SF 442

3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to utilities; modifying provisions relating 
  1.3             to municipal utilities, cooperative electric 
  1.4             cooperatives, and natural gas pipelines; regulating 
  1.5             use of public rights-of-way by telecommunications 
  1.6             carriers; creating task force; requiring rulemaking; 
  1.7             amending Minnesota Statutes 1996, sections 237.04; 
  1.8             237.16, subdivision 1; and 237.74, subdivision 5; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapters 237; and 238; repealing Minnesota Statutes 
  1.11            1996, section 237.163, subdivision 5. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1996, section 237.04, is 
  1.14  amended to read: 
  1.15     237.04 [WIRES CROSSING OR PARALLELING UTILITY LINES; 
  1.16  RULES.] 
  1.17     (a) The department shall determine and promulgate 
  1.18  reasonable rules covering the maintenance and operation, also 
  1.19  the nature, location, and character of the construction to be 
  1.20  used, where telephone, telegraph, electric light, power, or 
  1.21  other electric wires of any kind, or any natural gas pipelines, 
  1.22  cross, or more or less parallel the lines of any railroad, 
  1.23  interurban railway, or any other public utility similar public 
  1.24  service corporation; and, to this end, shall formulate and from 
  1.25  time to time, issue general rules covering each class of 
  1.26  construction, maintenance, and operation of such electric wire 
  1.27  or natural gas pipeline crossing, or paralleling, under the 
  1.28  various conditions existing; and the department, upon the 
  2.1   complaint of any person, railroad, interurban railway, municipal 
  2.2   utility, cooperative electric association, or other public 
  2.3   utility claiming to be injuriously affected or subjected to 
  2.4   hazard by any such crossing or paralleling lines constructed or 
  2.5   about to be constructed, shall, after a hearing, make such order 
  2.6   and prescribe such terms and conditions for the construction, 
  2.7   maintenance, and operation of the lines in question as may be 
  2.8   just and reasonable. 
  2.9      (b) The department may, upon request of any municipal 
  2.10  utility, electric cooperative association, or public utility, 
  2.11  determine the just and reasonable charge which a railroad, or 
  2.12  owner of an abandoned railroad right-of-way, can prescribe for a 
  2.13  new or existing crossing of a railroad right-of-way by an 
  2.14  electric or gas line, based on the diminution in value caused by 
  2.15  the crossing of the right-of-way by the electric or gas line.  
  2.16  This section shall not be construed to eliminate the right of a 
  2.17  public utility, municipal utility, or electric cooperative 
  2.18  association to have any of the foregoing issues determined 
  2.19  pursuant to an eminent domain proceeding commenced under chapter 
  2.20  117.  Unless the railroad, or owner of an abandoned railroad 
  2.21  right-of-way, asserts in writing that the proposed crossing is a 
  2.22  serious threat to the safe operations of the railroad or to the 
  2.23  current use of the railroad right-of-way, a crossing can be 
  2.24  constructed following filing of the requested action with the 
  2.25  department, pending review of the requested action by the 
  2.26  department. 
  2.27     The department shall assess the cost of reviewing the 
  2.28  requested action, and of determining a just and reasonable 
  2.29  charge, equally among the parties. 
  2.30     Sec. 2.  Minnesota Statutes 1996, section 237.16, 
  2.31  subdivision 1, is amended to read: 
  2.32     Subdivision 1.  [NEW SERVICE, CERTIFICATE OF AUTHORITY.] 
  2.33  (a) For the purpose of bringing about fair and reasonable 
  2.34  competition for local exchange telephone services, the 
  2.35  commission has the exclusive authority, subject to the authority 
  2.36  of a local government unit under sections 237.162 and 237.163, 
  3.1   to: 
  3.2      (1) authorize any person to construct telephone lines or 
  3.3   exchanges or to otherwise furnish local service to subscribers 
  3.4   in any municipality of this state, and to prescribe the terms 
  3.5   and conditions upon which construction or service delivery may 
  3.6   be carried on; and 
  3.7      (2) establish terms and conditions for the entry of 
  3.8   telephone service providers so as to protect consumers from 
  3.9   monopolistic practices and preserve the state's commitment to 
  3.10  universal service.  
