reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.27 — Attorney General To Compel Obedience.

237.27 ATTORNEY GENERAL TO COMPEL OBEDIENCE.
When any telephone company fails to comply with any law of the state or any order of the commission after it has become final, or any order or judgment of the district court, the court of appeals, or the supreme court in any cases taken to any of the courts on appeal, after the judgment or order has become final, the attorney general shall apply to the district court in the name of the state in any county in which the plant of the telephone company, or any part of it, is situated, for a mandatory injunction or other appropriate writ to compel obedience to the law, order, or judgment. The district court shall punish any disobedience of its orders in the enforcement proceedings as for contempt of court.
History:
(5311) 1915 c 152 s 25; 1971 c 25 s 67; 1980 c 614 s 123; 1983 c 247 s 101
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.28 — Burden Of Proof.

237.28 BURDEN OF PROOF.
In any investigation, action or proceeding arising under, or growing out of, an action initiated by the commission upon its own motion, the burden of proof shall be upon the telephone company to establish the reasonableness of the existing rates.
History:
(5311-1) 1937 c 426 s 1; 1971 c 25 s 67; 1980 c 614 s 123
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.30 — Telephone Investigation Fund; Appropriation.

237.30 TELEPHONE INVESTIGATION FUND; APPROPRIATION.
A Minnesota Telephone Investigation Fund shall exist for the use of the Department of Commerce and of the attorney general in investigations, valuations, and revaluations under section 237.295. All sums paid by the telephone companies to reimburse the department for its expenses pursuant to section 237.295 shall be credited to the revolving fund and shall be deposited in a separate bank account and not commingled with any other state funds or moneys, but any balance in excess of $25,000 in the revolving fund at the end of each fiscal year shall be paid into the state treasury and credited to the general fund. All subsequent credits to said revolving fund shall be paid by the commissioner of management and budget upon application of the department or of the attorney general to an aggregate amount of not more than one-half of such sums to each of them, which proportion shall be constantly maintained in all credits and withdrawals from the revolving fund.
History:
(5311-2a) 1939 c 333 s 2; 1969 c 399 s 1; 1971 c 25 s 67; 1973 c 492 s 14; 1Sp1981 c 4 art 1 s 96; 1989 c 269 s 43; 1Sp2001 c 4 art 6 s 58; 2009 c 101 art 2 s 109; 2014 c 222 art 1 s 38; 1Sp2019 c 10 art 3 s 29
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.411 — Reduced Rate Regulation For Certain Business Customers.

237.411 REDUCED RATE REGULATION FOR CERTAIN BUSINESS CUSTOMERS.
Subdivision 1.
Business customer; defined.
For the purpose of this section, "business customer" means a customer subscribing to four or more business lines.
Subd. 2.
Competitive area; defined.
A "competitive area" is an exchange located in Minnesota.
Subd. 3.
Reduced rate regulation.
The rates, prices, tariffs, or charges to a business customer in a competitive area by a telephone company or a telecommunications carrier offering local service are only subject to sections 237.07, subdivision 1; 237.66; and 237.663, and are not subject to any rules imposing rate or price restrictions beyond those sections or to other order or investigation of local rates under section 237.081. A telephone company or telecommunications carrier subject to this subdivision is not required to file specific price information. However, upon request of the department, the commission, or the Office of Attorney General, a telephone company or telecommunications carrier must demonstrate that its pricing complies with subdivision 4.
Subd. 4.
Protection from anticompetitive pricing.
This subdivision applies to prices governed by subdivision 3. A telephone company must not price its local telephone services, whether offered singly or as part of a bundle of services, below the total service long-run incremental cost of providing the service or services.
Subd. 5.
Enforcement.
(a) The powers and duties granted to the commission by section 237.081 apply to violations or suspected violations of this section. A person aggrieved by a violation of this section may file a complaint as provided in section 237.081, which shall be treated as any other complaint filed under that section. The commissioner of commerce may investigate violations or alleged violations of this section.
(b) Section 237.461 applies to violations of this section.
History:
2004 c 261 art 6 s 1,5; 2005 c 10 art 1 s 80; 2008 c 277 art 1 s 30; 2009 c 57 s 1,4; 2010 c 247 s 1
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.435 — Annual Universal Service Funding Certification.

237.435 ANNUAL UNIVERSAL SERVICE FUNDING CERTIFICATION.
In determining whether to provide the annual certification of any eligible telecommunications carrier for continued receipt of federal universal service funding, the commission shall apply the same standards and criteria to all eligible telecommunications carriers.
History:
2004 c 261 art 4 s 2
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.46 — Gross Misdemeanor Violation.

