Subdivision 1. Definitions. For the purposes of this section:
(1) "private shared services" means the provision of telephone services and equipment, the provision of video programming services, or the provision of broadband services within a user group located in discrete private premises, in building complexes, campuses, or high-rise buildings, by a commercial shared services provider or by a user association, through privately owned customer premises equipment and associated data processing and information management services and includes the provision of connections to the facilities of a local exchange and to long-distance telephone companies; and
(2) "property owner" means a person who owns or, under a contract with the owner, manages a building, property, complex, or other facility where private shared services are provided.
Subd. 2. Requirements. A property owner shall establish a single demarcation point for services and facilities provided by a telephone company providing local exchange service in the area that is mutually agreeable to the property owner, commercial shared services provider, and the telephone company. The obligation of a telephone company to provide service to a customer at a location where private shared services are operating is limited to providing telephone company service and facilities up to the demarcation point established for the property where the private shared services are operating. The property owner may not (1) impose unreasonable restrictions on access to the demarcation point on the premises by a telephone company or (2) discriminate against or in favor of an occupant in any manner, including charging the occupant higher or lower rental charges, because of the occupant's choice of telephone company.
Subd. 3. Access to alternative provider. A tenant of a building, property, complex, or other facility where private shared services are operating may establish a direct connection to and receive telephone service from a telephone company providing local exchange service in the area where the private shared services are operating. At the request of a tenant where a private shared system is operated, the property owner shall make its facilities or conduit space available to the tenant to allow the tenant to make separate connection to and to receive telephone service directly from the telephone company operating local exchange service in the area. The tenant has the choice of installing the tenant's own facilities or using the property owner's existing facilities. The property owner must provide its facilities or conduit space to the tenant at a reasonable rate and on reasonable terms and conditions. It is the obligation of the tenant to arrange for premises wire, cable, or other equipment necessary to connect the tenant's telephone equipment with the facilities of the telephone company operating local exchange service at the location of the demarcation point.
Subd. 4. Enforcement. If the commission finds that a property owner has failed to comply with a request under this section, the commission may order the property owner to make its facilities or conduit space available sufficient to allow the tenant to make separate connection with the telephone company, and provide the services at reasonable prices and on reasonable terms and conditions.
Subd. 5. Exemption. A commercial shared services provider is exempt from section 237.16 if the private shared services are only provided to tenants or for the provider's own use.
Subd. 6. Service by local telephone company. A telephone company providing local exchange service shall provide service to any person in a property served by a commercial shared services provider at the demarcation point within a reasonable time upon request.
Subd. 7. Obligation of property owners. Nothing in this section requires a commercial shared services provider to share its wiring, cabling, or other facilities unless the commercial shared services provider is the property owner.
2010 c 247 s 3
Structure Minnesota Statutes
Chapters 237 - 238 — Telecommunications
Chapter 237 — Telecommunications
Section 237.011 — Telecommunications Goals.
Section 237.012 — Broadband Goals.
Section 237.02 — General Authority Of Department And Commission; Definitions.
Section 237.025 — Competitive Market Regulation.
Section 237.03 — Scope Of Law.
Section 237.035 — Telecommunications Carrier Exemption.
Section 237.036 — Coin-operated Or Public Pay Telephones.
Section 237.04 — Wire Crossing Or Paralleling Utility Line; Rules.
Section 237.045 — Railroad Rights-of-way; Crossing Or Paralleling By Utilities.
Section 237.05 — Enforcement Authority.
Section 237.06 — Rates And Deposits.
Section 237.065 — Rate For School Or Purchasing Cooperative.
Section 237.066 — State Government Pricing Plans.
Section 237.067 — Establishment Exempt From Regulation.
Section 237.069 — Tracer; Harassing Telephone Call; Rules.
Section 237.07 — Filing Requirements.
Section 237.071 — Special Pricing.
Section 237.072 — Limitation On Rate Change.
Section 237.075 — Rate Change.
Section 237.076 — Settlement; Procedures.
Section 237.078 — Informal Review And Resolution Of Disputes.
Section 237.081 — Investigation.
Section 237.082 — Telecommunication Rate And Service Goals.
Section 237.09 — Discrimination Prohibited.
Section 237.10 — Uniform Rules, Classifications, Practices; Forms.
Section 237.101 — Electronic Billing.
