238.02 DEFINITIONS. Subdivision 1. Scope. The words and phrases used in this chapter have the following meanings unless a different meaning clearly appears in the text. Subd. 1a. Access. “Access” means entrance onto the premises of the property owner and an easement for purposes of surveying, designing, installing, inspecting, maintaining, operating, repairing, replacing, or removing […]
238.03 APPLICABILITY. This chapter applies to every cable communications system, as defined in section 238.02, operating within the state, including a cable communications system comprised in whole or in part of facilities subject to regulation under chapter 237. Persons possessing franchises for any of the purposes of this chapter are subject to this chapter although […]
238.08 FRANCHISE REQUIREMENT. Subdivision 1. Requirement; conditions. (a) A municipality shall require a franchise or extension permit of any cable communications system providing service within the municipality. (b) No municipality shall grant an additional franchise for cable service for an area included in an existing franchise on terms and conditions more favorable or less burdensome […]
238.081 FRANCHISE PROCEDURE. Subdivision 1. Publication of notice. The franchising authority shall have published once each week for two successive weeks in a newspaper of general circulation in each municipality within the cable service territory, a notice of intent to consider an application for a franchise other than a franchise renewal pursuant to United States […]
238.083 SALE OR TRANSFER OF FRANCHISE. Subdivision 1. Fundamental corporate change defined. For purposes of this section, “fundamental corporate change” means the sale or transfer of a majority of a corporation’s assets; merger, including a parent and its subsidiary corporation; consolidation; or creation of a subsidiary corporation. Subd. 2. Written approval of franchising authority. A […]
238.084 REQUIRED CONTENTS OF FRANCHISE ORDINANCE. Subdivision 1. All systems. The following requirements apply to all cable communications systems unless provided otherwise: (a) a provision that the franchise shall comply with the Minnesota franchise standards contained in this section; (b) a provision requiring the franchisee and the franchising authority to conform to state laws and […]
238.086 FRANCHISE HOLDER EXEMPTION. If there is a conflict in language between the franchise of a person holding a franchise agreement with a local unit of government and an ordinance regulating use of public rights-of-way, the terms of the franchise shall prevail. History: 1997 c 123 s 8
238.11 CENSORSHIP PROHIBITED. Subdivision 1. [Repealed, 1985 c 285 s 54] Subd. 2. Access channel. No cable communications system may prohibit or limit a program or class or type of program presented over a leased channel or a channel made available for public access, governmental or educational purposes. Neither the person operating a cable communications […]
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 […]
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 […]
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 […]
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 […]
238.18 UNFAIR PREFERENCE. Subdivision 1. MS 2002 [Paragraph (a) renumbered subdivision 1] [Paragraph (b) renumbered 238.02, subd 1b] [Paragraph (c) renumbered 238.02, subd 34] Subdivision 1. Definitions. For the purpose of this section the terms defined in section 238.02, subdivisions 1b and 34, have the meanings given them. Subd. 2. Unfair preference prohibited. No utility […]
238.22 DEFINITIONS. Subdivision 1. Scope. The terms used in sections 238.22 to 238.27 have the meanings given them in section 238.02, subdivisions 1a, 1c, 1d, 21a, 28a, 29a, 31a, and 31d. Subd. 2. [Renumbered subd 10] Subd. 3. [Renumbered subd 11] Subd. 4. [Renumbered subd 13] Subd. 5. [Renumbered subd 14] Subd. 6. [Renumbered 238.02, […]
238.23 ACCESS REQUIRED. Subdivision 1. Provision of access. A property owner or other person controlling access shall provide a cable communications system access to the property owner’s multiple dwelling complex. The access provided must be perpetual and freely transferable by one person operating a cable communications system to another. A cable communications system granted access, […]
238.24 CONDITIONS FOR ACCESS. Subdivision 1. In general. An installation of cable communications facilities under sections 238.02, subdivisions 1a, 1c, 1d, 21a, 28a, 29a, 31a, and 31d, and 238.22 to 238.27 must conform to reasonable conditions necessary to protect the safety, functioning, and aesthetic appearance of the premises, and the convenience and well-being of the […]
238.241 CONDITIONS FOR ACCESS BY ALTERNATIVE PROVIDER. Subdivision 1. Channel capacity. Cable systems granted access to a multiple dwelling complex under section 238.25 shall provide equipment with sufficient channel capacity to be used by alternative providers of television programming or cable communications services. Subd. 2. Technical plan approval. The cable communications system shall determine the […]
238.242 REIMBURSEMENT. Subdivision 1. Providing alternative service. Other providers of television programming or cable communications services shall notify the person operating a cable communications system when a resident or association member occupying a dwelling unit in a multiple dwelling complex requests the services provided for by this section or section 238.241. After reaching agreement with […]
238.25 PROCEDURE. Subdivision 1. Applicable provisions. The procedure for acquiring access under sections 238.02, subdivisions 1a, 1c, 1d, 21a, 28a, 29a, 31a, and 31d, and 238.22 to 238.27 must be as provided under this section, notwithstanding any provisions of chapter 117. Subd. 2. Notice and offer; manner of service. (a) To obtain access to property […]
238.26 SUBSEQUENT TAKING. In the event the premises upon which cable communications equipment has been installed is subsequently condemned by the state or by another entity empowered under state law to condemn by exercise of the power of eminent domain, the cable communications system’s measure of damages for the taking shall be limited to the […]
