From the MN Senate…

Kresha introduced:

H. F. 1971, A bill for an act relating to commerce; relieving telephone companies or telecommunications carriers of the obligation to serve certain areas; requiring the Office of Broadband Development to resolve disputes; proposing coding for new law in Minnesota Statutes, chapter 237.

The bill was read for the first time and referred to the Committee on Commerce Finance and Policy.

Bill as introduced…

A bill for an act
relating to commerce; relieving telephone companies or telecommunications
carriers of the obligation to serve certain areas; requiring the Office of Broadband
Development to resolve disputes; proposing coding for new law in Minnesota
Statutes, chapter 237.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[237.181] SERVICE TO AREAS WITH CARRY VOICE OVER
INTERNET PROTOCOL SERVICES.

Subdivision 1.

Service requirement.

(a) Notwithstanding any other provision in this
chapter, a telephone company or telecommunications carrier is not required to offer services
in an area the Federal Communications Commission has identified through mapping or a
successor data program as having telecommunications infrastructure available to carry voice
over Internet protocol services.

(b) A telephone company or telecommunications carrier that is not required to offer
service in an area pursuant to paragraph (a) must: (1) notify the Public Utilities Commission
that the telephone company or telecommunications carrier is not offering service in the area
pursuant to paragraph (a); and (2) notify the relevant customers of the process under
subdivision 2 to dispute whether the Federal Communications Commission identified the
customer’s location as having telecommunications infrastructure available to carry voice
over Internet protocol services.

Subd. 2.

Dispute resolution.

(a) The Office of Broadband Development established
under section 116J.39 must resolve a dispute over whether a federal data program shows a
location as having telecommunications infrastructure available to carry voice over Internet
protocol services.

(b) A customer that disputes whether a federal data program shows a location as having
telecommunications infrastructure available to carry voice over Internet protocol services
must send a letter or email notifying the Office of Broadband Development of the dispute.
Within five business days of the date the dispute notice is received, the Office of Broadband
Development must notify the relevant telephone company or telecommunications carrier.

(c) The telephone company or telecommunications carrier must respond to the customer’s
letter or email within five business days of the date the Office of Broadband Development
provided notice under paragraph (b).

(d) The state broadband director must resolve the dispute within 15 business days of the
date the telephone company or telecommunications carrier responds to the customer’s dispute
letter or email, or the deadline to respond under paragraph (c), whichever is earlier. The
state broadband director must determine whether the Federal Communications Commission
identified the area as having telecommunications infrastructure available to carry voice over
Internet protocol services.

(e) If the state broadband director determines the Federal Communications Commission
identified the area as having telecommunications infrastructure available to carry voice over
Internet protocol services, the telephone company or telecommunications carrier is relieved
of any obligation to serve the disputed location. This paragraph does not relieve the telephone
company or telecommunications carrier from providing services under any applicable federal
obligation.

(f) If the state broadband director determines that the Federal Communications
Commission identified the location as not having telecommunications infrastructure available
to carry voice over Internet protocol services, the telephone company or telecommunications
carrier is not relieved of any obligation to serve the disputed location.