Section 237.11 — Inspecting Records And Property; Reports Required.
Section 237.115 — Information Subject To Protective Order.
Section 237.12 — Service Connection Between Telephone Companies.
Section 237.121 — Prohibited Practices.
Section 237.131 — Intrastate Call Routing.
Section 237.132 — Registration Of Wholesale Transport Providers.
Section 237.14 — Rate For Service To Officer.
Section 237.15 — Investigation And Hearing; Authority Delegated.
Section 237.155 — Credit For Incorrect Directory Assistance.
Section 237.16 — Local Exchange Competition, Rules.
Section 237.162 — Public Right-of-way; Definitions.
Section 237.163 — Use And Regulation Of Public Right-of-way.
Section 237.164 — Universal Service Discount For School Or Library.
Section 237.17 — Extension Of Long-distance Line.
Section 237.19 — Municipal Telecommunications Services.
Section 237.20 — Condemnation: Notice, Compensation, Appeal.
Section 237.21 — Valuation Of Telephone Property.
Section 237.22 — Depreciation; Amortization.
Section 237.23 — Acquiring Property Of Another Company.
Section 237.231 — Sale Of Local Exchange Service.
Section 237.24 — Transcribed Copy Of Record, Expense.
Section 237.25 — Appeal From Decision Of Commission.
Section 237.26 — Order Final And Conclusive.
Section 237.27 — Attorney General To Compel Obedience.
Section 237.28 — Burden Of Proof.
Section 237.295 — Assessment Of Regulatory Expenses.
Section 237.30 — Telephone Investigation Fund; Appropriation.
Section 237.411 — Reduced Rate Regulation For Certain Business Customers.
Section 237.414 — Expanded Calling Areas; Transport Facilities; Terminations.
Section 237.435 — Annual Universal Service Funding Certification.
Section 237.46 — Gross Misdemeanor Violation.
Section 237.461 — Enforcement.
Section 237.49 — Combined Local Access Surcharge.
Section 237.491 — Combined Per Number Fee.
Section 237.51 — Telecommunications Access Minnesota Program Administration.
Section 237.52 — Telecommunications Access Minnesota Fund.
Section 237.53 — Telecommunications Devices And Interconnectivity Products.
Section 237.54 — Telecommunications Relay Services (trs).
Section 237.55 — Annual Report On Telecommunications Access.
Section 237.56 — Adequate Service Enforcement.
Section 237.59 — Classification Of Competitive Service; Hearing.
Section 237.60 — Discriminatory Practices; Service Costs.
Section 237.61 — Expedited Proceeding.
Section 237.626 — Promotion Activities.
Section 237.64 — Registration; Bond.
Section 237.66 — Disclosure Of Local Service Options.
Section 237.661 — Antislamming.
Section 237.662 — Notice And Disclosure Requirements Of Long-distance Providers.
Section 237.665 — Prohibition Against Billing For Unauthorized Charges.
Section 237.681 — Private Shared Services.
Section 237.69 — Telephone Assistance Plan; Definitions.
Section 237.70 — Development Of Telephone Assistance Plan.
Section 237.701 — Telephone Assistance Fund; Appropriation.
Section 237.73 — Obtaining Service By Fraud; Injunction.
Section 237.74 — Regulation Of Telecommunications Carrier.
Section 237.75 — Class Service.
Section 237.761 — Alternative Regulation Plan; Service.
Section 237.762 — Alternative Regulation Plan Rate, Price.
Section 237.763 — Exemption From Earnings Regulation And Investigation.
Section 237.764 — Plan Adoption; Effect.
Section 237.765 — Quality Of Service.
Section 237.766 — Plan Duration And Extension.
Section 237.767 — Discontinuance Of Service.
Section 237.768 — Periodic Financial Report.
Section 237.769 — Rules Applicable.
Section 237.770 — Subsidization.
Section 237.771 — Discrimination.
Section 237.772 — Cost Study Methodology.
Section 237.773 — Alternative Regulation For Small Telephone Company.
Section 237.774 — Application Of Other Laws.
Section 237.775 — Existing Plan Not Affected.
Section 237.79 — Telephone Company Providing Cable Service.
Section 237.80 — Interexchange Telephone Service.
Section 237.82 — Definitions; Call Location Information.
Section 237.83 — Disclosure Of Call Location Information; Emergency Situations.