections 237A.14 to 237A.22 formerly granted to the commissioner
of commerce shall be transferred to the Public Utilities Commission. The commissioner
of commerce is authorized to transfer staff and resources necessary to continue the duties
under sections 237A.14 to 237A.22 to the Public Utilities Commission.

    Sec. 43. REPEALER.
(a) Minnesota Statutes 2010, sections 237.01, subdivisions 1, 3, 4, 6, 7, and 8;
237.011; 237.012; 237.02; 237.03; 237.035; 237.036; 237.04; 237.05; 237.06; 237.065;
237.066; 237.067; 237.068; 237.069; 237.07; 237.071; 237.072; 237.075, subdivisions 1,
2, 3, 4, 5, 6, 7, 8, 9, 10, and 11; 237.076; 237.081, subdivisions 1, 1a, 2, 4, and 5; 237.082;
237.09; 237.10; 237.101; 237.11; 237.115; 237.12; 237.121; 237.14; 237.15; 237.155;
237.16, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13; 237.162; 237.163; 237.164;
237.17; 237.18; 237.19; 237.20; 237.21; 237.22; 237.23; 237.231; 237.24; 237.25; 237.26;
237.27; 237.28; 237.295; 237.30; 237.33; 237.34; 237.35; 237.36; 237.37; 237.38; 237.39;
237.40; 237.411; 237.414; 237.435; 237.44; 237.45; 237.46; 237.461, subdivisions 1, 2,
and 4; 237.47; 237.49; 237.491; 237.50, subdivisions 1, 3, 4, 4a, 5, 6, 6a, 7, 8, 9, 10, and
11; 237.51, subdivisions 1, 5, and 5a; 237.52; 237.53, subdivisions 1, 2, 3, 4, 5, 6, and 7;
237.54, subdivision 2; 237.55; 237.56; 237.57; 237.59, subdivisions 1, 1a, 2, 3, 4, 5, 6, 8,
9, and 10; 237.60, subdivisions 3 and 4; 237.61; 237.626; 237.64; 237.66, subdivisions 1,
1a, 1c, 1d, 2, 2a, and 3; 237.661; 237.662; 237.663; 237.665; 237.67; 237.681; 237.69,
subdivisions 1, 5, 11, 12, 13, 14, 15, 16, and 17; 237.70, subdivisions 1, 2, 3, 4a, 5, 6, and
7; 237.701; 237.71; 237.711; 237.73; 237.74; 237.75; 237.76; 237.761; 237.762; 237.763;
237.764; 237.765; 237.766; 237.767; 237.768; 237.769; 237.770; 237.771; 237.772;
237.773, subdivisions 1, 2, 3, and 4; 237.774; 237.775; 237.79; 237.80; 237.81; 237.82;
and 237.83, are repealed.
(b) Minnesota Rules, parts 7810.3200; 7810.3300; 7810.4100; 7810.4300;
7810.4900; 7810.5000; 7810.5100; 7810.5200; 7810.5300; 7810.5400; 7810.5500;
7810.5800; 7810.5900; 7810.6000; 7810.6100; 7810.6400; 7810.6600; 7810.6700;
7810.6800; 7810.8600; 7810.8605; 7810.8610; 7810.8615; 7810.8620; 7810.8625,
subparts 1, 2, 3, 4, and 6; 7810.8630, subparts 1, 2, 3, 4, 5, 7, 8, 9, and 10; 7810.8635;
7810.8640; 7810.8645; 7810.8650; 7810.8655; 7810.8660; 7810.8665; 7810.8670;
7810.8675; 7810.8680; 7810.8685; 7810.8690; 7810.8700; 7810.8705; 7810.8710;
7810.8715; 7810.8720; 7810.8725; 7810.8730; 7810.8735; 7810.8805; 7810.8810; and
7810.8815, are repealed.