US Lawyer Database

Section 238.35 — Use Of Existing Easement; Restrictions.

238.35 USE OF EXISTING EASEMENT; RESTRICTIONS. Subdivision 1. Legislative findings. There is a long-standing legislative policy in the state of Minnesota to provide for the dedication or other provision of easements and public rights-of-way required by public utilities and cable communications systems. Except for applicable governmental rules, these easements do not include any limitation on […]

Section 238.37 — Scope; Pole, Duct, And Conduit Agreements.

238.37 SCOPE; POLE, DUCT, AND CONDUIT AGREEMENTS. Sections 238.02, subdivisions 3a, 20a, and 31b, and 238.37 to 238.42 only apply to pole, duct, and conduit agreements entered into or renewed between public utilities and cable communications systems on or after January 1, 1976, and have no application to those agreements executed before January 1, 1976, […]

Section 238.38 — Permit To Attach To Pole Or Conduit System.

238.38 PERMIT TO ATTACH TO POLE OR CONDUIT SYSTEM. Every pole, duct, and conduit agreement must contain a provision that before attaching to the public utility company’s poles or occupying any part of the public utility’s conduit system, the cable communications system shall apply and receive a permit for that purpose on a form provided […]

Section 238.115 — Cable Provider Complaints.

238.115 CABLE PROVIDER COMPLAINTS. A cable communications system holding a franchise to provide cable communications services in any area of this state must immediately provide a consumer complaint telephone number to any person who calls the system or its agent and asks for a consumer complaint number. The number provided must be the telephone number […]

Section 238.39 — Legal Authority.

238.39 LEGAL AUTHORITY. Every pole, duct, and conduit agreement must contain a provision that the cable communications system shall submit to the public utility company evidence of the cable communications system’s lawful authority to place, maintain, and operate its facilities within public streets, highways, and other thoroughfares and shall secure the legally necessary permits and […]

Section 238.15 — Financial Interest Of Member.

238.15 FINANCIAL INTEREST OF MEMBER. Members of any elected body granting franchises and employees of any franchising body who would be directly involved in the granting or administration of franchises for cable communications and who are employed by or who knowingly have any financial interest in any cable communications system, bidding on such franchise, or […]

Section 238.40 — Liability; Indemnify Public Utility.

238.40 LIABILITY; INDEMNIFY PUBLIC UTILITY. (a) Every pole, duct, and conduit agreement must contain a provision that the cable communications system shall defend, indemnify, protect, and save harmless the public utility from and against any and all claims and demands for damages to property and injury or death to persons, including payments made under any […]

Section 238.16 — Gross Misdemeanor.

238.16 GROSS MISDEMEANOR. Subdivision 1. [Repealed, 1985 c 285 s 54] Subd. 2. Gross misdemeanor; corporate violation. Any person violating the provisions of this chapter is guilty of a gross misdemeanor. Any sentence imposed for any violation by a corporation shall be served by the senior resident officer of the corporation. History: 1973 c 568 […]

Section 238.41 — Insurance.

238.41 INSURANCE. The cable communications system shall carry insurance to protect the parties to the agreement from and against any and all claims, demands, actions, judgments, costs, expenses, and liabilities which may arise or result, directly or indirectly, from or by reason of the loss, injury, claim, or damage. The amount of the insurance must […]

Section 238.17 — Service To Extension Area.

238.17 SERVICE TO EXTENSION AREA. Subdivision 1. Conditions for extension. Notwithstanding the provisions of any other law to the contrary, a cable communications system may extend or provide service outside the boundaries of a core service unit if the cable communications system obtains an extension permit issued by the municipality or municipalities which have jurisdiction […]