237.46 GROSS MISDEMEANOR VIOLATION.
Any telephone company or telecommunications carrier and, if it be a corporation, the officers thereof, violating any provisions of this chapter shall be guilty of a gross misdemeanor.
History:
(5310) 1915 c 152 s 24; 1919 c 183 s 6; 2014 c 222 art 1 s 39
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.461 — Enforcement.

237.461 ENFORCEMENT.
Subdivision 1.
Actions.
This chapter and rules and orders of the commission adopted under this chapter may be enforced by any one or combination of: criminal prosecution, action to recover civil penalties, injunction, action to compel performance, and other appropriate action.
Subd. 2.
Civil penalty.
A person who knowingly and intentionally violates a provision of this chapter or rule or order of the commission adopted under this chapter shall forfeit and pay to the state a penalty, in an amount to be determined by the court, of at least $100 and not more than $5,000 for each day of each violation.
Subd. 3.
MS 2004 [Expired, 1999 c 224 s 7; 2004 c 261 art 6 s 3; 1Sp2005 c 1 art 4 s 117]
Subd. 4.
Civil penalty proceeds deposited in treasury.
The civil penalties provided for in this section may be recovered by a civil action brought by the attorney general in the name of the state. Amounts recovered under this section must be paid into the state treasury.
History:
1990 c 598 s 2; 1995 c 156 s 6,25; 1999 c 224 s 3-5; 2003 c 97 s 2
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.49 — Combined Local Access Surcharge.

237.49 COMBINED LOCAL ACCESS SURCHARGE.
Each local telephone company shall collect from each subscriber an amount per telephone access line representing the total of the surcharges required under sections 237.52, 237.70, and 403.11. Amounts collected must be remitted to the commissioner of public safety in the manner prescribed in section 403.11. The commissioner of public safety shall divide the amounts received and deposit them in the appropriate accounts. The commissioner of public safety may recover from the agencies receiving the surcharges the personnel and administrative costs to collect and distribute the surcharge. A company or the billing agent for a company may itemize the surcharges on a billing statement sent to a subscriber.
History:
1988 c 621 s 1; 1993 c 272 s 1; 1Sp2003 c 1 art 2 s 66; 2006 c 260 art 6 s 1; 2016 c 115 s 9
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.491 — Combined Per Number Fee.

237.491 COMBINED PER NUMBER FEE.
Subdivision 1.
Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "911 emergency and public safety communications program" means the program governed by chapter 403.
(c) "Minnesota telephone number" means a ten-digit telephone number being used to connect to the public switched telephone network and starting with area code 218, 320, 507, 612, 651, 763, or 952, or any subsequent area code assigned to this state.
(d) "Service provider" means a provider doing business in this state who provides real-time, two-way voice service with a Minnesota telephone number.
(e) "Telecommunications access Minnesota program" means the program governed by sections 237.50 to 237.55.
(f) "Telephone assistance program" means the program governed by sections 237.69 to 237.71.
Subd. 2.
Per number fee.
(a) The fee shall be set at a level calculated to generate only the amount of revenue necessary to fund:
(1) the telephone assistance program and the telecommunications access Minnesota program at the levels established by the commission under sections 237.52, subdivision 2, and 237.70; and
(2) the 911 emergency and public safety communications program at the levels appropriated by law to the commissioner of public safety and the commissioner of management and budget for purposes of sections 403.11, 403.113, 403.27, 403.30, and 403.31 for each fiscal year.
(b) The recommendations must include any changes to Minnesota Statutes necessary to establish the procedures whereby each service provider, to the extent allowed under federal law, would collect and remit the fee proceeds to the commissioner of revenue. The commissioner of revenue would allocate the fee proceeds to the three funding areas in paragraph (a) and credit the allocations to the appropriate accounts.
History:
2005 c 136 art 10 s 1; 1Sp2005 c 1 art 4 s 57; 2009 c 101 art 2 s 109; 2014 c 222 art 1 s 40
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.54 — Telecommunications Relay Services (trs).

237.54 TELECOMMUNICATIONS RELAY SERVICES (TRS).
Subdivision 1.
[Repealed, 1995 c 190 s 17]
Subd. 2.
Operation.
(a) The commissioner of commerce shall contract with one or more qualified vendors for the provision of Telecommunications Relay Services (TRS).
(b) The TRS providers shall operate the relay service within the state of Minnesota. The TRS providers shall comply with all current and subsequent Federal Communications Commission regulations at Code of Federal Regulations, title 47, sections 64.601 to 64.606, and shall inform persons who have communication disabilities and the public of the availability and use of TRS.
History:
1987 c 308 s 5,8; 1993 c 272 s 14,17; 1995 c 190 s 12; 1Sp2001 c 4 art 6 s 66; 2002 c 329 s 4; 2012 c 216 art 10 s 5
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.55 — Annual Report On Telecommunications Access.

