1.1 	A bill for an act
1.2 	relating to telecommunications; streamlining telecommunications regulations; 
1.3 	modifying and updating civil penalties, rate regulations, regulatory requirements; 
1.4 	and technical provisions; appropriating money;proposing coding for new law as 
1.5 	Minnesota Statutes, chapter 237A; repealing Minnesota Statutes 2010, sections 
1.6 	237.01, subdivisions 1, 3, 4, 6, 7, 8; 237.011; 237.012; 237.02; 237.03; 237.035; 
1.7 	237.036; 237.04; 237.05; 237.06; 237.065; 237.066; 237.067; 237.068; 237.069; 
1.8 	237.07; 237.071; 237.072; 237.075, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11; 
1.9 	237.076; 237.081, subdivisions 1, 1a, 2, 4, 5; 237.082; 237.09; 237.10; 237.101; 
1.10 	237.11; 237.115; 237.12; 237.121; 237.14; 237.15; 237.155; 237.16, subdivisions 
1.11 	1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; 237.162; 237.163; 237.164; 237.17; 237.18; 
1.12 	237.19; 237.20; 237.21; 237.22; 237.23; 237.231; 237.24; 237.25; 237.26; 
1.13 	237.27; 237.28; 237.295; 237.30; 237.33; 237.34; 237.35; 237.36; 237.37; 
1.14 	237.38; 237.39; 237.40; 237.411; 237.414; 237.435; 237.44; 237.45; 237.46; 
1.15 	237.461, subdivisions 1, 2, 4; 237.47; 237.49; 237.491; 237.50, subdivisions 1, 
1.16 	3, 4, 4a, 5, 6, 6a, 7, 8, 9, 10, 11; 237.51, subdivisions 1, 5, 5a; 237.52; 237.53, 
1.17 	subdivisions 1, 2, 3, 4, 5, 6, 7; 237.54, subdivision 2; 237.55; 237.56; 237.57; 
1.18 	237.59, subdivisions 1, 1a, 2, 3, 4, 5, 6, 8, 9, 10; 237.60, subdivisions 3, 4; 237.61; 
1.19 	237.626; 237.64; 237.66, subdivisions 1, 1a, 1c, 1d, 2, 2a, 3; 237.661; 237.662; 
1.20 	237.663; 237.665; 237.67; 237.681; 237.69, subdivisions 1, 5, 11, 12, 13, 14, 
1.21 	15, 16, 17; 237.70, subdivisions 1, 2, 3, 4a, 5, 6, 7; 237.701; 237.71; 237.711; 
1.22 	237.73; 237.74; 237.75; 237.76; 237.761; 237.762; 237.763; 237.764; 237.765; 
1.23 	237.766; 237.767; 237.768; 237.769; 237.770; 237.771; 237.772; 237.773, 
1.24 	subdivisions 1, 2, 3, 4; 237.774; 237.775; 237.79; 237.80; 237.81; 237.82; 
1.25 	237.83; Minnesota Rules, parts 7810.3200; 7810.3300; 7810.4100; 7810.4300; 
1.26 	7810.4900; 7810.5000; 7810.5100; 7810.5200; 7810.5300; 7810.5400; 
1.27 	7810.5500; 7810.5800; 7810.5900; 7810.6000; 7810.6100; 7810.6400; 
1.28 	7810.6600; 7810.6700; 7810.6800; 7810.8600; 7810.8605; 7810.8610; 
1.29 	7810.8615; 7810.8620; 7810.8625, subparts 1, 2, 3, 4, 6; 7810.8630, subparts 1, 
1.30 	2, 3, 4, 5, 7, 8, 9, 10; 7810.8635; 7810.8640; 7810.8645; 7810.8650; 7810.8655; 
1.31 	7810.8660; 7810.8665; 7810.8670; 7810.8675; 7810.8680; 7810.8685; 
1.32 	7810.8690; 7810.8700; 7810.8705; 7810.8710; 7810.8715; 7810.8720; 
1.33 	7810.8725; 7810.8730; 7810.8735; 7810.8805; 7810.8810; 7810.8815.
1.34 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.35 	Section 1. [237A.01] DEFINITIONS.
2.1 		Subdivision 1.Generally. For purposes of this chapter, the following terms have 
2.2 	the meanings given.
2.3 		Subd. 2.Interconnected Voice over Internet Protocol Services (VoIP).
 2.4 	"Interconnected Voice over Internet Protocol Services" or "VoIP" means a service that:
2.5 	(1) enables real-time, two-way voice communications;
2.6 	(2) requires a broadband connection from the user's location;
2.7 	(3) requires Internet protocol-compatible customer premises equipment (CPE); and
2.8 	(4) permits users generally to receive calls that originate on the public switched 
2.9 	telephone network and to terminate calls to the public switched telephone network.
2.10 		Subd. 3.Commercial mobile service. "Commercial mobile service" means a 
2.11 	service as defined in United States Code, title 47, section 332(d)(1).
2.12 		Subd. 4.Basic telecommunications service. (a) "Basic telecommunications 
2.13 	service" means retail, stand-alone residential telephone exchange service that is:
2.14 	(1) wireline-telecommunications service provided to and purchased by a residential 
2.15 	end user;
2.16 	(2) not part of a package of features, services, or products;
2.17 	(3) not part of a customer-specific contract; and
2.18 	(4) not sold in a promotion or otherwise offered at a discounted price.
2.19 	(b) Basic telecommunications service includes each of the following:
2.20 	(1) voice-grade access to the public switched telephone network;
2.21 	(2) dual-tone multifrequency signaling and single-party telecommunications service;
2.22 	(3) access to:
2.23 	(i) emergency services, including 911 and enhanced 911 where available;
2.24 	(ii) local operator services;
2.25 	(iii) local directory assistance;
2.26 	(iv) telephone relay services; and
2.27 	(v) interexchange service, regardless of the interexchange carrier selected; and
2.28 	(4) toll service blocking.
2.29 		Subd. 5.Commission. "Commission" means the Public Utilities Commission.
2.30 		Subd. 6.Competitive local exchange carrier or CLEC. "Competitive local 
2.31 	exchange carrier" or "CLEC" means a local exchange carrier who was granted a certificate 
2.32 	of authority to provide service after February 8, 1996.
2.33 		Subd. 7.Eligible telecommunications carrier. "Eligible telecommunications 
2.34 	carrier" or "ETC" means a common carrier designated as an eligible telecommunications 
2.35 	carrier to receive universal service support in accordance with United States Code, title 
2.36 	254.
3.1 		Subd. 8.End user. "End user" means a retail customer of a telecommunications 
3.2 	provider.
3.3 		Subd. 9.Exchange access. "Exchange access" means the offering of switched 
3.4 	access to telephone exchange services or facilities for the purpose of the origination or 
3.5 	termination of telephone toll services within the state.
3.6 		Subd. 10.Incumbent local exchange carrier or ILEC. "Incumbent local exchange 
3.7 	carrier" or "ILEC" means a local exchange carrier who was granted a certificate of 
3.8 	authority to provide service before February 8, 1996, including any successors or assigns 
3.9 	of the carrier that provides wireline telephone exchange service.
3.10 		Subd. 11.Interexchange carrier. "Interexchange carrier" means a provider of 
3.11 	interexchange services.
3.12 		Subd. 12.Interexchange service. "Interexchange service" means the access and 
3.13 	transmission of communications between two or more local exchange areas, except 
3.14 	for two-way switched communications between local exchanges that are grouped for 
3.15 	extended area service.
3.16 		Subd. 13.InterLATA. "InterLATA" means telecommunications between a point 
3.17 	located in a local access and transport area and a point located outside that area.
3.18 		Subd. 14.IntraLATA. "IntraLATA" means telecommunications between a point 
3.19 	located in a local access and transport area and a point located inside that area.
3.20 		Subd. 15.Intrastate access service. "Intrastate access service" means exchange 
3.21 	access services and special access services within the state.
3.22 		Subd. 16.Local access and transport area or LATA. "Local access and transport 
3.23 	area" or "LATA" has the meaning given it in United States Code, title 47, section 153, 
3.24 	paragraph (25).
3.25 		Subd. 17.Local exchange carrier or LEC. "Local exchange carrier" or "LEC" 
3.26 	means any person that is engaged in the provision of telephone exchange service or 
3.27 	exchange access and includes competitive local exchange carriers and incumbent local 
3.28 	exchange carriers.
3.29 		Subd. 18.Nonbasic telecommunications service. "Nonbasic telecommunications 
3.30 	service" means all retail telecommunications services that are not defined as basic 
3.31 	telecommunications service, including any telecommunication services that are not 
3.32 	commercially available on the effective date of this chapter.
3.33 		Subd. 19.Person. "Person" includes a natural person, individual, trustee, 
3.34 	partnership, joint venture, joint-stock company, trust, organization, municipality, 
3.35 	association, limited liability company, corporation, cooperative, or other legal or 
3.36 	commercial entity.
4.1 		Subd. 20.Regulated services. "Regulated services" are basic residential services, 
4.2 	instrastate-interexchange services, and intrastate switched access services.
4.3 		Subd. 21.Retail telecommunications service. "Retail telecommunications service" 
4.4 	means basic telecommunications service and nonbasic telecommunications service offered 
4.5 	by a telecommunications provider to its end users.
4.6 		Subd. 22.Telecommunications. "Telecommunications" means the transmission, 
4.7 	between or among points specified by the user, of information of the user's choosing, 
4.8 	without change in the form or content of the information as sent and received.
4.9 		Subd. 23.Telecommunications service. "Telecommunications service" means the 
4.10 	offering of telecommunications for a fee directly to the public, or to such classes of users 
4.11 	as to be effectively available directly to the public, regardless of the facilities used.
4.12 		Subd. 24.Telecommunications provider. "Telecommunications provider" means 
4.13 	a person or entity that offers any telecommunications service as defined in this chapter, 
4.14 	including local exchange carriers and interexchange services.
4.15 		Subd. 25.Telephone exchange service. "Telephone exchange service" means:
4.16 	(1) service within a telephone exchange, or within a connected system of 
4.17 	telephone exchanges within the same exchange area operated to furnish to subscribers 
4.18 	intercommunicating service of the character ordinarily furnished by a single exchange, 
4.19 	and which is covered by the exchange service charge; or
4.20 	(2) comparable service provided through a system of switches, transmission 
4.21 	equipment, or other facilities, or combination thereof, by which a subscriber can originate 
4.22 	and terminate a telecommunications service.
4.23 		Subd. 26.Wholesale telecommunications service. "Wholesale telecommunications 
4.24 	service" means:
4.25 	(1) any telecommunications service offered under an interconnection agreement 
4.26 	between an ILEC and a CLEC pursuant to sections 251 and 252 of the 1996 Act; or
4.27 	(2) intrastate access service.
4.28 		Subd. 27.1996 Act. "1996 Act" means the federal Telecommunications Act of 
4.29 	1996, Public Law 104-104, United States Code, title 47, section 151 et seq.