  3.11     (b) No person shall provide telephone service in Minnesota 
  3.12  without first obtaining a determination that the person 
  3.13  possesses the technical, managerial, and financial resources to 
  3.14  provide the proposed telephone services and a certificate of 
  3.15  authority from the commission under terms and conditions the 
  3.16  commission finds to be consistent with fair and reasonable 
  3.17  competition, universal service, the provision of affordable 
  3.18  telephone service at a quality consistent with commission rules, 
  3.19  and the commission's rules.  
  3.20     (c) The commission shall make a determination on an 
  3.21  application for a certificate within 120 days of the filing of 
  3.22  the application.  
  3.23     (d) The governing body of any municipality or town shall 
  3.24  have the same powers of regulation which it now possesses with 
  3.25  reference to the location of poles, wires, and other equipment 
  3.26  or facilities on, below, or above the streets, alleys, or other 
  3.27  public grounds so as to prevent any interference with the safe 
  3.28  and convenient use of streets, alleys, and other public grounds 
  3.29  by the public.  
  3.30     (e) A telephone company or telecommunications carrier shall 
  3.31  provide for repair or restoration of streets, alleys, and other 
  3.32  public areas to their original condition if necessitated by the 
  3.33  installation or operation of telephone or telecommunications 
  3.34  carrier facilities. 
  3.35     Sec. 3.  [237.162] [PUBLIC RIGHTS-OF-WAY; DEFINITIONS.] 
  3.36     Subdivision 1.  [GENERALLY.] The terms used in sections 
  4.1   237.162 and 237.163 have the meanings given to them in this 
  4.2   section. 
  4.3      Subd. 2.  [LOCAL GOVERNMENT UNIT.] "Local government unit" 
  4.4   means a county, home rule charter or statutory city, or town. 
  4.5      Subd. 3.  [PUBLIC RIGHT-OF-WAY.] "Public right-of-way" 
  4.6   means the area on, below, or above a public roadway, highway, 
  4.7   street, cartway, bicycle lane, and public sidewalk in which the 
  4.8   local government unit has an interest, including other dedicated 
  4.9   rights-of-way for travel purposes and utility easements of local 
  4.10  government units. 
  4.11     A public right-of-way does not include the airwaves above a 
  4.12  public right-of-way with regard to cellular or other nonwire 
  4.13  telecommunications or broadcast service. 
  4.14     Subd. 4.  [TELECOMMUNICATIONS RIGHT-OF-WAY USER.] 
  4.15  "Telecommunications right-of-way user" means a person owning or 
  4.16  controlling a facility in the public right-of-way, or seeking to 
  4.17  own or control a facility in the public right-of-way, that is 
  4.18  used or is intended to be used for transporting 
  4.19  telecommunications or other voice or data information.  A cable 
  4.20  communication system defined and regulated under chapter 238, 
  4.21  and telecommunications activities related to providing natural 
  4.22  gas or electric energy services whether provided by a public 
  4.23  utility as defined in section 216B.02, a municipality, a 
  4.24  municipal gas or power agency organized under chapter 453 or 
  4.25  453A, or a cooperative electric association organized under 
  4.26  chapter 308A, are not telecommunications right-of-way users for 
  4.27  the purposes of this section and section 237.163. 
  4.28     Subd. 5.  [EXCAVATE.] "Excavate" means to dig into or in 
  4.29  any way remove, physically disturb, or penetrate a part of a 
  4.30  public right-of-way. 
  4.31     Subd. 6.  [OBSTRUCT.] "Obstruct" means to place a tangible 
  4.32  object in a public right-of-way so as to hinder free and open 
  4.33  passage over that or any part of the right-of-way. 
  4.34     Subd. 7.  [RIGHT-OF-WAY PERMIT.] "Right-of-way permit" 
  4.35  means a permit to perform work in a public right-of-way, whether 
  4.36  to excavate or obstruct the right-of-way. 