237.55 ANNUAL REPORT ON TELECOMMUNICATIONS ACCESS.
The commissioner of commerce must prepare a report for presentation to the Public Utilities Commission by March 31 each year. Each report must review the accessibility of telecommunications services to persons who have communication disabilities, describe services provided, account for annual revenues and expenditures, and include anticipated future program operations.
History:
1987 c 308 s 6,8; 1993 c 272 s 15,17; 1995 c 190 s 13; 1Sp2001 c 4 art 6 s 67; 2012 c 216 art 10 s 6; 2023 c 60 art 12 s 62
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.56 — Adequate Service Enforcement.

237.56 ADEQUATE SERVICE ENFORCEMENT.
The services required to be provided under sections 237.50 to 237.55 may be enforced under section 237.081 upon a complaint of at least two persons within the service area of any one telecommunications service provider, provided that if only one person within the service area of a company is receiving service under sections 237.50 to 237.55, the Public Utilities Commission may proceed upon a complaint from that person.
History:
1987 c 308 s 7,8; 1993 c 272 s 17; 2012 c 216 art 10 s 7
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.57 — Definitions.

237.57 DEFINITIONS.
Subdivision 1.
Scope.
The terms used in this chapter have the meanings given them in this section.
Subd. 2.
Competitive service.
"Competitive service" means a service that has been determined to be subject to effective competition or emerging competition.
Subd. 3.
Effective competition.
"Effective competition" exists when the criteria of section 237.59, subdivision 5, have been satisfied for a service.
Subd. 4.
Emerging competition.
A service will be regulated under "emerging competition" provisions when the criteria of section 237.59, subdivision 5, have not been satisfied, but there is a trend toward effective competition, or if it is a new service offered for the first time after August 1, 1994, that is not integrally related to the provision of adequate telephone service or access to the telephone network or to the privacy, health, or safety of the company's customers, whether or not it meets the criteria of section 237.59, subdivision 5.
Subd. 5.
Local access and transport area.
"Local access and transport area" (LATA) means a geographical area designated by the Modification of Final Judgment in U.S. v. Western Electric Co., Inc., 552 F. Supp. 131 (D.D.C. 1982).
Subd. 6.
Noncompetitive service.
"Noncompetitive service" means a service that has not been classified as competitive by the commission.
History:
1987 c 340 s 1,26; 1989 c 74 s 7,25; 1994 c 534 art 1 s 2
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.60 — Discriminatory Practices; Service Costs.

237.60 DISCRIMINATORY PRACTICES; SERVICE COSTS.
Subdivision 1.
[Expired]
Subd. 2.
[Expired]
Subd. 3.
Discrimination.
No telephone company shall offer telecommunications service within the state upon terms or rates that are unreasonably discriminatory. No telephone company shall unreasonably limit its service offerings to particular geographic areas unless facilities necessary for the service are not available and cannot be made available at reasonable costs. The rates of a telephone company must be the same in all geographic locations of the state unless for good cause the commission approves different rates. A company that offers long-distance services shall charge uniform rates and charges on all long-distance routes and in all geographic areas in the state where it offers the services. However, a company may offer or provide volume discounts in connection with intrastate long-distance services and may pass through any state, municipal, or local taxes in the specific geographic areas from which the taxes originate. Nothing in this subdivision authorizes a telephone company to provide service outside of its authorized service area except as provided in section 237.16.
Subd. 4.
Cost of service.
Prices or rates charged for competitive services must cover the incremental costs of providing the service. If a telephone company provides both local service and long-distance services, that company shall, in determining the cost of the long-distance service, include at least the same level of contribution to common and joint costs as is contained in the access charges to other telephone companies. The company may do so on an aggregate basis, instead of on a time or mileage band basis.
Subd. 5.
[Expired]
History:
1987 c 340 s 4; 1989 c 74 s 13,14; 1992 c 493 s 7; 1994 c 465 art 1 s 28; 1994 c 534 art 1 s 10
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.61 — Expedited Proceeding.

237.61 EXPEDITED PROCEEDING.
Notwithstanding chapter 14, the commission may conduct an expedited proceeding when authorized under this chapter. In an expedited proceeding, the commission shall give prior notice to interested persons and provide them with an opportunity to present statements of fact and argument and to reply, either orally or in writing or both. In an expedited proceeding, the pleadings must be verified, and oral statements of fact must be made under oath or affirmation. The commission shall make a decision in an expedited proceeding based on the record.
History:
1987 c 340 s 5
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.626 — Promotion Activities.