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

5.11 	Sec. 3. [237A.03] BROADBAND GOALS.
5.12 		Subdivision 1.Universal access and high-speed goal. It is a goal of the state of 
5.13 	Minnesota that as soon as possible, but no later than 2015, all state residents and businesses 
5.14 	have access to high-speed broadband that provides minimum download speeds of ten to 
5.15 	20 megabits per second and minimum upload speeds of five to ten megabits per second.
5.16 		Subd. 2.State broadband leadership position. It is a goal of the state of Minnesota 
5.17 	that by 2015 and thereafter, the state be in:
5.18 	(1) the top five states of the United States for broadband speed universally accessible 
5.19 	to residents and businesses;
5.20 	(2) the top five states for broadband access; and
5.21 	(3) the top 15 when compared to countries globally for broadband penetration.
5.22 		Subd. 3.Annual reports. The MPUC must annually, by February 10, report on the 
5.23 	achievement of the goals under subdivisions 1 and 2 to the chairs and ranking minority 
5.24 	members of the legislative committees with primary jurisdiction over telecommunication 
5.25 	issues. The report on goals under subdivision 1 must be made through 2015.

5.26 	Sec. 4. [237A.04] JURISDICTION OF COMMISSION, DEPARTMENT, AND 
5.27 	ATTORNEY GENERAL.
5.28 		Subdivision 1.Commission jurisdiction under this chapter. (a) Notwithstanding 
5.29 	any other provision of this chapter, the commission may exercise all authority expressly 
5.30 	granted to it by Minnesota or federal law, and all authority expressly delegated to 
5.31 	the commission by the Federal Communications Commission, with respect to any 
5.32 	telecommunications provider concerning:
6.1 	(1) wholesale telecommunications services in Minnesota, by means of the 
6.2 	arbitration, approval, and enforcement of interconnection agreements in accordance with, 
6.3 	and subject to, sections 251 and 252 of the 1996 Act;
6.4 	(2) the terms, conditions, rates, and charges applicable to intrastate access service 
6.5 	within Minnesota;
6.6 	(3) basic telecommunications services;
6.7 	(4) the telecommunications access Minnesota (TAM) program and Minnesota 
6.8 	telephone assistance program (TAP);
6.9 	(5) administration of dialing codes and numbering issues under Minnesota or federal 
6.10 	law;
6.11 	(6) designation of eligible telecommunications carriers under United States Code, 
6.12 	title 47, section 214, and administration of state or federal universal service or high-cost 
6.13 	funds; and
6.14 	(7) the annual reporting of jurisdictional revenues by telecommunications service 
6.15 	providers and advanced services providers for the purpose of assessments under section 
6.16 	237A.36.
6.17 	(b) The commission does not have jurisdiction or authority for entities who have 
6.18 	elected to be subject to chapter 237A, beyond the authority expressly granted in this 
6.19 	chapter, including but not limited to, rates and charges, terms and conditions of service, 
6.20 	filing of schedules or tariffs, market entry or exit, depreciation requirements, quality of 
6.21 	service, long-term financing arrangements or other obligations, asset sales, mergers or 
6.22 	acquisitions, or any other matter that was within the jurisdiction of the commission before 
6.23 	the effective date of this section.
6.24 		Subd. 2.Department of Commerce authority. Except for the authority expressly 
6.25 	delegated to it in this chapter, the Department of Commerce does not have oversight over, 
6.26 	or authority with respect to, any of the matters governed by this chapter.

