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~iJNIl~7ARY OF THE <br />• MINNESOTA EMERGING. COI~~VIUNICATIONS ACT OF 1995 <br />L WIiY WE NEED NEW COMIMUNICATIONS LEGISLATION <br />• Minnesota communications policy has evolved over this century in direct <br />response. to rapidly changing advances in the communications industry. <br />Current Minnesota statutes which govern communications services have <br />traditionally been associated with providers, as well as services. Statute <br />section 237 is associated with telephone companies and "plain old telephone <br />service" ("POTS") and section 238 is associated with cable companies and <br />"plain old cable service" ("POCS"). As new services and technologies have <br />rapidly developed, traditional providers of either telephone or cable service <br />now have the ability to offer the services of the other. Moreover, telephone <br />and cable providers aze now offering services which aze not POTS or POCS. <br />• New legislation is needed because of the new services. which we refer to as <br />"emerging communications services" provided by cable operators, telephone <br />companies and other companies. When telephone service and cable service <br />were new to Minnesota, appropriate legislation was enacted to regulate each of <br />those services. Now that we have emerging communications services, we <br />need a new statute section to encourage the development of emerging <br />communications services throughout the state, to assure the continued <br />regulation of current services and to protect the investment akeady made by <br />the public in current communications services. <br />• New legislation will address all providers of emerging communications <br />services who utilize public property and public rights-of--way to construct, <br />operate, maintain, offer or deliver such services. <br />II. WHAT THE LEGISLATION SAYS <br />A. OVERVIEW <br />• Creates a new statute Minn. Stat. § 237A, which will regulate <br />emerging communications services. <br />• Applies only to services which are not regulated as "POTS" or "POCS" <br />under Minnesota Statutes sections 237 and 238 (both amended to <br />clearly delete all but "POTS" and "POCS "). The services governed by <br />the new statute section aze called "emerging communications services." <br />• 375539 - 1 - <br />