237.626 PROMOTION ACTIVITIES.
Subdivision 1.
Promotions.
A telephone company or telecommunications carrier may promote the use of its services by offering a waiver of part or all of a recurring or a nonrecurring charge, a redemption coupon, or a premium with the purchase of a service. Section 237.09 does not apply to promotions under this section, but the customer group to which the promotion is available must be based on reasonable distinctions among customers. The service being promoted must have a price that is above the incremental cost of the service, including amortized cost of the promotion. A promotion may take effect the day after the notice is filed with the commission. The notice must identify customers to whom the promotion is available.
Subd. 2.
Bundled service.
(a) A telephone company or telecommunications carrier may offer telecommunications services subject to the regulatory jurisdiction of the commission as part of a package of services that may include goods and services other than those subject to the commission's regulatory jurisdiction. Subject to the requirements of this chapter and the associated rules and orders of the commission applicable to those regulated services, a telephone company may establish the prices, terms, and conditions of a package of services, except that:
(1) each telecommunications service subject to the regulatory jurisdiction of the commission must be available to customers on a stand-alone basis; and
(2) at the time the packaged offering is introduced or at the time the packaged price is subsequently changed, the packaged rate or price may not exceed the sum of the unpackaged rates or prices for the individual service elements or services.
(b) Nothing in this subdivision is intended to extend or diminish the regulatory authority of the commission or the department.
Subd. 3.
Promotions available for resale.
Any promotional offering lasting more than 90 days and filed with the commission under subdivision 1 must be available to qualifying carriers for resale. A qualifying carrier must hold a certificate of authority from the commission and must have an approved interconnection agreement with the company offering the promotion, the terms of which include language governing the resale of services.
History:
1992 c 493 s 8; 2003 c 97 s 1; 2009 c 57 s 2
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.64 — Registration; Bond.

237.64 REGISTRATION; BOND.
Subdivision 1.
Registration.
A person, firm, or corporation seeking to become a telephone company, as defined by section 237.01, subdivision 7, and not required to be certified under section 237.16, shall register with the department and the commission 90 days before beginning operation in the state. The commission may review the proposed rates and services and the financial conditions of the telephone company and may, under section 237.081, investigate any other matter it considers appropriate to protect the public interest. A telephone company that has been authorized by the commission to provide telephone services in this state prior to August 1, 1987, is not required to register under this subdivision. A person, firm, or corporation seeking to offer a noncompetitive service to the public must obtain authority from the commission under section 237.16.
Subd. 2.
Bond.
Telephone companies that have registered under subdivision 1 shall maintain a bond if the company requires advance payments or deposits from its customers, unless waived by the commission. The bond must be issued by a surety company admitted to do business in this state in the principal sum of all deposits and advance payments to be held by the company. The department shall determine the amount of the bond and may require the company to supply information to determine the appropriate amount of the bond. The bond must be in favor of the state for the benefit of any customer who suffers the loss of a deposit or advance payment due to insolvency, cessation of business, or failure to return any unused portion of the deposit or advance payment. The bond must be filed with the department.
History:
1987 c 340 s 8; 1989 c 74 s 23,24
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.66 — Disclosure Of Local Service Options.

237.66 DISCLOSURE OF LOCAL SERVICE OPTIONS.
Subdivision 1.
Notice to local residential customers.
A telephone company, when a residential customer initially requests service or requests a change of service, and annually in the form of a bill insert, shall advise each residential customer of the price of all service options available to that customer. The requirement of an annual notice through a bill insert does not apply to long-distance service.
Subd. 1a.
Notice to customer; right to require prior authorization.
Each residential and commercial telecommunications carrier customer may elect to require that the telephone company serving the customer receive authorization from the customer before a request to serve that customer from a different intrastate telecommunications carrier than the carrier currently serving the customer is processed.
Subd. 1b.
[Repealed, 1998 c 345 s 16]
Subd. 1c.
Timing of notice; new customer.
For new installations, a telephone company shall notify a residential or commercial customer of the right described in subdivision 1a when the customer initially requests intraexchange service. Any customer notification of the rights set forth in this section shall be provided utilizing uniform, competitively neutral language and the form, content, and style of the authorization shall be consistent with federal law and regulation and shall use language provided and approved by the public utilities commission.
Subd. 1d.
Change of election.
A customer may change the election under subdivision 1a at any time by notifying the telephone company of that decision. No separate charge may be imposed on the customer for electing to exercise the right described in subdivision 1a or to change that election, but a telephone company may recover in rates the reasonable costs of administering the election.
Subd. 2.
Filing; exemptions.
Copies of both the written notices and information provided to customer service representatives concerning the disclosure required under subdivision 1 must be filed once every 12 months with the commission and the department. Independent telephone companies, municipalities, and cooperative telephone associations are exempt from the requirements of this subdivision unless otherwise ordered by the commission.
Subd. 2a.
Call blocking.
A telephone company, when a residential customer initially requests service, shall advise each residential customer of the availability of all blocking options including 900 number blocking and international long-distance blocking.
Subd. 3.
Enforcement.
If, after an expedited procedure conducted under section 237.61, the commission finds that a telephone company is failing to provide disclosure as required under subdivision 1, or the notification required under subdivision 1c, it shall order the company to take corrective action as necessary.
History:
1987 c 340 s 10; 1994 c 449 s 1; 1996 c 340 s 2,3; 1997 c 68 s 4; 1998 c 345 s 6-9
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.662 — Notice And Disclosure Requirements Of Long-distance Providers.