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

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

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

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

9.23 	Sec. 9. [237A.09] CERTIFICATION, REGISTRATION, AND MAPPING.
9.24 		Subdivision 1.Application for certificate of authority; fee. (a) Before a 
9.25 	telecommunications provider may offer regulated services to end users in Minnesota, the 
9.26 	telecommunications provider must receive a certificate of authority from the commission. 
9.27 	The commission shall issue a certificate of authority within 30 days after receipt of a 
9.28 	completed application. A telecommunications provider seeking a certificate of authority 
9.29 	under this chapter shall submit an application on a form prescribed by the commission. The 
9.30 	form must require the telecommunications provider to provide the following information:
9.31 	(1) the legal name of the telecommunications provider and any name under which 
9.32 	the telecommunications provider does or will do business in Minnesota, as authorized 
9.33 	by the secretary of state;
9.34 	(2) a certification from the secretary of state authorizing the telecommunications 
9.35 	provider to do business in Minnesota;
10.1 	(3) the address and telephone number of the telecommunications provider, along 
10.2 	with contact information for the person responsible for ongoing communications with 
10.3 	the commission;
10.4 	(4) the legal name, address, and telephone number of the parent company of the 
10.5 	telecommunications provider, if any;
10.6 	(5) a description of each service area in Minnesota in which the telecommunications 
10.7 	provider proposes to offer telecommunications service;
10.8 	(6) a list of other states in which the telecommunications provider offers 
10.9 	telecommunications service, including the type of telecommunications service offered; and
10.10 	(7) information demonstrating the financial, managerial, and technical ability of the 
10.11 	telecommunications provider to provide telecommunications service in Minnesota.
10.12 	(b) At the time of filing an application under this section, the commission may 
10.13 	collect a filing fee from the applicant, not to exceed $300.
10.14 		Subd. 2.Interconnected VoIP provider registration. (a) Interconnected VoIP 
10.15 	providers shall register with the commission within 60 days after beginning operation by 
10.16 	submitting a registration form. The form must require the interconnected VoIP service 
10.17 	provider to provide the following information:
10.18 	(1) the legal name of the interconnected VoIP provider and any name under which it 
10.19 	does or will do business in Minnesota, as authorized by the secretary of state;
10.20 	(2) a certification from the secretary of state authorizing the interconnected VoIP 
10.21 	provider to do business in Minnesota;
10.22 	(3) the address and telephone number of the interconnected VoIP provider, along 
10.23 	with contact information for the person responsible for ongoing communications with 
10.24 	the commission; and
10.25 	(4) a description of the services being provided by the interconnected VoIP provider 
10.26 	in Minnesota.
10.27 	(b) The registration requirement in paragraph (a) does not apply to any 
10.28 	interconnected VoIP provider that:
10.29 	(1) is also a telecommunications provider; and
10.30 	(2) has received a certificate of authority from the commission under this chapter.
10.31 		Subd. 3.Map. Every local exchange carrier authorized to provide telephone 
10.32 	exchange service under this chapter shall file and maintain a territorial map.
10.33 		Subd. 4.Compensation. Telephone companies providing long-distance telephone 
10.34 	services shall pay compensation to telephone companies providing local telephone 
10.35 	services that includes a fair and reasonable portion of:
11.1 	(1) the costs of local exchange facilities used in connection with long-distance 
11.2 	telephone services, including facilities connecting a customer to local switching facilities; 
11.3 	and
11.4 	(2) the common costs of companies providing local telephone services.
11.5 		Subd. 5.Discontinuance. (a) In the event that an interexchange carrier fails to pay 
11.6 	full compensation to a local exchange carrier and a valid dispute has not been registered 
11.7 	between the companies, the local exchange carrier may discontinue accepting traffic 
11.8 	from that interexchange carrier if the local exchange carrier provides notice of intent to 
11.9 	disconnect the interexchange carrier to the commission.
11.10 	(b) Any person objecting to the discontinuance must file an objection with the 
11.11 	commission within 20 days.
11.12 	(c) The commission will investigate and ascertain whether public convenience 
11.13 	requires continued service to the interexchange carrier and if the commission so finds, 
11.14 	the commission shall fix the compensation, terms, and conditions of the continuance of 
11.15 	service between the companies.
11.16 	(d) Unless the commission issues an order upholding the objection within 30 days 
11.17 	of its filing, it will be deemed overruled.
11.18 		Subd. 6.Price for interconnection or network element. For telephone companies 
11.19 	with more than 50,000 access lines, the prices for interconnection or network elements to 
11.20 	be established by the commission in any pending or future proceeding shall be based on a 
11.21 	forward-looking economic cost methodology which shall include, but is not limited to, 
11.22 	consideration of the following:
11.23 	(1) the use of the most efficient telecommunications technology currently available 
11.24 	and the least cost network configuration, given the existing location of the incumbent 
11.25 	telephone company's wire centers;
11.26 	(2) forward-looking depreciation rates;
11.27 	(3) a reasonable allocation of forward-looking joint and common costs;
11.28 	(4) forward-looking cost of capital; and
11.29 	(5) Minnesota tax rates, and where applicable, Minnesota facility placement 
11.30 	requirements, Minnesota topography, and Minnesota climate.