  5.1      Subd. 8.  [MANAGE THE PUBLIC RIGHT-OF-WAY.] "Manage the 
  5.2   public right-of-way" means the authority of a local government 
  5.3   unit to do any or all of the following: 
  5.4      (1) require registration; 
  5.5      (2) require construction performance bonds and insurance 
  5.6   coverage; 
  5.7      (3) establish installation and construction standards; 
  5.8      (4) establish and define location and relocation 
  5.9   requirements for equipment and facilities; 
  5.10     (5) establish coordination and timing requirements; 
  5.11     (6) require telecommunications right-of-way users to 
  5.12  submit, for right-of-way projects commenced after the effective 
  5.13  date of this section, whether initiated by a local government 
  5.14  unit or any telecommunications right-of-way user, project data 
  5.15  reasonably necessary to allow the local government unit to 
  5.16  develop a right-of-way mapping system, such as a geographical 
  5.17  information mapping system; 
  5.18     (7) require telecommunication right-of-way users to submit, 
  5.19  upon request of a local government unit, existing data on the 
  5.20  location of the user's facilities occupying the public 
  5.21  right-of-way within the local government unit.  The data may be 
  5.22  submitted in the form maintained by the user and in a reasonable 
  5.23  time after receipt of the request based on the amount of data 
  5.24  requested; 
  5.25     (8) establish right-of-way permitting requirements for 
  5.26  street excavation and obstruction; 
  5.27     (9) establish removal requirements for abandoned equipment 
  5.28  or facilities, if required in conjunction with other 
  5.29  right-of-way repair, excavation, or construction; and 
  5.30     (10) impose reasonable penalties for unreasonable delays in 
  5.31  construction. 
  5.32     Subd. 9.  [MANAGEMENT COSTS OR RIGHTS-OF-WAY MANAGEMENT 
  5.33  COSTS.] "Management costs" or "rights-of-way management costs" 
  5.34  means the actual costs a local government unit incurs in 
  5.35  managing its public rights-of-way, and includes such costs, if 
  5.36  incurred, as those associated with registering applicants; 
  6.1   issuing, processing, and verifying right-of-way permit 
  6.2   applications; inspecting job sites and restoration projects; 
  6.3   maintaining, supporting, protecting, or moving user equipment 
  6.4   during public right-of-way work; determining the adequacy of 
  6.5   right-of-way restoration; restoring work inadequately performed 
  6.6   after providing notice and the opportunity to correct the work; 
  6.7   and revoking right-of-way permits.  Management costs do not 
  6.8   include payment by a telecommunications right-of-way user for 
  6.9   the use of the public right-of-way, the fees and cost of 
  6.10  litigation relating to the interpretation of this section or 
  6.11  section 237.163 or any ordinance enacted under those sections, 
  6.12  or the local unit of government's fees and costs related to 
  6.13  appeals taken pursuant to section 4, subdivision 5. 
  6.14     Sec. 4.  [237.163] [USE AND REGULATION OF PUBLIC 
  6.15  RIGHTS-OF-WAY.] 
  6.16     Subdivision 1.  [LEGISLATIVE FINDING.] The legislature 
  6.17  finds, and establishes the principle that, it is in the state's 
  6.18  interest that the use and regulation of public rights-of-way be 
  6.19  carried on in a fair, efficient, competitively neutral, and 
  6.20  substantially uniform manner, while recognizing such regulation 
  6.21  must reflect the distinct engineering, construction, operation, 
  6.22  maintenance and public and worker safety requirements, and 
  6.23  standards applicable to various users of public rights-of-way.  
  6.24  Because of the potential for installation by telecommunication 
  6.25  companies of multiple and competing facilities within the public 
  6.26  rights-of-way, the legislature finds it is necessary to enact 
  6.27  the provisions of sections 237.162 and 237.163 to specifically 
  6.28  authorize local government units to regulate the use of public 
  6.29  rights-of-way by telecommunications right-of-way users.  
