1.1 	A bill for an act
1.2 	relating to cable communications; clarifying requirements for the granting of 
1.3 	additional cable franchises; amending Minnesota Statutes 2008, section 238.08, 
1.4 	subdivision 1.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2008, section 238.08, subdivision 1, is amended to read:
1.7 		Subdivision 1.Requirement; conditions. (a) A municipality shall require a 
1.8 	franchise or extension permit of any cable communications system providing service 
1.9 	within the municipality.
1.10 	(b) No municipality shall grant an additional franchise for cable service for an 
1.11 	area included in an existing franchise on terms and conditions more favorable or less 
1.12 	burdensome than those in the existing franchise pertaining to: (1) the area served; (2) 
1.13 	public, educational, or governmental access requirements; or (3) franchise fees. The 
1.14 	provisions of this paragraph shall not apply when the area in which the additional franchise 
1.15 	is being sought is not actually being served by any existing cable communications system 
1.16 	holding a franchise for the area. Nothing in this paragraph prevents a municipality from 
1.17 	imposing additional terms and conditions on any additional franchises.
1.18 	(c)  An area for an additional cable franchise is not more favorable or less 
1.19 	burdensome if the franchisee is a telephone company, as defined in section 237.01, 
1.20 	subdivision 7, and the area of the franchise is no less than the area within the municipality 
1.21 	in which the telephone company offers local exchange telephone service. This paragraph 
1.22 	is in addition to and not a limit to the authority of a municipality to grant an additional 
1.23 	franchise for cable service.

2.1 	Sec. 2. EFFECTIVE DATE.
 2.2 	Section 1 is effective August 1, 2010, and does not affect any litigation pending on 
2.3 	that date.