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

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

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

14.19 	Sec. 13. [237A.13] USE AND REGULATION OF PUBLIC RIGHT-OF-WAY.
14.20 		Subdivision 1.Legislative finding. The legislature finds, and establishes the 
14.21 	principle that, it is in the state's interest that the use and regulation of public rights-of-way 
14.22 	be carried on in a fair, efficient, competitively neutral, and substantially uniform manner, 
14.23 	while recognizing such regulation must reflect the distinct engineering, construction, 
14.24 	operation, maintenance and public and worker safety requirements, and standards 
14.25 	applicable to various users of public rights-of-way. Because of the potential for installation 
14.26 	by telecommunication companies of multiple and competing facilities within the public 
14.27 	rights-of-way, the legislature finds it is necessary to enact the provisions of this section 
14.28 	and section 237A.12 to specifically authorize local government units to regulate the use of 
14.29 	public rights-of-way by telecommunications right-of-way users.
14.30 		Subd. 2.Generally. (a) Subject to this section, a telecommunications right-of-way 
14.31 	user authorized to do business under the laws of this state or by license of the Federal 
14.32 	Communications Commission may construct, maintain, and operate conduit, cable, 
14.33 	switches, and related appurtenances and facilities along, across, upon, above, and under 
14.34 	any public right-of-way.
15.1 	(b) Subject to this section, a local government unit has the authority to manage its 
15.2 	public rights-of-way and to recover its rights-of-way management costs. The authority 
15.3 	defined in this section may be exercised at the option of the local government unit. The 
15.4 	exercise of this authority is not mandated under this section. A local government unit 
15.5 	may, by ordinance:
15.6 	(1) require a telecommunications right-of-way user seeking to excavate or obstruct a 
15.7 	public right-of-way for the purpose of providing telecommunications services to obtain a 
15.8 	right-of-way permit to do so and to impose permit conditions consistent with the local 
15.9 	government unit's management of the right-of-way;
15.10 	(2) require a telecommunications right-of-way user using, occupying, or seeking 
15.11 	to use or occupy a public right-of-way for the purpose of providing telecommunications 
15.12 	services to register with the local government unit by providing the local government unit 
15.13 	with the following information:
15.14 	(i) the applicant's name, gopher state one-call registration number under section 
15.15 	216D.03, address, and telephone and facsimile numbers;
15.16 	(ii) the name, address, and telephone and facsimile numbers of the applicant's local 
15.17 	representative;
15.18 	(iii) proof of adequate insurance; and
15.19 	(iv) other information deemed reasonably necessary by the local government unit for 
15.20 	the efficient administration of the public right-of-way; and
15.21 	(3) require telecommunications right-of-way users to submit to the local government 
15.22 	unit plans for construction and major maintenance that provide reasonable notice to the 
15.23 	local government unit of projects that the telecommunications right-of-way user expects 
15.24 	to undertake that may require excavation and obstruction of public rights-of-way.
15.25 	(c) A local government unit may also require a telecommunications right-of-way 
15.26 	user that is registered with the local government unit pursuant to paragraph (b), clause (2), 
15.27 	to periodically update the information in its registration application.
15.28 		Subd. 3.Restoration. (a) A telecommunications right-of-way user, after an 
15.29 	excavation of a public right-of-way, shall provide for restoration of the right-of-way and 
15.30 	surrounding areas, including the pavement and its foundation, in the same condition that 
15.31 	existed before the excavation. Local government units that choose to perform their own 
15.32 	surface restoration required as a result of the excavation may require telecommunications 
15.33 	right-of-way users to reimburse the reasonable costs of that surface restoration. Restoration 
15.34 	of the public right-of-way must be completed within the dates specified in the right-of-way 
15.35 	permit, unless the permittee obtains a waiver or a new or amended right-of-way permit.
16.1 	(b) If a telecommunications right-of-way user elects not to restore the public 
16.2 	right-of-way, a local government unit may impose a degradation fee in lieu of restoration 
16.3 	to recover costs associated with a decrease in the useful life of the public right-of-way 
16.4 	caused by the excavation of the right-of-way by a telecommunications right-of-way user.
16.5 	(c) A telecommunications right-of-way user that disturbs uncultivated sod in the 
16.6 	excavation or obstruction of a public right-of-way shall plant grasses that are native to 
16.7 	Minnesota and, wherever practicable, that are of the local ecotype, as part of the restoration 
16.8 	required under this subdivision, unless the owner of the real property over which the public 
16.9 	right-of-way traverses objects. In restoring the right-of-way, the telecommunications 
16.10 	right-of-way user shall consult with the Department of Natural Resources regarding the 
16.11 	species of native grasses that conform to the requirements of this paragraph.
16.12 		Subd. 4.Permit denial or revocation. (a) A local government unit may deny any 
16.13 	application for a right-of-way permit if the telecommunications right-of-way user does not 
16.14 	comply with a provision of this section.
16.15 	(b) A local government unit may deny an application for a right-of-way permit if the 
16.16 	local government unit determines that the denial is necessary to protect the health, safety, 
16.17 	and welfare or when necessary to protect the public right-of-way and its current use.
16.18 	(c) A local government unit may revoke a right-of-way permit granted to a 
16.19 	telecommunications right-of-way user, with or without fee refund, in the event of a 
16.20 	substantial breach of the terms and conditions of statute, ordinance, rule, or regulation or 
16.21 	any material condition of the permit. A substantial breach by a permittee includes, but 
16.22 	is not limited to, the following:
16.23 	(1) a material violation of a provision of the right-of-way permit;
16.24 	(2) an evasion or attempt to evade any material provision of the right-of-way permit, 
16.25 	or the perpetration or attempt to perpetrate any fraud or deceit upon the local government 
16.26 	unit or its citizens;
16.27 	(3) a material misrepresentation of fact in the right-of-way permit application;
16.28 	(4) a failure to complete work in a timely manner, unless a permit extension is 
16.29 	obtained or unless the failure to complete work is due to reasons beyond the permittee's 
16.30 	control; and
16.31 	(5) a failure to correct, in a timely manner, work that does not conform to applicable 
16.32 	standards, conditions, or codes, upon inspection and notification by the local government 
16.33 	unit of the faulty condition.
16.34 	(d) Subject to this subdivision, a local government unit may not deny an 
16.35 	application for a right-of-way permit for failure to include a project in a plan submitted 
16.36 	to the local government unit under subdivision 2, paragraph (b), clause (3), when the 
17.1 	telecommunications right-of-way user has used commercially reasonable efforts to 
17.2 	anticipate and plan for the project.
17.3 	(e) In no event may a local government unit unreasonably withhold approval of an 
17.4 	application for a right-of-way permit, or unreasonably revoke a permit.
17.5 		Subd. 5.Appeal. A telecommunications right-of-way user that: (1) has been denied 
17.6 	registration; (2) has been denied a right-of-way permit; (3) has had its right-of-way permit 
17.7 	revoked; or (4) believes that the fees imposed on the user by the local government unit 
17.8 	do not conform to the requirements of subdivision 6, may have the denial, revocation, 
17.9 	or fee imposition reviewed, upon written request, by the governing body of the local 
17.10 	government unit. The governing body of the local government unit shall act on a timely 
17.11 	written request at its next regularly scheduled meeting. A decision by the governing body 
17.12 	affirming the denial, revocation, or fee imposition must be in writing and supported by 
17.13 	written findings establishing the reasonableness of the decision.
17.14 		Subd. 6.Fees. (a) A local government unit may recover its right-of-way 
17.15 	management costs by imposing a fee for registration, a fee for each right-of-way permit, 
17.16 	or, when appropriate, a fee applicable to a particular telecommunications right-of-way 
17.17 	user when that user causes the local government unit to incur costs as a result of actions or 
17.18 	inactions of that user. A local government unit may not recover from a telecommunications 
17.19 	right-of-way user costs caused by another entity's activity in the right-of-way.
17.20 	(b) Fees, or other right-of-way obligations, imposed by a local government unit on 
17.21 	telecommunications right-of-way users under this section must be:
17.22 	(1) based on the actual costs incurred by the local government unit in managing 
17.23 	the public right-of-way;
17.24 	(2) based on an allocation among all users of the public right-of-way, including the 
17.25 	local government unit itself, which shall reflect the proportionate costs imposed on the 
17.26 	local government unit by each of the various types of uses of the public rights-of-way;
17.27 	(3) imposed on a competitively neutral basis; and
17.28 	(4) imposed in a manner so that aboveground uses of public rights-of-way do not 
17.29 	bear costs incurred by the local government unit to regulate underground uses of public 
17.30 	rights-of-way.
17.31 	(c) The rights, duties, and obligations regarding the use of the public right-of-way 
17.32 	imposed under this section must be applied to all users of the public right-of-way, 
17.33 	including the local government unit while recognizing regulation must reflect the 
17.34 	distinct engineering, construction, operation, maintenance and public and worker safety 
17.35 	requirements, and standards applicable to various users of the public rights-of-way. 
17.36 	For users subject to the franchising authority of a local government unit, to the extent 
18.1 	those rights, duties, and obligations are addressed in the terms of an applicable franchise 
18.2 	agreement, the terms of the franchise shall prevail over any conflicting provision in an 
18.3 	ordinance.
18.4 		Subd. 7.Additional right-of-way provisions. (a) In managing the public 
18.5 	rights-of-way and in imposing fees under this section, no local government unit may:
18.6 	(1) unlawfully discriminate among telecommunications right-of-way users;
18.7 	(2) grant a preference to any telecommunications right-of-way user;
18.8 	(3) create or erect any unreasonable requirement for entry to the public rights-of-way 
18.9 	by telecommunications right-of-way users; or
18.10 	(4) require a telecommunications right-of-way user to obtain a franchise or pay 
18.11 	for the use of the right-of-way.
18.12 	(b) A telecommunications right-of-way user need not apply for or obtain 
18.13 	right-of-way permits for facilities that are located in public rights-of-way on May 10, 
18.14 	1997, for which the user has obtained the required consent of the local government 
18.15 	unit, or that are otherwise lawfully occupying the public right-of-way. However, the 
18.16 	telecommunications right-of-way user may be required to register and to obtain a 
18.17 	right-of-way permit for an excavation or obstruction of existing facilities within the public 
18.18 	right-of-way after May 10, 1997.
18.19 	(c) Data and documents exchanged between a local government unit and a 
18.20 	telecommunications right-of-way user are subject to the terms of chapter 13. A local 
18.21 	government unit not complying with this paragraph is subject to the penalties set forth in 
18.22 	section 13.08.
18.23 	(d) A local government unit may not collect a fee imposed under this section through 
18.24 	the provision of in-kind services by a telecommunications right-of-way user, nor may a 
18.25 	local government unit require the provision of in-kind services as a condition of consent to 
18.26 	use the local government unit's public right-of-way.
18.27 		Subd. 8.Uniform statewide standards. (a) To ensure the safe and convenient use 
18.28 	of public rights-of-way in the state, the Public Utilities Commission shall develop and 
18.29 	adopt by June 1, 1999, statewide construction standards for the purposes of achieving 
18.30 	substantial statewide uniformity in construction standards where appropriate, providing 
18.31 	competitive neutrality among telecommunications right-of-way users, and permitting 
18.32 	efficient use of technology. The standards shall govern:
18.33 	(1) the terms and conditions of right-of-way construction, excavation, maintenance, 
18.34 	and repair; and
18.35 	(2) the terms and conditions under which telecommunications facilities and 
18.36 	equipment are placed in the public right-of-way.
19.1 	(b) The Public Utilities Commission is authorized to review, upon complaint by 
19.2 	an aggrieved telecommunications right-of-way user, a decision or regulation by a local 
19.3 	government unit that is alleged to violate a statewide standard.
19.4 	(c) A local unit of government may not adopt an ordinance or other regulation 
19.5 	that conflicts with a standard adopted by the commission for the purposes described in 
19.6 	paragraph (a).

19.7 	Sec. 14. [237A.14] COMBINED LOCAL ACCESS SURCHARGE.
19.8 		Subdivision 1.Local exchange carriers. Each local exchange carrier shall collect 
19.9 	from each subscriber an amount per telephone access line representing the total of the 
19.10 	surcharges required under sections 237A.18, 237A.29, and 403.11. Amounts collected 
19.11 	must be remitted to the commissioner of public safety in the manner prescribed in section 
19.12 	403.11. The commissioner of public safety shall divide the amounts received and deposit 
19.13 	them in the appropriate accounts. The commissioner of public safety may recover from 
19.14 	the agencies receiving the surcharges the personnel and administrative costs to collect and 
19.15 	distribute the surcharge. A carrier or the billing agent for a carrier shall list the surcharges 
19.16 	as one amount on a billing statement sent to a subscriber.
19.17 		Subd. 2.Interconnected Voice over Internet Protocol (VoIP) providers.
 19.18 	Interconnected VoIP providers shall collect from each end user an amount per Minnesota 
19.19 	telephone number assigned to end user's account representing the total of the surcharges 
19.20 	required under sections 237A.18, 237A.29, and 403.11. Amounts collected must be 
19.21 	remitted to the commissioner of public safety in the manner prescribed in section 403.11. 
19.22 	The commissioner of public safety shall divide the amounts received and deposit them 
19.23 	in the appropriate accounts. The commissioner of public safety may recover from the 
19.24 	agencies receiving the surcharges the personnel and administrative costs to collect and 
19.25 	distribute the surcharge. An interconnected VoIP provider or its billing agent shall list the 
19.26 	surcharges as one amount on a billing statement sent to a subscriber.