  6.30     Subd. 2.  [GENERALLY.] (a) Subject to this section, a 
  6.31  telecommunications right-of-way user authorized to do business 
  6.32  under the laws of this state or by license of the Federal 
  6.33  Communications Commission may construct, maintain, and operate 
  6.34  conduit, cable, switches, and related appurtenances and 
  6.35  facilities along, across, upon, above, and under any public 
  6.36  right-of-way. 
  7.1      (b) Subject to this section, a local government unit has 
  7.2   the authority to manage its public rights-of-way and to recover 
  7.3   its rights-of-way management costs.  The authority defined in 
  7.4   this section may be exercised at the option of the local 
  7.5   government unit.  The exercise of this authority is not mandated 
  7.6   under this section.  A local government unit may, by ordinance: 
  7.7      (1) require a telecommunications right-of-way user seeking 
  7.8   to excavate or obstruct a public right-of-way for the purpose of 
  7.9   providing telecommunications services to obtain a right-of-way 
  7.10  permit to do so and to impose permit conditions consistent with 
  7.11  the local government unit's management of the right-of-way; 
  7.12     (2) require a telecommunications right-of-way user using, 
  7.13  occupying, or seeking to use or occupy a public right-of-way for 
  7.14  the purpose of providing telecommunications services to register 
  7.15  with the local government unit by providing the local government 
  7.16  unit with the following information: 
  7.17     (i) the applicant's name, gopher state one-call 
  7.18  registration number under section 216D.03, address, and 
  7.19  telephone and facsimile numbers; 
  7.20     (ii) the name, address, and telephone and facsimile numbers 
  7.21  of the applicant's local representative; 
  7.22     (iii) proof of adequate insurance; and 
  7.23     (iv) other information deemed reasonably necessary by the 
  7.24  local government unit for the efficient administration of the 
  7.25  public right-of-way; and 
  7.26     (3) require telecommunications right-of-way users to submit 
  7.27  to the local government unit plans for construction and major 
  7.28  maintenance that provide reasonable notice to the local 
  7.29  government unit of projects that the telecommunications 
  7.30  right-of-way user expects to undertake that may require 
  7.31  excavation and obstruction of public rights-of-way. 
  7.32     (c) A local government unit may also require a 
  7.33  telecommunications right-of-way user that is registered with the 
  7.34  local government unit pursuant to paragraph (b), clause (2), to 
  7.35  periodically update the information in its registration 
  7.36  application. 
  8.1      Subd. 3.  [RESTORATION.] (a) A telecommunications 
  8.2   right-of-way user, after an excavation of a public right-of-way, 
  8.3   shall provide for restoration of the right-of-way and 
  8.4   surrounding areas, including the pavement and its foundation, in 
  8.5   the same condition that existed before the excavation.  Local 
  8.6   government units that choose to perform their own surface 
  8.7   restoration required as a result of the excavation may require 
  8.8   telecommunications right-of-way users to reimburse the 
  8.9   reasonable costs of that surface restoration.  Restoration of 
  8.10  the public right-of-way must be completed within the dates 
  8.11  specified in the right-of-way permit, unless the permittee 
  8.12  obtains a waiver or a new or amended right-of-way permit. 
  8.13     (b) If a telecommunications right-of-way user elects not to 
  8.14  restore the public right-of-way, a local government unit may 
  8.15  impose a degradation fee in lieu of restoration to recover costs 
  8.16  associated with a decrease in the useful life of the public 
  8.17  right-of-way caused by the excavation of the right-of-way by a 
  8.18  telecommunications right-of-way user.  
  8.19     (c) A telecommunications right-of-way user that disturbs 
  8.20  uncultivated sod in the excavation or obstruction of a public 
  8.21  right-of-way shall plant grasses that are native to Minnesota 
  8.22  and, wherever practicable, that are of the local eco-type, as 
  8.23  part of the restoration required under this subdivision, unless 
  8.24  the owner of the real property over which the public 
  8.25  right-of-way traverses objects.  In restoring the right-of-way, 
  8.26  the telecommunications right-of-way user shall consult with the 
  8.27  department of natural resources regarding the species of native 
  8.28  grasses that conform to the requirements of this paragraph. 