237.662 NOTICE AND DISCLOSURE REQUIREMENTS OF LONG-DISTANCE PROVIDERS.
Subdivision 1.
Information required.
When contacted by a customer regarding the purchase of long-distance telecommunications services, or when soliciting customers via mail or telephone, a provider of long-distance services shall provide the customer with the following information, if the service is being offered to the customer, about the service offering either orally or in writing:
(1) the price or range of prices of interstate message toll service accessed by dialing "1+" or "10-xxx", including any difference in prices for evening, night, or weekend calls;
(2) the price or range of prices of intrastate interLATA message toll service accessed by dialing "1+" or "10-xxx", including any difference in prices for evening, night, or weekend calls;
(3) the price or range of prices of intrastate intraLATA message toll service accessed by dialing "1+" or "10-xxx", including any difference in prices for evening, night, or weekend;
(4) any minimum volume requirements, fixed flat fees, service charges, surcharges, termination charges or other non-service-specific charges, including the fact that the provider of local service may charge a onetime fee for changing carriers; and
(5) any special promotional rate or promotional offering related to the services or prices described in clauses (1) to (4) above, including any limitations or restrictions on the promotional rates or offerings.
Subd. 2.
Price, terms, and restrictions in writing.
If a customer agrees to purchase telecommunications services from the provider of long-distance services on a presubscription basis, the provider shall send the customer written information regarding services subscribed to, containing:
(1) the information regarding prices and charges described in subdivision 1, clauses (1) to (5);
(2) the price for calls placed with a calling card issued to the customer by the provider and any surcharge for placing calls with a calling card;
(3) the price for calls charged to the customer when a personal "1-800" number for long-distance services issued to the customer by the provider is used; and
(4) the price of directory assistance calls.
This written information must be sent to the customer within seven business days from the date of the verification of the customer's authorization, unless federal law or regulation requires notice to be sent by an earlier date.
Subd. 3.
Filed tariff no defense.
That a telecommunications carrier has intrastate tariffs or price lists for the services listed in subdivisions 1 and 2 on file with the Public Utilities Commission or Department of Commerce is not a defense to any action brought for failure to disclose intrastate prices for which disclosure is required under this section.
History:
1998 c 345 s 11; 1Sp2001 c 4 art 6 s 77
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.663 — Loading.

237.663 LOADING.
(a) Except as provided in paragraph (b) or (c), a telephone company or telecommunications carrier providing local service shall not charge a telephone service subscriber, as defined in section 325F.692, for a telephone or telecommunications service that is not required by the commission to be offered and for which the subscriber did not explicitly contract.
(b) If a charge is assessed on a per-use basis for a service described in paragraph (a), the charge must be applied as a credit to the subscriber's next monthly bill, if the subscriber notifies the telephone company or telecommunications carrier that the subscriber did not utilize the service or did not authorize the utilization of the service.
(c) A telephone company or telecommunications carrier that receives a notification from a telephone service subscriber under paragraph (b) shall inform the subscriber of the ability to block the services from future use by the subscriber, and shall block the services from future use by the subscriber, if the subscriber so requests. If a subscriber requests that the carrier or company not block the service or later requests to have the block lifted, the subscriber shall be responsible for charges caused by the future utilization of that service. The carrier or company may not charge a recurring fee for blocking the service.
History:
1998 c 345 s 12
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.69 — Telephone Assistance Plan; Definitions.