19.27 	Sec. 15. [237A.15] COMBINED PER NUMBER FEE.
19.28 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
19.29 	section.
19.30 	(b) "911 emergency and public safety communications program" means the program 
19.31 	governed by chapter 403.
19.32 	(c) "Minnesota telephone number" means a ten-digit telephone number being used 
19.33 	to connect to the public switched telephone network and starting with area code 218, 320, 
19.34 	507, 612, 651, 763, or 952, or any subsequent area code assigned to this state.
20.1 	(d) "Service provider" means a provider doing business in this state who provides 
20.2 	real-time, two-way voice service with a Minnesota telephone number.
20.3 	(e) "Telecommunications access Minnesota program" means the program governed 
20.4 	by sections 237A.16 to 237A.21.
20.5 	(f) "Telephone assistance program" means the program governed by sections 
20.6 	237A.28 to 237A.30.
20.7 		Subd. 2.Per number fee. (a) Annually, the commission will set the fee at a level 
20.8 	calculated to generate only the amount of revenue necessary to fund:
20.9 	(1) the telephone assistance program and the telecommunications access Minnesota 
20.10 	program at the levels established by the commission under sections 237A.18, subdivision 
20.11 	2, and 237A.29; and
20.12 	(2) the 911 emergency and public safety communications program at the levels 
20.13 	appropriated by law to the commissioner of public safety and the commissioner of 
20.14 	management and budget for purposes of sections 403.11, 403.113, 403.27, 403.30, and 
20.15 	403.31 for each fiscal year.
20.16 	(b) The recommendations must include any changes to Minnesota Statutes necessary 
20.17 	to establish the procedures whereby each service provider, to the extent allowed under 
20.18 	federal law, would collect and remit the fee proceeds to the commissioner of revenue. The 
20.19 	commissioner of revenue would allocate the fee proceeds to the three funding areas in 
20.20 	paragraph (a) and credit the allocations to the appropriate accounts.
20.21 	(c) The per access line fee used to collect revenues to support the TAP, TAM, and 
20.22 	911 programs remains in effect until the statutory changes necessary to implement the per 
20.23 	telephone number fee have been enacted into law and taken effect.
20.24 	(d) As part of the process of developing the surcharge amount required under 
20.25 	paragraph (a), the commission must, at a minimum, consult regularly with the Departments 
20.26 	of Public Safety, Management and Budget, and Administration; service providers; 
20.27 	the chairs and ranking minority members of the senate and house of representatives 
20.28 	committees; subcommittees; and divisions having jurisdiction over telecommunications 
20.29 	and public safety; and other affected parties.

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

21.23 	Sec. 17. [237A.17] TELECOMMUNICATIONS ACCESS MINNESOTA 
21.24 	PROGRAM ADMINISTRATION.
21.25 		Subdivision 1.Creation. The commission shall:
21.26 	(1) administer through interagency agreement with the commissioner 
21.27 	of human services a program to distribute communication devices to eligible 
21.28 	communication-impaired persons; and
21.29 	(2) contract with a qualified vendor that serves communication-impaired persons 
21.30 	to create and maintain a telecommunication relay service.
21.31 	For purposes of sections 237A.17 to 237A.22, the commission and any organization with 
21.32 	which it contracts pursuant to this section or section 237A.20 are not telephone companies 
21.33 	or telecommunications carriers as defined in section 237A.01.
21.34 		Subd. 2.Duties of commission. In addition to any duties specified elsewhere in 
21.35 	sections 237A.17 to 237A.22, the commission shall:
22.1 	(1) prepare the reports required by section 237A.21; and
22.2 	(2) administer the fund created in section 237A.18.
22.3 		Subd. 3.Department of Human Services duties. (a) In addition to any duties 
22.4 	specified elsewhere in sections 237A.17 to 237A.22, the commissioner of human services 
22.5 	shall:
22.6 	(1) define economic hardship, special needs, and household criteria so as to 
22.7 	determine the priority of eligible applicants for initial distribution of devices and to 
22.8 	determine circumstances necessitating provision of more than one communication device 
22.9 	per household;
22.10 	(2) establish a method to verify eligibility requirements;
22.11 	(3) establish specifications for communication devices to be purchased under section 
22.12 	237A.19, subdivision 3; and
22.13 	(4) inform the public and specifically the community of communication-impaired 
22.14 	persons of the program.
22.15 	(b) The commissioner may establish an advisory board to advise the department 
22.16 	in carrying out the duties specified in this section and to advise the commissioner of 
22.17 	commerce in carrying out duties under section 237A.20. If so established, the advisory 
22.18 	board must include, at a minimum, the following communication-impaired persons:
22.19 	(1) at least one member who is deaf;
22.20 	(2) at least one member who is speech impaired;
22.21 	(3) at least one member who is mobility impaired; and
22.22 	(4) at least one member who is hard-of-hearing.
22.23 	The membership terms, compensation, and removal of members and the filling of 
22.24 	membership vacancies are governed by section 15.059. Advisory board meetings shall be 
22.25 	held at the discretion of the commissioner.

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

24.14 	Sec. 19. [237A.19] COMMUNICATION DEVICE.
24.15 		Subdivision 1.Application. A person applying for a communication device 
24.16 	under this section must apply to the program administrator on a form prescribed by the 
24.17 	Department of Human Services.
24.18 		Subd. 2.Eligibility. To be eligible to obtain a communication device under this 
24.19 	section, a person must be:
24.20 	(1) able to benefit from and use the equipment for its intended purpose;
24.21 	(2) communication impaired;
24.22 	(3) a resident of the state;
24.23 	(4) a resident in a household that has a median income at or below the applicable 
24.24 	median household income in the state, except a deaf and blind person applying for a 
24.25 	telebraille unit may reside in a household that has a median income no more than 150 
24.26 	percent of the applicable median household income in the state; and
24.27 	(5) a resident in a household that has telephone service or that has made application 
24.28 	for service and has been assigned a telephone number; or a resident in a residential care 
24.29 	facility, such as a nursing home or group home where telephone service is not included as 
24.30 	part of overall service provision.
24.31 		Subd. 3.Distribution. The commissioner of human services shall purchase and 
24.32 	distribute a sufficient number of communication devices so that each eligible household 
24.33 	receives an appropriate device. The commissioner of human services shall distribute the 
24.34 	devices to eligible households in each service area free of charge as determined under 
24.35 	section 237A.17, subdivision 3.
25.1 		Subd. 4.Training; maintenance. The commissioner of human services shall 
25.2 	maintain the communication devices until the warranty period expires, and provide 
25.3 	training, without charge, to first-time users of the devices.
25.4 		Subd. 5.Wiring installation. If a communication-impaired person is not served by 
25.5 	telephone service and is subject to economic hardship as determined by the Department 
25.6 	of Human Services, the telephone company providing local service shall at the direction 
25.7 	of the administrator of the program install necessary outside wiring without charge to 
25.8 	the household.
25.9 		Subd. 6.Ownership. All communication devices purchased pursuant to subdivision 
25.10 	3 will become the property of the state of Minnesota.
25.11 		Subd. 7.Standards. The communication devices distributed under this section must 
25.12 	comply with the electronic industries association standards and approved by the Federal 
25.13 	Communications Commission. The commissioner of human services must provide each 
25.14 	eligible person a choice of several models of devices, the retail value of which may not 
25.15 	exceed $600 for a communication device for the deaf, and a retail value of $7,000 for a 
25.16 	telebraille device, or an amount authorized by the Department of Human Services for a 
25.17 	telephone device for the deaf with auxiliary equipment.