  8.29     Subd. 4.  [PERMIT DENIAL OR REVOCATION.] (a) A local 
  8.30  government unit may deny any application for a right-of-way 
  8.31  permit if the telecommunications right-of-way user does not 
  8.32  comply with a provision of this section.  
  8.33     (b) A local government unit may deny an application for a 
  8.34  right-of-way permit if the local government unit determines that 
  8.35  the denial is necessary to protect the health, safety, and 
  8.36  welfare or when necessary to protect the public right-of-way and 
  9.1   its current use. 
  9.2      (c) A local government unit may revoke a right-of-way 
  9.3   permit granted to a telecommunications right-of-way user, with 
  9.4   or without fee refund, in the event of a substantial breach of 
  9.5   the terms and conditions of statute, ordinance, rule, or 
  9.6   regulation or any material condition of the permit.  A 
  9.7   substantial breach by a permittee includes, but is not limited 
  9.8   to, the following: 
  9.9      (1) a material violation of a provision of the right-of-way 
  9.10  permit; 
  9.11     (2) an evasion or attempt to evade any material provision 
  9.12  of the right-of-way permit, or the perpetration or attempt to 
  9.13  perpetrate any fraud or deceit upon the local government unit or 
  9.14  its citizens; 
  9.15     (3) a material misrepresentation of fact in the 
  9.16  right-of-way permit application; 
  9.17     (4) a failure to complete work in a timely manner, unless a 
  9.18  permit extension is obtained or unless the failure to complete 
  9.19  work is due to reasons beyond the permittee's control; and 
  9.20     (5) a failure to correct, in a timely manner, work that 
  9.21  does not conform to applicable standards, conditions, or codes, 
  9.22  upon inspection and notification by the local government unit of 
  9.23  the faulty condition. 
  9.24     (d) Subject to this subdivision, a local government unit 
  9.25  may not deny an application for a right-of-way permit for 
  9.26  failure to include a project in a plan submitted to the local 
  9.27  government unit under subdivision 2, paragraph (b), clause (3), 
  9.28  when the telecommunications right-of-way user has used 
  9.29  commercially reasonable efforts to anticipate and plan for the 
  9.30  project. 
  9.31     (e) In no event may a local government unit unreasonably 
  9.32  withhold approval of an application for a right-of-way permit, 
  9.33  or unreasonably revoke a permit. 
  9.34     Subd. 5.  [APPEAL.] (a) A telecommunications right-of-way 
  9.35  user that:  (1) has been denied registration; (2) has been 
  9.36  denied a right-of-way permit; (3) has had its right-of-way 
 10.1   permit revoked; or (4) believes that the fees imposed on the 
 10.2   user by the local government unit do not conform to the 
 10.3   requirements of subdivision 6, may have the denial, revocation, 
 10.4   or fee imposition reviewed, upon written request, by the 
 10.5   governing body of the local government unit.  The governing body 
 10.6   of the local government unit shall act on a timely written 
 10.7   request at its next regularly scheduled meeting.  A decision by 
 10.8   the governing body affirming the denial, revocation, or fee 
 10.9   imposition must be in writing and supported by written findings 
 10.10  establishing the reasonableness of the decision.  
 10.11     (b) Upon affirmation by the governing body of the denial, 
 10.12  revocation, or fee imposition, the telecommunications 
 10.13  right-of-way user shall have the right to have the matter 
 10.14  resolved by binding arbitration.  Binding arbitration must be 
 10.15  before an arbitrator agreed to by both the local government unit 
 10.16  and the telecommunications right-of-way user.  If the parties 
 10.17  cannot agree on an arbitrator, the matter must be resolved by a 
 10.18  three-person arbitration panel made up of one arbitrator 
 10.19  selected by the local government unit, one arbitrator selected 
 10.20  by the telecommunications right-of-way user and one person 
 10.21  selected by the other two arbitrators.  The costs and fees of a 
 10.22  single arbitrator shall be borne equally by the local government 
 10.23  unit and the telecommunications right-of-way user. 
