HF 1319

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to telecommunications; changing requirements
for granting additional cable franchises; amending
Minnesota Statutes 2004, section 238.08, subdivision
1, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 238.08,
subdivision 1, is amended to read:

Subdivision 1.

Requirement; conditions.

(a) A
municipality new text begin or its franchise authority new text end 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 deleted text begin : (1) the area
served; (2) public, educational, or governmental access
requirements; or (3) deleted text end franchise fees. deleted text begin 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 system holding a franchise for the
area. Nothing in this paragraph prevents a municipality from
imposing additional terms and conditions on any additional
franchises. deleted text end new text begin The grant of an additional franchise may include an
area for cable service similar to that in an existing franchise
or another area that the municipality or its franchise authority
determines is necessary or desirable to reasonably meet the
needs of the municipality or its franchise authority.
Additional franchises must be granted or rejected by a
municipality within 180 days of the notice of application being
published in a newspaper of general circulation unless the date
is extended by mutual agreement of the additional franchise
provider and municipality.
new text end

Sec. 2.

Minnesota Statutes 2004, section 238.08, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Local public, educational, and governmental
access channels. new text end

new text begin (a) An additional franchise must ensure that
all subscribers receive local public, educational, and
governmental access channels within the additional franchise
provider's franchise area.
new text end

new text begin (b) An additional franchise must ensure that all
subscribers receive local public, educational, and governmental
access channels and local origination channels as specified in
the existing franchise, and on channels designated within the
existing franchise or actually used for the delivery of public,
educational, and governmental access and local origination. An
additional franchise provider must not be required to provide
any public, educational, and governmental access or local
origination channels not specified in an existing franchise or
in actual use for those purposes.
new text end

new text begin (c) An existing franchise provider must be required to
permit an additional franchise provider to connect with its
local public, educational, and governmental access and local
origination channel feeds and provide an additional franchise
provider with the programming on those channels. An additional
franchise provider and the existing franchise provider may
decide how to accomplish this connection, taking into
consideration the exact physical and technical circumstances of
the systems involved. An agreement must be negotiated between
the additional franchise provider and the existing franchise
provider specifying these requirements.
new text end

new text begin The additional franchise provider may proceed with
providing its services before public, educational, and
governmental access negotiations are completed. If the
additional franchise provider and existing franchise provider
cannot agree on how to accomplish this within three months from
the effective date of the granting of the additional franchise,
the municipality or its franchising authority may adopt a
resolution specifying these requirements. The costs of
connection to the existing franchise provider's public,
educational, and governmental access channel feed must be borne
by the additional franchise provider. The municipality or its
franchise authority may require that the connection occur on
government property or on public rights-of-way.
new text end

new text begin (d) An additional franchise provider shall make financial
contributions that are equivalent annually, on a per customer
basis, to the public, educational, and governmental access
services, facilities, and equipment provided or made available
by the existing franchise provider.
new text end

new text begin (e) For in-kind contributions, such as cameras and
production studios, an additional franchise provider may satisfy
its requirements by negotiating mutually agreeable terms with
the existing franchise provider and the municipality or its
franchise authority so that public, educational, and
governmental access and local origination services to the
community are improved or increased.
new text end

new text begin (f) An additional franchise provider must adjust its
systems to comply with new public, educational, and governmental
access and local origination obligations imposed by a cable
franchise renewal. The additional franchise provider must not,
however, be required to displace other programmers using its
system to accommodate public, educational, and governmental
access and local origination channels. The additional franchise
provider must comply with the public, educational, and
governmental access and local origination obligations whenever
additional capacity is or becomes available, whether it is due
to increased channel capacity or decreased demand for channel
capacity.
new text end

new text begin (g) A municipality or its franchising authority may not
impose public, educational, and governmental access or local
origination obligations on the additional franchise provider
that would exceed those imposed on the existing franchise
provider.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final
enactment.
new text end