Minnesota Statutes Telecommunications (Ch. 237, 238) § 237.025. Competitive market regulation

Subdivision 1.Definitions. (a) Except as otherwise provided in this subdivision, a “competitive service provider” means:

(b) “Exchange service area” has the meaning given inMinnesota Rules, part 7810.0100, subpart 15.

(c) “Local exchange carrier” means a telephone company, as defined insection 237.01, subdivision 7, or the corporate successor to a telephone company, providing local telephone service pursuant to a certificate granted by the commission undersection 237.16before August 1, 1995.

(d) “Over-the-top VOIP provider” means a VOIP provider that:

(e) “VOIP” or “Voice over Internet Protocol” means any service that:

Subd. 2.Petition. (a) A local exchange carrier may petition the commission to have its residential voice services and business voice services to customers subscribing to three or fewer business lines regulated under this section in any exchange service area in which the carrier provides local voice service. The petition must be served on the commission, the department, the Office of the Attorney General, all telephone companies and telecommunications carriers with which the local exchange carrier has an interconnection agreement, and any other person designated by the commission.

(b) A petition filed under this subdivision must include:

Subd. 3.Process; objection; review. (a) A petition by a local exchange carrier seeking to be regulated under this section shall be reviewed by the commission as provided under this subdivision.

(b) A party objecting to a local exchange carrier's petition filed under this section must file an objection within 45 days.

(c) If no party objects to a petitioning local exchange carrier's proposed election within 45 days of the filing of the petition, the petition is deemed approved.

(d) If a party raises an objection to a local exchange carrier's petition, the commission must provide interested parties and the petitioning carrier an opportunity to comment on the merits of the petition.

(e) The commission shall make a final determination regarding a petition filed under this section within 180 days of the date all information required under subdivision 2 was submitted.

(f) In reviewing the petition, the commission may request additional information from the petitioning local exchange carrier and other service providers under the commission's jurisdiction that provide service in the relevant exchange service area.

(1) it serves fewer than 50 percent of the households in an exchange service area, and at least 60 percent of households in the exchange service area can choose voice service from at least one additional unaffiliated competitive service provider; or

(2) it serves more than 50 percent of the households in an exchange service area, and:

Subd. 6.Market regulation and consumer protection. (a) A local exchange carrier that has received approval from the commission to be regulated under this section in one or more of its exchange service areas shall be subject to regulation in those approved exchange service areas as a telecommunications carrier undersection 237.035, and as a competitive local exchange carrier underMinnesota Rules, parts 7811.2210and7812.2210, as applicable. Nothing in this section shall be construed to provide or imply that a local exchange carrier regulated under this section is exempted from Minnesota Statutes and Minnesota Rules applying to competitive local exchange carriers, including, but not limited to:

(b) Regulation under this section is effective 30 days after a petition is deemed approved under subdivision 3 or approved by the commission under subdivision 4.

Subd. 7.Effect on existing alternative form of regulation plans. (a) Approval of a petition for regulation under this section does not relieve an incumbent local exchange carrier of its obligation to fulfill all the terms of an existing alternative form of regulation plan undersections 237.76to237.774for the duration of the plan.

(b) Following the expiration of the alternative form of regulation plan, an incumbent local exchange carrier whose petition is approved by the commission shall be subject to applicable provisions of this section in the approved local exchange areas.

Subd. 8.Basic local service protection. (a) For purposes of this subdivision, “basic local service” means:

(b) Except as provided in paragraph (d) below:

(c) Notwithstanding any statute or rule to the contrary, basic local service rates must be uniform within an exchange service area.

(d) The provisions of paragraph (b) shall not apply to a rate of return carrier, as defined inCode of Federal Regulations, title 47, section 54.5.

(1) any entity's obligations or rights or the commission's authority under the Federal Communications Act of 1934,United States Code, title 47, sections 251and252;

(2) any commission authority or existing orders related to wholesale services;

(3) any commission jurisdiction:

(4) the rights of any entity, or the authority of the commission and local government authorities, with respect to the use and regulation of public rights-of-way undersections 237.162and237.163.