 10.24     In the event there is a third arbitrator, each party shall 
 10.25  bear the expense of its own arbitrator and shall jointly and 
 10.26  equally bear with the other party the expense of the third 
 10.27  arbitrator and of the arbitration. 
 10.28     Each party to the arbitration shall pay its own costs, 
 10.29  disbursements, and attorney fees. 
 10.30     Subd. 6.  [FEES.] (a) A local government unit may recover 
 10.31  its right-of-way management costs by imposing a fee for 
 10.32  registration, a fee for each right-of-way permit, or, when 
 10.33  appropriate, a fee applicable to a particular telecommunications 
 10.34  right-of-way user when that user causes the local government 
 10.35  unit to incur costs as a result of actions or inactions of that 
 10.36  user.  A local government unit may not recover from a 
 11.1   telecommunications right-of-way user costs caused by another 
 11.2   entity's activity in the right-of-way. 
 11.3      (b) Fees, or other right-of-way obligations, imposed by a 
 11.4   local government unit on telecommunications right-of-way users 
 11.5   under this section must be: 
 11.6      (1) based on the actual costs incurred by the local 
 11.7   government unit in managing the public right-of-way; 
 11.8      (2) based on an allocation among all users of the public 
 11.9   right-of-way, including the local government unit itself, which 
 11.10  shall reflect the proportionate costs imposed on the local 
 11.11  government unit by each of the various types of uses of the 
 11.12  public rights-of-way; 
 11.13     (3) imposed on a competitively neutral basis; and 
 11.14     (4) imposed in a manner so that above-ground uses of public 
 11.15  rights-of-way do not bear costs incurred by the local government 
 11.16  unit to regulate underground uses of public rights-of-way. 
 11.17     (c) The rights, duties, and obligations regarding the use 
 11.18  of the public right-of-way imposed under this section must be 
 11.19  applied to all users of the public right-of-way, including the 
 11.20  local government unit while recognizing regulation must reflect 
 11.21  the distinct engineering, construction, operation, maintenance 
 11.22  and public and worker safety requirements, and standards 
 11.23  applicable to various users of the public rights-of-way.  For 
 11.24  users subject to the franchising authority of a local government 
 11.25  unit, to the extent those rights, duties, and obligations are 
 11.26  addressed in the terms of an applicable franchise agreement, the 
 11.27  terms of the franchise shall prevail over any conflicting 
 11.28  provision in an ordinance. 
 11.29     Subd. 7.  [ADDITIONAL RIGHTS-OF-WAY PROVISIONS.] (a) In 
 11.30  managing the public rights-of-way and in imposing fees under 
 11.31  this section, no local government unit may: 
 11.32     (1) unlawfully discriminate among telecommunications 
 11.33  right-of-way users; 
 11.34     (2) grant a preference to any telecommunications 
 11.35  right-of-way user; 
 11.36     (3) create or erect any unreasonable requirement for entry 
 12.1   to the public rights-of-way by telecommunications right-of-way 
 12.2   users; or 
 12.3      (4) require a telecommunications right-of-way user to 
 12.4   obtain a franchise or pay for the use of the right-of-way. 
 12.5      (b) A telecommunications right-of-way user need not apply 
 12.6   for or obtain right-of-way permits for facilities that are 
 12.7   located in public rights-of-way on the effective date of this 
 12.8   section for which the user has obtained the required consent of 
 12.9   the local government unit, or that are otherwise lawfully 
 12.10  occupying the public right-of-way.  However, the 
 12.11  telecommunications right-of-way user may be required to register 
 12.12  and to obtain a right-of-way permit for an excavation or 
 12.13  obstruction of existing facilities within the public 
 12.14  right-of-way after the effective date of this section. 
 12.15     (c) Data and documents exchanged between a local government 
 12.16  unit and a telecommunications right-of-way user are subject to 
 12.17  the terms of chapter 13.  A local government unit not complying 
 12.18  with this paragraph is subject to the penalties set forth in 
 12.19  section 13.08. 
