Bill Text: MN SF273 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Telecommunications access stimulation charges prohibition
Sponsorship: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2011-02-09 - Referred to Energy, Utilities and Telecommunications [SF273 Detail]
Download: Minnesota-2011-SF273-Introduced.html
1.2relating to telecommunications; prohibiting access stimulation charges;
1.3proposing coding for new law in Minnesota Statutes, chapter 237.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [237.125] PROHIBITION ON ACCESS STIMULATION CHARGES.
1.6 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
1.7have the meanings given.
1.8(b) "Access stimulation charge" means any charge assessed by a local exchange
1.9carrier or centralized equal access provider for delivery of intrastate telecommunications
1.10to an entity that (1) provides a free or below cost service, discount, credit, or other product
1.11offering to persons calling a telephone number assigned by the local exchange carrier to
1.12an entity's service, and (2) has a financial or contractual interest, direct or indirect, in the
1.13revenue received by a telephone company or telecommunications carrier for delivering
1.14calls to the telephone numbers assigned to entities providing the free or below cost service.
1.15(c) "Entity" means any individual, trustee, partnership, corporation, joint venture,
1.16association, municipality, or any other legal entity.
1.17 Subd. 2. Access stimulation charge prohibited. No local exchange carrier or
1.18centralized equal access provider may assess or charge an access stimulation charge.
1.19 Subd. 3. No local exchange service. For purposes of this section, a local exchange
1.20carrier is not engaged in the provision of local exchange service, and is subject to the
1.21prohibition against assessing or charging an access stimulation charge under subdivision
1.222, when it delivers calls to an entity that has a financial or contractual interest, direct or
1.23indirect, in the revenue received by the local exchange carrier for delivering the calls
1.24to the entity's assigned numbers.
2.1 Subd. 4. Not an end user. For purposes of this section, an entity that has a financial
2.2or contractual interest, direct or indirect, in the revenue received by a local exchange
2.3carrier for delivering calls to the telephone number assigned to the entity is not an end
2.4user of or subscriber of the local exchange carrier's telecommunications services, and the
2.5prohibition against assessing or charging an access stimulation charge under subdivision 2
2.6applies to the entity and the local exchange carrier.
2.7 Subd. 5. No presumption of validity. Nothing in this section shall be construed
2.8as indicating that an access stimulation charge assessed prior to the effective date of this
2.9section was just, reasonable, or in accordance with any law, regulation, tariff, or policy.
1.3proposing coding for new law in Minnesota Statutes, chapter 237.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [237.125] PROHIBITION ON ACCESS STIMULATION CHARGES.
1.6 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
1.7have the meanings given.
1.8(b) "Access stimulation charge" means any charge assessed by a local exchange
1.9carrier or centralized equal access provider for delivery of intrastate telecommunications
1.10to an entity that (1) provides a free or below cost service, discount, credit, or other product
1.11offering to persons calling a telephone number assigned by the local exchange carrier to
1.12an entity's service, and (2) has a financial or contractual interest, direct or indirect, in the
1.13revenue received by a telephone company or telecommunications carrier for delivering
1.14calls to the telephone numbers assigned to entities providing the free or below cost service.
1.15(c) "Entity" means any individual, trustee, partnership, corporation, joint venture,
1.16association, municipality, or any other legal entity.
1.17 Subd. 2. Access stimulation charge prohibited. No local exchange carrier or
1.18centralized equal access provider may assess or charge an access stimulation charge.
1.19 Subd. 3. No local exchange service. For purposes of this section, a local exchange
1.20carrier is not engaged in the provision of local exchange service, and is subject to the
1.21prohibition against assessing or charging an access stimulation charge under subdivision
1.222, when it delivers calls to an entity that has a financial or contractual interest, direct or
1.23indirect, in the revenue received by the local exchange carrier for delivering the calls
1.24to the entity's assigned numbers.
2.1 Subd. 4. Not an end user. For purposes of this section, an entity that has a financial
2.2or contractual interest, direct or indirect, in the revenue received by a local exchange
2.3carrier for delivering calls to the telephone number assigned to the entity is not an end
2.4user of or subscriber of the local exchange carrier's telecommunications services, and the
2.5prohibition against assessing or charging an access stimulation charge under subdivision 2
2.6applies to the entity and the local exchange carrier.
2.7 Subd. 5. No presumption of validity. Nothing in this section shall be construed
2.8as indicating that an access stimulation charge assessed prior to the effective date of this
2.9section was just, reasonable, or in accordance with any law, regulation, tariff, or policy.