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

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

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

26.7 	Sec. 23. [237A.23] ANTISLAMMING.
26.8 		Subdivision 1.Antislamming duties of local telephone company. If a customer 
26.9 	elects, the local exchange carrier serving the customer shall not process a request to serve 
26.10 	the customer by another telecommunications provider without prior authorization from 
26.11 	the customer. If a customer has not elected to exercise the right to prior authorization, 
26.12 	the company may process a request to serve the customer by another telecommunications 
26.13 	carrier.
26.14 		Subd. 2.Antislamming duties of soliciting carrier. (a) A telecommunications 
26.15 	carrier may request that the local exchange carrier serving a customer process a change 
26.16 	in that customer's interexchange services provider, if the customer has authorized the 
26.17 	change either orally or in writing signed by the customer. Prior to requesting a change in a 
26.18 	customer's interexchange services provider, the carrier must confirm:
26.19 	(1) the customer's identity with information unique to the customer, unless the 
26.20 	customer refused to provide identifying information, then that fact should be noted;
26.21 	(2) that the customer has been informed of the offering made by the carrier;
26.22 	(3) that the customer understands that the customer is being requested to change 
26.23 	interexchange service providers;
26.24 	(4) that the customer has the authority to authorize the change; and
26.25 	(5) that the customer agrees to the change.
26.26 	(b) After requesting the change in interexchange service provider, the carrier must:
26.27 	(1) notify the customer in writing that the request has been processed; and
26.28 	(2) be able to produce, upon complaint by the customer, evidence that the carrier 
26.29 	verified the authorization by the customer to change the customer's interexchange service 
26.30 	provider. If the carrier used a negative checkoff verification procedure as defined in 
26.31 	subdivision 4, paragraph (c), the evidence must include a tape recording of the initial 
26.32 	oral authorization.
26.33 		Subd. 3.Penalty for slamming. If the carrier is not able to present, upon complaint 
26.34 	by the customer, evidence that complies with subdivision 2, paragraph (b), clause (2), the 
27.1 	change to the service of the carrier is deemed to be unauthorized from the date the carrier 
27.2 	requested the change. In that event, the carrier shall:
27.3 	(1) bear all costs of immediately returning the customer to the service of the 
27.4 	customer's original service provider; and
27.5 	(2) bear all costs of serving that customer during the period of unauthorized service.
27.6 		Subd. 4.Verification procedures; evidence of authorization. (a) Customer 
27.7 	authorization for a change in the customer's interexchange service provider may be 
27.8 	verified using a verification procedure that complies with federal law or regulation. 
27.9 	Except as provided in paragraph (b), the requirement that the carrier be able to produce 
27.10 	evidence of customer authorization is satisfied if the carrier uses a federally authorized 
27.11 	verification procedure.
27.12 	(b) If a federal law or regulation authorizes a carrier to use negative checkoff 
27.13 	verification procedures, and the carrier does so, the carrier must be able to produce a tape 
27.14 	recording of the initial oral authorization by the customer to change long-distance service 
27.15 	providers as evidence of the authorization. The initial oral authorization must include 
27.16 	confirmation of the items listed in subdivision 2, paragraph (a).
27.17 	(c) "Negative checkoff" means a verification procedure that consists of:
27.18 	(1) an initial oral authorization by the customer to change long-distance service 
27.19 	providers; and
27.20 	(2) a mailing to the customer by the soliciting interexchange service provider 
27.21 	regarding the change in service providers that informs the customer that if the customer 
27.22 	fails to cancel the change in service providers, the change will be deemed authorized and 
27.23 	verified.

27.24 	Sec. 24. [237A.24] NOTICE AND DISCLOSURE REQUIREMENTS OF 
27.25 	LONG-DISTANCE PROVIDERS.
27.26 		Subdivision 1.Information required. When contacted by a customer regarding 
27.27 	the purchase of long-distance telecommunications services, or when soliciting customers 
27.28 	via mail or telephone, a provider of long-distance services shall provide the customer 
27.29 	with the following information, if the service is being offered to the customer, about the 
27.30 	service offering either orally or in writing:
27.31 	(1) the price or range of prices of interstate message toll service accessed by dialing 
27.32 	"1+" or "10-xxx," including any difference in prices for evening, night, or weekend calls;
27.33 	(2) the price or range of prices of intrastate interLATA message toll service accessed 
27.34 	by dialing "1+" or "10-xxx," including any difference in prices for evening, night, or 
27.35 	weekend calls;
28.1 	(3) the price or range of prices of intrastate intraLATA message toll service accessed 
28.2 	by dialing "1+" or "10-xxx," including any difference in prices for evening, night, or 
28.3 	weekend;
28.4 	(4) any minimum volume requirements, fixed flat fees, service charges, surcharges, 
28.5 	termination charges, or other non-service-specific charges, including the fact that the 
28.6 	provider of local service may charge a onetime fee for changing carriers; and
28.7 	(5) any special promotional rate or promotional offering related to the services or 
28.8 	prices described in clauses (1) to (4), including any limitations or restrictions on the 
28.9 	promotional rates or offerings.
28.10 		Subd. 2.Price, terms, and restrictions in writing. If a customer agrees to 
28.11 	purchase telecommunications services from the provider of interexchange services on a 
28.12 	presubscription basis, the provider shall send the customer written information regarding 
28.13 	services subscribed to, containing:
28.14 	(1) the information regarding prices and charges described in subdivision 1, clauses 
28.15 	(1) to (5);
28.16 	(2) the price for calls placed with a calling card issued to the customer by the 
28.17 	provider and any surcharge for placing calls with a calling card;
28.18 	(3) the price for calls charged to the customer when a personal "1-800" number for 
28.19 	long-distance services issued to the customer by the provider is used; and
28.20 	(4) the price of directory assistance calls.
28.21 	This written information must be sent to the customer within seven business days 
28.22 	from the date of the verification of the customer's authorization, unless federal law or 
28.23 	regulation requires notice to be sent by an earlier date.

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

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

30.20 	Sec. 27. [237A.27] PRIVATE SHARED SERVICES.
30.21 		Subdivision 1.Definitions. For the purposes of this section:
30.22 	(1) "private shared services" means the provision of telephone services and 
30.23 	equipment, the provision of video programming services, or the provision of broadband 
30.24 	services within a user group located in discrete private premises, in building complexes, 
30.25 	campuses, or high-rise buildings, by a commercial shared services provider or by a 
30.26 	user association, through privately owned customer premises equipment and associated 
30.27 	data processing and information management services and includes the provision 
30.28 	of connections to the facilities of a local exchange and to interexchange telephone 
30.29 	companies; and
30.30 	(2) "property owner" means a person who owns or, under a contract with the owner, 
30.31 	manages a building, property, complex, or other facility where private shared services 
30.32 	are provided.
30.33 		Subd. 2.Requirements. A property owner shall establish a single demarcation 
30.34 	point for services and facilities provided by a local exchange carrier providing local 
30.35 	exchange service in the area that is mutually agreeable to the property owner, commercial 
31.1 	shared services provider, and the telephone company. The obligation of a local exchange 
31.2 	carrier to provide service to a customer at a location where private shared services are 
31.3 	operating is limited to providing service and facilities up to the demarcation point 
31.4 	established for the property where the private shared services are operating. The property 
31.5 	owner may not (1) impose unreasonable restrictions on access to the demarcation point 
31.6 	on the premises by a telephone company or (2) discriminate against or in favor of an 
31.7 	occupant in any manner, including charging the occupant higher or lower rental charges, 
31.8 	because of the occupant's choice of local exchange carrier.
31.9 		Subd. 3.Access to alternative provider. A tenant of a building, property, 
31.10 	complex, or other facility where private shared services are operating may establish a 
31.11 	direct connection to and receive telephone exchange service from a local exchange 
31.12 	carrier providing local exchange service in the area where the private shared services 
31.13 	are operating. At the request of a tenant where a private shared system is operated, the 
31.14 	property owner shall make its facilities or conduit space available to the tenant to allow 
31.15 	the tenant to make separate connection to and to receive telephone exchange service 
31.16 	directly from the local exchange carrier operating local exchange service in the area. The 
31.17 	tenant has the choice of installing the tenant's own facilities or using the property owner's 
31.18 	existing facilities. The property owner must provide its facilities or conduit space to the 
31.19 	tenant at a reasonable rate and on reasonable terms and conditions. It is the obligation of 
31.20 	the tenant to arrange for premises wire, cable, or other equipment necessary to connect the 
31.21 	tenant's telephone equipment with the facilities of the local exchange carrier operating 
31.22 	local exchange service at the location of the demarcation point.
31.23 		Subd. 4.Enforcement. If the commission finds that a property owner has failed to 
31.24 	comply with a request under this section, the commission may order the property owner to 
31.25 	make its facilities or conduit space available sufficient to allow the tenant to make separate 
31.26 	connection with the telephone company, and provide the services at reasonable prices 
31.27 	and on reasonable terms and conditions.
31.28 		Subd. 5.Exemption. A commercial shared services provider is exempt from 
31.29 	section 237A.10 if the private shared services are only provided to tenants or for the 
31.30 	provider's own use.
31.31 		Subd. 6.Service by local telephone company. A telephone company providing 
31.32 	local exchange service shall provide service to any person in a property served by a 
31.33 	commercial shared services provider at the demarcation point within a reasonable time 
31.34 	upon request.
32.1 		Subd. 7.Obligation of property owners. Nothing in this section requires a 
32.2 	commercial shared services provider to share its wiring, cabling, or other facilities unless 
32.3 	the commercial shared services provider is the property owner.