237.69 TELEPHONE ASSISTANCE PLAN; DEFINITIONS.
Subdivision 1.
Scope.
The terms used in sections 237.69 to 237.71 have the meanings given them in this section.
Subd. 2.
[Renumbered subd 11]
Subd. 3.
[Repealed, 1Sp2001 c 4 art 6 s 76]
Subd. 4.
[Renumbered subd 17]
Subd. 5.
Access line.
"Access line" means telephone company-owned facilities furnished to permit switched access to the telecommunications network that extend from a central office to the demarcation point on the property where the subscriber is served. The term includes access lines provided to residential and business subscribers, includes centrex access lines on a trunk-equivalent basis, but does not include private nonswitched or wide area telephone service access lines.
Subd. 6.
[Renumbered subd 13]
Subd. 7.
[Renumbered subd 16]
Subd. 8.
[Renumbered subd 15]
Subd. 9.
[Renumbered subd 12]
Subd. 10.
[Renumbered subd 14]
Subd. 11.
Commission.
"Commission" means the Minnesota Public Utilities Commission.
Subd. 12.
Disabled.
"Disabled" has the meaning given it in section 363A.03, subdivision 12.
Subd. 13.
Federal matching plan.
"Federal matching plan" means any telephone assistance plan formulated by the Federal Communications Commission that provides federal assistance to local telephone subscribers.
Subd. 14.
Fund.
"Fund" means the telephone assistance fund established in section 237.701.
Subd. 15.
Income.
For purposes of sections 237.69 to 237.71, "income" has the meaning given it in section 290A.03, subdivision 3.
Subd. 16.
Telephone assistance plan.
"Telephone assistance plan" means the plan to be adopted by the commission and to be jointly administered by the commission, the Department of Human Services, and the telephone companies, as required by sections 237.69 to 237.71.
Subd. 17.
Telephone company.
"Telephone company" has the meanings given it in section 237.01, subdivisions 3 and 7, that provides local exchange telephone service.
History:
1987 c 340 s 13; 1988 c 621 s 9-11; 1989 c 209 art 2 s 1; 1990 c 567 s 10; 2014 c 222 art 1 s 41-43
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.701 — Telephone Assistance Fund; Appropriation.

237.701 TELEPHONE ASSISTANCE FUND; APPROPRIATION.
Subdivision 1.
Fund created; authorized expenditures.
The telephone assistance fund is created as a separate account in the state treasury to consist of amounts received by the commissioner of public safety representing the surcharge authorized by section 237.70, subdivision 6, and amounts earned on the fund assets. Money in the fund may be used only for:
(1) reimbursement to local service providers for expenses and credits allowed in section 237.70, subdivision 7, paragraph (d), clause (5);
(2) reimbursement of the reasonable administrative expenses of the commission, a portion of which may be used for periodic promotional activities, including, but not limited to, radio or newspaper advertisements, to inform eligible households of the availability of the telephone assistance program;
(3) reimbursement of the statewide indirect cost of the commission; and
(4) reimbursement of the reasonable expenses of the commissioner of commerce and the commissioner of human services for administering section 216C.266, subdivisions 2 and 4.
Subd. 2.
Appropriation.
Money in the fund is appropriated to the commission to be disbursed pursuant to section 237.70, subdivision 7.
History:
1988 c 621 s 16; 1989 c 282 art 5 s 3; 1992 c 513 art 5 s 11; 1995 c 224 s 78; 2003 c 79 s 7; 1Sp2003 c 1 art 2 s 68; 1Sp2005 c 1 art 4 s 58; 2012 c 290 s 71
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.71 — Tap Rules.

237.71 TAP RULES.
The commission shall adopt rules under the Administrative Procedure Act necessary or appropriate to administer the telephone assistance plan in accordance with this chapter.
History:
1987 c 340 s 15; 2014 c 222 art 1 s 44
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.75 — Class Service.

237.75 CLASS SERVICE.
Subdivision 1.
Definition.
For purposes of this section, "CLASS" or "custom local area signaling service" means a custom calling telephone service that is enabled through the installation or use of Signaling System 7 or similar signaling system and that includes at least the following features:
(1) automatic call back;
(2) automatic recall;
(3) calling number delivery, commonly known as "caller identification";
(4) calling number delivery blocking;
(5) customer originated call tracing;
(6) distinctive ringing/call waiting;
(7) selective call acceptance;
(8) selective call forwarding; and
(9) selective call rejection.
Subd. 2.
CLASS; terms and conditions.
By January 1, 1994, the commission shall determine the terms and conditions under which CLASS services may be provided by telephone companies in this state.
Subd. 3.
CLASS; capability and offering of service.
Each telephone company that provides local telephone service to persons located in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington shall obtain the capability to offer CLASS services in those counties by January 1, 1995, unless the commission approves an extension to a date certain.
History:
1993 c 268 s 5
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.76 — Purpose.

237.76 PURPOSE.
A telephone company may petition the commission for approval of an alternative regulation plan under sections 237.76 to 237.774. The purpose of an alternative regulation plan is to provide a telephone company's customers with service of a quality consistent with commission rules at affordable rates, to facilitate the development of telecommunication alternatives for customers, and to provide, where appropriate, a regulatory environment with greater flexibility than is available under traditional rate-of-return regulation as reflected in other provisions of this chapter.
History:
1995 c 156 s 7,25; 2003 c 97 s 2
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.763 — Exemption From Earnings Regulation And Investigation.

