HF 2378

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to telecommunications; clarifying provisions 
  1.3             allowing later, subsequent telecommunications access 
  1.4             to multiple-resident dwellings; amending Minnesota 
  1.5             Statutes 2000, sections 238.23; 238.24, subdivision 10.
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 238.23, is 
  1.8   amended to read: 
  1.9      238.23 [ACCESS REQUIRED.] 
  1.10     Subdivision 1.  [PROVISION OF ACCESS.] A property owner or 
  1.11  other person controlling access directly or by an easement shall 
  1.12  provide a cable communications company or other provider of 
  1.13  television programming or cable communications services access 
  1.14  to the property owner's multiple dwelling complex.  The access 
  1.15  provided must be perpetual, nonexclusive, and freely 
  1.16  transferable by one cable communications company or provider to 
  1.17  another.  A cable communications company or provider granted 
  1.18  access, and its successors in interest, must fully comply with 
  1.19  sections 238.22 to 238.27.  
  1.20     Subd. 2.  [RESIDENT'S RIGHTS.] The intent of sections 
  1.21  238.22 to 238.27 is to give residents the freedom to choose 
  1.22  among competing cable communications services and nothing in 
  1.23  sections 238.22 to 238.27 shall be interpreted to require 
  1.24  residents to hook up or subscribe to any services offered by any 
  1.25  cable communications company or alternative provider of cable 
  2.1   communications services. 
  2.2      Subd. 3.  [COMPETITORS' RIGHTS.] An incumbent cable 
  2.3   communications company or other provider, upon request, shall 
  2.4   provide other, subsequent providers of television programming, 
  2.5   whether via satellite or cable, or other, subsequent cable 
  2.6   communications service providers immediate use of all of the 
  2.7   equipment of the incumbent company or provider in a multiple 
  2.8   dwelling complex, whether the incumbent has an easement or is 
  2.9   granted entry by contract, including all home run wiring; 
  2.10  provided, however, that if the equipment is owned by the 
  2.11  incumbent provider or cable communications company, the provider 
  2.12  or company is entitled to reasonable reimbursement as provided 
  2.13  in section 238.24, subdivision 10. 
  2.14     Sec. 2.  Minnesota Statutes 2000, section 238.24, 
  2.15  subdivision 10, is amended to read: 
  2.16     Subd. 10.  [CHANNEL CAPACITY.] (a) A property owner or 
  2.17  incumbent cable communications company or other incumbent 
  2.18  provider must provide access and use of equipment by a 
  2.19  franchised cable communications company subsequent provider, as 
  2.20  required under section 238.23, only if that cable company 
  2.21  installs equipment with channel capacity sufficient to provide 
  2.22  access to other providers of television programming or cable 
  2.23  communications services so that residents or association members 
  2.24  have a choice of alternative providers of those services.  If 
  2.25  the equipment is installed,.  The incumbent provider or cable 
  2.26  communications company, upon request, shall allow alternative 
  2.27  providers to immediate use of the equipment.  If some of the 
  2.28  residents or association members choose to subscribe to the 
  2.29  services of an alternative provider or subsequent provider of 
  2.30  television programming, whether via satellite or cable, or cable 
  2.31  communications services, the cable company or provider that 
  2.32  installed the equipment shall be reimbursed is entitled to 
  2.33  reimbursement by the other providers for the cost of equipment 
  2.34  and installation on the property on a pro rata basis which that 
  2.35  reflects the number of subscribers of each provider on that 
  2.36  property to the total number of subscribers on that property.  
  3.1   In determining the pro rata amount of reimbursement by any 
  3.2   alternative provider, the cost of equipment and 
  3.3   installation shall must be reduced to the extent of cumulative 
  3.4   depreciation of that equipment at the time the alternative 
  3.5   provider begins providing service.  
  3.6      (b) If equipment is already installed as of June 15, 1983 
  3.7   with channel capacity sufficient to allow access to alternative 
  3.8   providers, the access and pro rata reimbursement provisions of 
  3.9   paragraph (a) apply. 
  3.10     Sec. 3.  [EFFECTIVE DATE.] 
  3.11     Sections 1 and 2 are effective the day following final 
  3.12  enactment.