32.4 	Sec. 28. [237A.28] TELEPHONE ASSISTANCE PLAN; DEFINITIONS.
32.5 		Subdivision 1.Scope. The terms used in sections 237A.28 to 237A.30 have the 
32.6 	meanings given them in this section.
32.7 		Subd. 2.Access line. "Access line" means telephone company-owned facilities 
32.8 	furnished to permit switched access to the telecommunications network that extend from 
32.9 	a central office to the demarcation point on the property where the subscriber is served. 
32.10 	The term includes access lines provided to residential and business subscribers, includes 
32.11 	centrex access lines on a trunk-equivalent basis, but does not include private nonswitched 
32.12 	or wide area telephone service access lines.
32.13 		Subd. 3.Commission. "Commission" means the Minnesota Public Utilities 
32.14 	Commission.
32.15 		Subd. 4.Disabled. "Disabled" has the meaning given it in section 363A.03, 
32.16 	subdivision 12.
32.17 		Subd. 5.Federal matching plan. "Federal matching plan" means any telephone 
32.18 	assistance plan formulated by the Federal Communications Commission that provides 
32.19 	federal assistance to local telephone subscribers.
32.20 		Subd. 6.Fund. "Fund" means the telephone assistance fund established in section 
32.21 	237A.30.
32.22 		Subd. 7.Income. For purposes of sections 237A.28 to 237A.30, income has the 
32.23 	meaning given it in section 290A.03, subdivision 3.
32.24 		Subd. 8.Telephone assistance plan. "Telephone assistance plan" means the plan 
32.25 	to be adopted by the commission and to be jointly administered by the commission, the 
32.26 	Department of Human Services, and local exchange carriers, as required by sections 
32.27 	237A.28 to 237A.30.
32.28 		Subd. 9.Local exchange carrier. "Local exchange carrier" has the meanings given 
32.29 	it in section 237A.01, subdivision 17, that provides local exchange telephone service.

32.30 	Sec. 29. [237A.29] DEVELOPMENT OF TELEPHONE ASSISTANCE PLAN.
32.31 		Subdivision 1.Commission responsibility. The commission shall develop a 
32.32 	telephone assistance plan under this section.
32.33 		Subd. 2.Scope. The telephone assistance plan must be statewide and apply to local 
32.34 	service providers that provide local exchange service in Minnesota.
33.1 		Subd. 3.Federal matching plan. The telephone assistance plan must contain 
33.2 	adequate provisions to enable local exchange carriers to qualify for waiver of the federal 
33.3 	interstate access charge and to enable eligible subscribers to take advantage of the federal 
33.4 	matching plan.
33.5 		Subd. 4.Household eligible for credit. The telephone assistance plan must provide 
33.6 	telephone assistance credit for a residential household in Minnesota that is eligible for the 
33.7 	federal Lifeline telephone service discount.
33.8 		Subd. 5.Nature and extent of credits. The telephone assistance plan may provide 
33.9 	for telephone assistance credits to eligible households up to the amounts available under 
33.10 	the federal matching plan. However, the credits available under the telephone assistance 
33.11 	plan may not exceed:
33.12 	(1) more than 50 percent of the local exchange rate charged for the local exchange 
33.13 	service provided to the household by that household's local service provider; and
33.14 	(2) the level of credits that can actually be funded in accordance with the limitations 
33.15 	contained in subdivision 6.
33.16 		Subd. 6.Funding. The commission shall provide for the funding of the telephone 
33.17 	assistance plan by assessing a uniform recurring monthly surcharge, not to exceed ten 
33.18 	cents per access line, or in the case of interconnected VoIP providers, not to exceed ten 
33.19 	cents per Minnesota telephone number provisioned per customer account, applicable to all 
33.20 	classes and grades of access lines provided by each local exchange carrier in the state.
33.21 		Subd. 7.Application, notice, financial administration, complaint investigation.
 33.22 	The telephone assistance plan must be administered jointly by the commission and the 
33.23 	local service providers in accordance with the following guidelines:
33.24 	(a) The commission shall develop an application form that must be completed by the 
33.25 	subscriber for the purpose of certifying eligibility for telephone assistance plan credits to 
33.26 	the local service provider. The application must contain the applicant's Social Security 
33.27 	number. Applicants who refuse to provide a Social Security number will be denied 
33.28 	telephone assistance plan credits. The application form must also include a statement that 
33.29 	the applicant household is currently eligible for one of the programs that confers eligibility 
33.30 	for the federal Lifeline Program. The application must be signed by the applicant, 
33.31 	certifying, under penalty of perjury, that the information provided by the applicant is true.
33.32 	(b) Each local exchange carrier shall annually mail a notice of the availability of 
33.33 	the telephone assistance plan to each residential subscriber in a regular billing and shall 
33.34 	mail the application form to customers when requested.
33.35 	The notice must state the following:
34.1 	YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE 
34.2 	BILL IF YOU RECEIVE BENEFITS FROM CERTAIN LOW-INCOME ASSISTANCE 
34.3 	PROGRAMS. FOR MORE INFORMATION OR AN APPLICATION FORM PLEASE 
34.4 	CONTACT .........
34.5 	(c) An application may be made by the subscriber, the subscriber's spouse, or a 
34.6 	person authorized by the subscriber to act on the subscriber's behalf. On completing the 
34.7 	application certifying that the statutory criteria for eligibility are satisfied, the applicant 
34.8 	must return the application to the subscriber's local service provider. On receiving a 
34.9 	completed application from an applicant, the subscriber's local exchange carrier shall 
34.10 	provide telephone assistance plan credits against monthly charges in the earliest possible 
34.11 	month following receipt of the application. The applicant must receive telephone 
34.12 	assistance plan credits until the earliest possible month following the service provider's 
34.13 	receipt of information that the applicant is ineligible.
34.14 	If the telephone assistance plan credit is not itemized on the subscriber's monthly 
34.15 	charges bill for local telephone service, the local service provider must notify the 
34.16 	subscriber of the approval for the telephone assistance plan credit.
34.17 	(d) The commission shall serve as the coordinator of the telephone assistance plan 
34.18 	and be reimbursed for its administrative expenses from the surcharge revenue pool. As the 
34.19 	coordinator, the commission shall:
34.20 	(1) establish a uniform statewide surcharge in accordance with subdivision 6;
34.21 	(2) establish a uniform statewide level of telephone assistance plan credit that each 
34.22 	local exchange carrier shall extend to each eligible household in its service area;
34.23 	(3) require each local exchange carrier and interconnected VoIP provider to account 
34.24 	to the commission on a periodic basis for surcharge revenues collected by the provider, 
34.25 	expenses incurred by the provider, not to include expenses of collecting surcharges, and 
34.26 	credits extended by the provider under the telephone assistance plan;
34.27 	(4) require each local exchange carrier and interconnected VoIP provider to remit 
34.28 	surcharge revenues to the Department of Public Safety for deposit in the fund; and
34.29 	(5) remit to each local exchange carrier from the surcharge revenue pool the amount 
34.30 	necessary to compensate the provider for expenses, not including expenses of collecting 
34.31 	the surcharges, and telephone assistance plan credits. When it appears that the revenue 
34.32 	generated by the maximum surcharge permitted under subdivision 6 will be inadequate to 
34.33 	fund any particular established level of telephone assistance plan credits, the commission 
34.34 	shall reduce the credits to a level that can be adequately funded by the maximum 
34.35 	surcharge. Similarly, the commission may increase the level of the telephone assistance 
35.1 	plan credit that is available or reduce the surcharge to a level and for a period of time that 
35.2 	will prevent an unreasonable overcollection of surcharge revenues.
35.3 	(e) Each local exchange carrier shall maintain adequate records of surcharge 
35.4 	revenues, expenses, and credits related to the telephone assistance plan and shall, as part 
35.5 	of its annual report or separately, provide the commission with a financial report of its 
35.6 	experience under the telephone assistance plan for the previous year. That report must also 
35.7 	be adequate to satisfy the reporting requirements of the federal matching plan.
35.8 	(f) The commission shall investigate complaints against local service providers 
35.9 	with regard to the telephone assistance plan.

