2000 Minnesota Statutes

     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 than 
 those in the existing franchise pertaining to:  (1) the area 
 served; (2) public, educational, or governmental access 
 requirements; or (3) franchise fees.  The provisions of this 
 paragraph shall not apply when the area in which the additional 
 franchise is being sought is not actually being served by any 
 existing cable communications company holding a franchise for 
 the area.  Nothing in this paragraph prevents a municipality 
 from imposing additional terms and conditions on any additional 
 franchises.  

    Subd. 2.    Other requirements.  Nothing in this chapter 
 shall be construed to prevent franchise requirements in excess 
 of those prescribed unless such requirement is inconsistent with 
 this chapter. 

    Subd. 3.    Municipal operation.  Nothing in this 
 chapter shall be construed to limit any municipality from the 
 right to construct, purchase, and operate cable communications 
 systems, or, to operate facilities and channels for community 
 television, including, but not limited to, public, educational, 
 and governmental access and local origination programming.  Any 
 municipal system, including the operation of community 
 television by a municipality, shall be subject to this chapter 
 to the same extent as would any nonpublic cable communications 
 system. 

    Subd. 4.    Fee, tax, or charge.  Nothing in this 
 chapter shall be construed to limit the power of any 
 municipality to impose upon any cable communications company a 
 fee, tax or charge. 

    Subd. 5.    Joint commission.  Municipalities may by 
 ordinance or resolution create a joint cable communications 
 commission under section 471.59, to which each member 
 municipality may delegate authority vested in the municipality 
 by statute or charter to prepare, adopt, grant, administer, and 
 enforce a cable communications franchise, and establish rates 
 thereunder.  The adoption, granting, administration and 
 enforcement of a cable communications franchise, and the 
 establishment of rates thereunder by a joint cable 
 communications commission, pursuant to this subdivision is 
 deemed to comply with procedural requirements of a statute or 
 charter for the adoption, granting, administration and 
 enforcement of a franchise, and establishment of rates.  A 
 member of the commission may, by ordinance adopted in the manner 
 provided by section 412.191, subdivision 4, adopt by reference 
 the joint cable communication franchise in the manner provided 
 by section 471.62.  The members and governing body of the joint 
 commission shall consist of two representatives appointed by 
 each municipality, at least one of whom shall be a member of the 
 council of that municipality or its designee and the other a 
 qualified voter residing within that municipality. 

    HIST: 1973 c 568 s 8; 1975 c 271 s 6; 1976 c 249 s 10-12; 1978 
 c 771 s 4; 1980 c 509 s 91; 1980 c 614 s 124; 1981 c 317 s 1; 
 1984 c 377 s 1; 1985 c 285 s 17-19; 1988 c 568 s 2; 2000 c 455 
 art 2 s 1