237.763 EXEMPTION FROM EARNINGS REGULATION AND INVESTIGATION.
Except as provided in the plan and any subsequent plans, a company that has an alternative regulation plan approved under section 237.764, is not subject to the rate-of-return regulation or earnings investigations provisions of section 237.075 or 237.081 during the term of the plan. A company with an approved plan is not subject to the provisions of section 237.57; 237.59; or 237.60, subdivisions 1, 2, 4, and 5, during the term of the plan. Except as specifically provided in this section or in the approved plan, the commission retains all of its authority under section 237.081 to investigate other matters and to issue appropriate orders, and the department retains its authority under sections 216A.07 and 237.15 to investigate matters other than the earnings of the company.
History:
1995 c 156 s 10,25; 2001 c 7 s 48; 2003 c 97 s 2; 2005 c 10 art 1 s 35; 2006 c 212 art 3 s 16
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.765 — Quality Of Service.

237.765 QUALITY OF SERVICE.
(a) For an alternative regulation plan to be approved by the commission under sections 237.76 to 237.774, the plan must contain an existing service quality plan or settlement for retail customers approved by the commission or if no such plan or settlement has been approved, the commission shall require:
(1) evidence that current service quality substantially complies with commission rules as to justify lessened rate regulation;
(2) a baseline measurement of the quality of service levels as achieved by the company during the previous three years, to the extent the data are available, and specific statewide standards for measuring the quality of price-regulated and flexibly priced services provided by the company, including, but not limited to (i) time intervals for installation, (ii) time intervals for restoration or repair of service, (iii) trouble rates, (iv) exchange access line held orders, and (v) customer service answer time;
(3) provisions for reporting to the commission at least annually the company's performance as to the quality of service standards by quarter for the previous year;
(4) provisions that index quality of service standards for local residence services to similar standards for local business services;
(5) appropriate remedies, including penalties and customer-specific adjustments or payments to compensate customers for specific quality of service failures, so as to ensure substantial compliance with the quality of service standards set forth in the plan; and
(6) provisions for informing customers of their rights as to quality of service and how customers can register their complaints regarding service.
(b) Any penalties under paragraph (a), clause (5), shall be returned to customers under a method set forth in the plan.
(c) The terms of an existing service quality plan or settlement approved by the commission must be offered to extend through the duration of an alternative regulation plan filed under this section.
History:
1995 c 156 s 12,25; 1997 c 223 s 15; 2003 c 97 s 2
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.767 — Discontinuance Of Service.

237.767 DISCONTINUANCE OF SERVICE.
Without the express approval of the commission, a telephone company subject to a plan may not discontinue the provision of a service or basic network function that has been classified as price regulated or flexibly priced.
History:
1995 c 156 s 14,25; 2003 c 97 s 2
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.768 — Periodic Financial Report.

237.768 PERIODIC FINANCIAL REPORT.
In addition to the reports required under section 237.766, an alternative regulation plan may require a telephone company to file with the department an annual report of financial matters for the previous calendar year on or before May 1 of each year on report forms furnished by the department in the same manner as is required of other telephone companies on August 1, 1995. In addition, any company subject to a plan shall file with the commission and department a copy of any filings it has made to the Federal Communications Commission regarding the provisions of video programming provided through a video dial tone facility in Minnesota. An alternative regulation plan may require a telephone company to maintain its accounts in accordance with the system of accounts prescribed for the company by the commission under section 237.10.
History:
1995 c 156 s 15,25; 1Sp2001 c 4 art 6 s 69; 2003 c 97 s 2
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.769 — Rules Applicable.

237.769 RULES APPLICABLE.
Any company under a plan is subject to any rules adopted under section 237.16 on the same date as those rules are applicable to other companies.
History:
1995 c 156 s 16,25; 1997 c 223 s 17; 2003 c 97 s 2
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.770 — Subsidization.

237.770 SUBSIDIZATION.
No telephone company shall subsidize flexibly priced or non-price-regulated services from other services. A telephone service is not subsidized if the aggregate revenues for the service equal or exceed the total service long-run incremental costs of providing the service. If the commission determines, after a proceeding under section 237.081, that subsidization exists, it shall order changes in rates to price the subsidized service above total service long-run incremental cost and may invoke any other remedies otherwise available under this chapter.
History:
1995 c 156 s 17,25; 2003 c 97 s 2
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.771 — Discrimination.

237.771 DISCRIMINATION.
The rates of a telephone company under a plan must be the same in all geographic locations of the state except for good cause. A plan may contain provisions that define good cause, including consideration of the ability to respond to competition. Sections 237.09, 237.121, and 237.60, subdivision 3, apply to a telephone company under a plan.
History:
1995 c 156 s 18,25; 2003 c 97 s 2
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.772 — Cost Study Methodology.