35.10 	Sec. 30. [237A.30] TELEPHONE ASSISTANCE FUND; APPROPRIATION.
35.11 		Subdivision 1.Fund created; authorized expenditures. The telephone assistance 
35.12 	fund is created as a separate account in the state treasury to consist of amounts received 
35.13 	by the commissioner of public safety representing the surcharge authorized by section 
35.14 	237A.29, subdivision 6, and amounts earned on the fund assets. Money in the fund may 
35.15 	be used only for:
35.16 	(1) reimbursement to local service providers for expenses and credits allowed in 
35.17 	section 237A.29, subdivision 7, paragraph (d), clause (5);
35.18 	(2) reimbursement of the reasonable administrative expenses of the commission, 
35.19 	a portion of which may be used for periodic promotional activities, including, but not 
35.20 	limited to, radio or newspaper advertisements, to inform eligible households of the 
35.21 	availability of the telephone assistance program; and
35.22 	(3) reimbursement of the statewide indirect cost of the commission.
35.23 		Subd. 2.Appropriation. Money in the fund is appropriated to the commission to 
35.24 	be disbursed pursuant to section 237A.29, subdivision 7.

35.25 	Sec. 31. [237A.31] SCOPE.
35.26 	To the extent they regulate telecommunications right-of-way users, sections 
35.27 	237A.05, 237A.09, 237A.12, and 237A.13 supersede section 222.37, and any ordinance, 
35.28 	regulation, or rule to the contrary.

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

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

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

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

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

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

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

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

41.17 	Sec. 40. [237A.40] OBTAINING SERVICE BY FRAUD; INJUNCTION.
41.18 		Subdivision 1.Equitable relief. Whenever it appears that a person is engaged in 
41.19 	an act that constitutes or will constitute a violation of section 609.893, a representative 
41.20 	of a local exchange carrier or interexchange service provider, or a person harmed by an 
41.21 	alleged violation of section 609.893 may begin a civil proceeding in a district court to 
41.22 	enjoin the violation and may petition the court to issue an order for the discontinuance 
41.23 	of telecommunications service.
41.24 		Subd. 2.Venue. An action under this section must be brought in the county in 
41.25 	which subject matter of the action, or some part of it, is located or found, and must be 
41.26 	commenced by the filing of a complaint that must be verified by affidavit.
41.27 		Subd. 3.Temporary restraining order. If it is shown to the satisfaction of the 
41.28 	court, either by verified complaint or affidavit, that a person is engaged in an act that 
41.29 	constitutes a violation of section 609.893, the court shall issue a temporary restraining 
41.30 	order to abate and prevent the continuance or recurrence of the act. Notice of the 
41.31 	complaint shall be given and a hearing on the issuance of a temporary restraining order 
41.32 	shall be held under the Rules of Civil Procedure. The court shall direct the county sheriff 
41.33 	to seize and keep until further order of the court any device that is being used in violation 
41.34 	of section 609.893. The temporary restraining order expires after ten days.
42.1 		Subd. 4.Permanent injunction. The court may issue a permanent injunction 
42.2 	to restrain, abate, or prevent the continuance or recurrence of the violation of section 
42.3 	609.893. The court may grant declaratory relief, mandatory orders, or any other relief 
42.4 	it judges necessary to accomplish the purposes of the injunction. The court may keep 
42.5 	jurisdiction of the case for the purpose of enforcing its orders.
42.6 		Subd. 5.Discontinuance of telecommunications service. If it is shown to the 
42.7 	satisfaction of the court, by affidavit, that a person is engaged in an act that constitutes a 
42.8 	violation of section 609.893, the court may issue an order that shall be promptly served 
42.9 	upon the person in whose name the telecommunications device is listed, requiring the 
42.10 	party, within a reasonable time to be fixed by the court but not exceeding 48 hours from 
42.11 	the time of service of the petition on the party, to show cause before the judge why 
42.12 	telecommunications service should not promptly be discontinued. At the hearing, the 
42.13 	burden of proof is on the complainant.
42.14 		Subd. 6.Disconnect order. Upon a finding by the court that the telecommunications 
42.15 	device is being used or has been used in violation of section 609.893, the court shall 
42.16 	issue an order requiring the telecommunications provider that is rendering service over 
42.17 	the device to disconnect the service. The order shall be served upon an officer of the 
42.18 	telecommunications provider by the sheriff of the county in which the telecommunications 
42.19 	device is installed or by a duly authorized deputy. Upon receipt of the order, the 
42.20 	telecommunications provider shall proceed promptly to disconnect and remove the service 
42.21 	and discontinue all telecommunications service until further order of the court.
42.22 		Subd. 7.Immunity. No telecommunications provider is liable for any damages, 
42.23 	penalty, or forfeiture, whether civil or criminal, for an act performed in compliance with 
42.24 	an order issued by the court.

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

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

43.1 	Sec. 43.  REPEALER.
 43.2 	(a) Minnesota Statutes 2010, sections 237.01, subdivisions 1, 3, 4, 6, 7, and 8; 
43.3 	237.011; 237.012; 237.02; 237.03; 237.035; 237.036; 237.04; 237.05; 237.06; 237.065; 
43.4 	237.066; 237.067; 237.068; 237.069; 237.07; 237.071; 237.072; 237.075, subdivisions 1, 
43.5 	2, 3, 4, 5, 6, 7, 8, 9, 10, and 11; 237.076; 237.081, subdivisions 1, 1a, 2, 4, and 5; 237.082; 
43.6 	237.09; 237.10; 237.101; 237.11; 237.115; 237.12; 237.121; 237.14; 237.15; 237.155; 
43.7 	237.16, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13; 237.162; 237.163; 237.164; 
43.8 	237.17; 237.18; 237.19; 237.20; 237.21; 237.22; 237.23; 237.231; 237.24; 237.25; 237.26; 
43.9 	237.27; 237.28; 237.295; 237.30; 237.33; 237.34; 237.35; 237.36; 237.37; 237.38; 237.39; 
43.10 	237.40; 237.411; 237.414; 237.435; 237.44; 237.45; 237.46; 237.461, subdivisions 1, 2, 
43.11 	and 4; 237.47; 237.49; 237.491; 237.50, subdivisions 1, 3, 4, 4a, 5, 6, 6a, 7, 8, 9, 10, and 
43.12 	11; 237.51, subdivisions 1, 5, and 5a; 237.52; 237.53, subdivisions 1, 2, 3, 4, 5, 6, and 7; 
43.13 	237.54, subdivision 2; 237.55; 237.56; 237.57; 237.59, subdivisions 1, 1a, 2, 3, 4, 5, 6, 8, 
43.14 	9, and 10; 237.60, subdivisions 3 and 4; 237.61; 237.626; 237.64; 237.66, subdivisions 1, 
43.15 	1a, 1c, 1d, 2, 2a, and 3; 237.661; 237.662; 237.663; 237.665; 237.67; 237.681; 237.69, 
43.16 	subdivisions 1, 5, 11, 12, 13, 14, 15, 16, and 17; 237.70, subdivisions 1, 2, 3, 4a, 5, 6, and 
43.17 	7; 237.701; 237.71; 237.711; 237.73; 237.74; 237.75; 237.76; 237.761; 237.762; 237.763; 
43.18 	237.764; 237.765; 237.766; 237.767; 237.768; 237.769; 237.770; 237.771; 237.772; 
43.19 	237.773, subdivisions 1, 2, 3, and 4; 237.774; 237.775; 237.79; 237.80; 237.81; 237.82; 
43.20 	and 237.83, are repealed.
43.21 	(b) Minnesota Rules, parts 7810.3200; 7810.3300; 7810.4100; 7810.4300; 
43.22 	7810.4900; 7810.5000; 7810.5100; 7810.5200; 7810.5300; 7810.5400; 7810.5500; 
43.23 	7810.5800; 7810.5900; 7810.6000; 7810.6100; 7810.6400; 7810.6600; 7810.6700; 
43.24 	7810.6800; 7810.8600; 7810.8605; 7810.8610; 7810.8615; 7810.8620; 7810.8625, 
43.25 	subparts 1, 2, 3, 4, and 6; 7810.8630, subparts 1, 2, 3, 4, 5, 7, 8, 9, and 10; 7810.8635; 
43.26 	7810.8640; 7810.8645; 7810.8650; 7810.8655; 7810.8660; 7810.8665; 7810.8670; 
43.27 	7810.8675; 7810.8680; 7810.8685; 7810.8690; 7810.8700; 7810.8705; 7810.8710; 
43.28 	7810.8715; 7810.8720; 7810.8725; 7810.8730; 7810.8735; 7810.8805; 7810.8810; and 
43.29 	7810.8815, are repealed.