237.772 COST STUDY METHODOLOGY.
Subdivision 1.
Total service long-run incremental cost.
(a) For purposes of this chapter, total service long-run incremental cost (TSLRIC) means the total cost to the company of supplying a service, group of services, or basic network function. The term "long-run" means a period of time sufficient so that all inputs are avoidable based on the total increment of service, group of services, or basic network function and includes the relevant costs resulting from the company's decision to provide the service, group of services, or basic network function, holding constant the production levels of all other services, groups of services, or basic network functions provided by the company.
(b) A telephone company is not required to prepare or file TSLRIC or variable cost studies for all of its services as a prerequisite to filing a plan. However, the commission may order cost studies to be prepared for specific services as a condition of approval of the plan.
Subd. 2.
Petition for variable cost study.
To the extent that this section or the commission may require a company to provide a TSLRIC study, a company may submit a petition to the commission for permission to submit a variable cost study instead of a TSLRIC study. The commission shall grant the petition if the telephone company demonstrates:
(1) that a TSLRIC study is burdensome in relation to its annual revenue from the service involved;
(2) in the case of an existing service, that the service is no longer being offered to new customers; or
(3) if the telephone company shows other good cause.
History:
1995 c 156 s 19,25; 2003 c 97 s 2
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.774 — Application Of Other Laws.

237.774 APPLICATION OF OTHER LAWS.
Except as provided in sections 237.76 to 237.773, a telephone company subject to a plan approved under sections 237.764 and 237.773, shall comply with any state or federal laws governing the provision of telephone services. Nothing contained in sections 237.76 to 237.773 is intended in any way to change or modify the definitions contained in section 237.01 or what constitutes the provision of telephone service under this chapter or other laws.
History:
1995 c 156 s 21,25; 2003 c 97 s 2
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.775 — Existing Plan Not Affected.

237.775 EXISTING PLAN NOT AFFECTED.
An alternative regulation plan approved by the commission prior to May 1, 1997, is not subject to the amendments in Laws 1997, chapter 223; provided that a plan filed, revised, or renewed after that date is subject to those amendments.
History:
1997 c 223 s 18
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.79 — Telephone Company Providing Cable Service.

237.79 TELEPHONE COMPANY PROVIDING CABLE SERVICE.
A telephone company that provides cable television services shall, with respect to provisioning of those services in Minnesota, be subject to the same franchise requirements, procedures, and fees, and public, educational, and government access requirements as a cable communication company under chapter 238.
History:
1997 c 123 s 6
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.80 — Interexchange Telephone Service.

237.80 INTEREXCHANGE TELEPHONE SERVICE.
Subdivision 1.
MS 2012 [Repealed, 2014 c 222 art 1 s 58]
Subd. 2.
Consultation with FCC.
Any investigation or proceeding by the Minnesota Public Utilities Commission for the purpose of verifying compliance with the competitive checklist requirements of section 271(c) of the act must be completed by the commission and the resulting certification provided to the Federal Communications Commission within 90 days after receipt of a request for verification from the Federal Communications Commission.
History:
1996 c 445 s 1
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.81 — Scope.

237.81 SCOPE.
To the extent they regulate telecommunications right-of-way users, sections 237.04; 237.16, subdivision 1; 237.162; 237.163; and 237.74, subdivision 5, supersede section 222.37, and any ordinance, regulation, or rule to the contrary.
History:
1997 c 123 s 7; 2005 c 69 art 3 s 19
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.82 — Definitions; Call Location Information.

237.82 DEFINITIONS; CALL LOCATION INFORMATION.
Subdivision 1.
Scope.
The definitions in this section apply to section 237.83.
Subd. 2.
Call location information.
"Call location information" means information indicating the geographical location of a telecommunications device.
Subd. 3.
Law enforcement agency.
"Law enforcement agency" means:
(1) a unit of state or local government that is authorized by law to grant full powers of arrest and to charge a person with the duties of preventing and detecting crime and enforcing the general criminal laws of the state; and
(2) subject to the limitations in section 626.93, a law enforcement agency of a federally recognized tribe, as defined in United States Code, title 25, section 450b(e).
Subd. 4.
Wireless telecommunications service provider.
"Wireless telecommunications service provider" means a provider of commercial mobile radio services, as that term is defined in United States Code, title 47, section 332, subsection (d), including all broadband personal communications services, wireless radio telephone services, geographic area specialized and enhanced specialized mobile radio services, and incumbent wide area specialized mobile radio licensees, that offers real-time, two-way voice service interconnected with the public switched telephone network and that is doing business in this state.
History:
2010 c 342 s 1