 12.20     (d) A local government unit may not collect a fee imposed 
 12.21  under this section through the provision of in-kind services by 
 12.22  a telecommunications right-of-way user, nor may a local 
 12.23  government unit require the provision of in-kind services as a 
 12.24  condition of consent to use the local government unit's public 
 12.25  right-of-way. 
 12.26     Subd. 8.  [UNIFORM STATEWIDE STANDARDS.] (a) To ensure the 
 12.27  safe and convenient use of public rights-of-way in the state, 
 12.28  the public utilities commission shall develop and adopt by March 
 12.29  1, 1998, statewide construction standards for the purposes of 
 12.30  achieving substantial statewide uniformity in construction 
 12.31  standards where appropriate, providing competitive neutrality 
 12.32  among telecommunications right-of-way users, and permitting 
 12.33  efficient use of technology.  The standards shall govern: 
 12.34     (1) the terms and conditions of right-of-way construction, 
 12.35  excavation, maintenance, and repair; and 
 12.36     (2) the terms and conditions under which telecommunications 
 13.1   facilities and equipment are placed in the public right-of-way. 
 13.2      (b) The public utilities commission is authorized to 
 13.3   review, upon complaint by an aggrieved telecommunications 
 13.4   right-of-way user, a decision or regulation by a local 
 13.5   government unit that is alleged to violate a statewide standard. 
 13.6      (c) A local unit of government may not adopt an ordinance 
 13.7   or other regulation that conflicts with a standard adopted by 
 13.8   the commission for the purposes described in paragraph (a). 
 13.9      Sec. 5.  Minnesota Statutes 1996, section 237.74, 
 13.10  subdivision 5, is amended to read: 
 13.11     Subd. 5.  [EXTENSION OF FACILITIES.] A telecommunications 
 13.12  carrier may extend its facilities into or through a statutory or 
 13.13  home rule charter city or town of this state for furnishing its 
 13.14  services, subject to the regulation of the governing body of the 
 13.15  city or town relative to the location of poles and wires and the 
 13.16  preservation of the safe and convenient use of streets and 
 13.17  alleys by the public provisions of sections 237.162 and 
 13.18  237.163.  Nothing in this subdivision shall be construed to 
 13.19  allow or prohibit facilities bypass of the local exchange 
 13.20  telephone company, nor shall it be construed to prohibit the 
 13.21  commission from issuing orders concerning facilities bypass of 
 13.22  the local exchange telephone company. 
 13.23     Sec. 6.  [237.79] [TELEPHONE COMPANY PROVIDING CABLE 
 13.24  SERVICE.] 
 13.25     A telephone company that provides cable television services 
 13.26  shall, with respect to provisioning of those services in 
 13.27  Minnesota, be subject to the same franchise requirements, 
 13.28  procedures, and fees, and public, educational, and government 
 13.29  access requirements as a cable communication company under 
 13.30  chapter 238. 
 13.31     Sec. 7.  [237.81] [SCOPE.] 
 13.32     To the extent they regulate telecommunications right-of-way 
 13.33  users, sections 1 to 5 supersede sections 222.37, 300.03, and 
 13.34  300.04, and any ordinance, regulation, or rule to the contrary. 
 13.35     Sec. 8.  [238.086] [FRANCHISE HOLDER EXEMPTION.] 
 13.36     If there is a conflict in language between the franchise of 
 14.1   a person holding a franchise agreement with a local unit of 
 14.2   government and an ordinance regulating use of public 
 14.3   rights-of-way, the terms of the franchise shall prevail.  
 14.4      Sec. 9.  [ADVISORY TASK FORCE; UNIFORM STATEWIDE 
 14.5   STANDARDS.] 
 14.6      The public utilities commission shall convene a task force 
 14.7   consisting of engineering and other experts representing, in 
 14.8   equal proportions:  (1) local government units; and (2) affected 
 14.9   utilities and other users of the public rights-of-way, to 
 14.10  establish recommendations to the commission regarding the 
 14.11  uniform statewide standards required under section 4, 
 14.12  subdivision 8.  In addition to those general standards, the 
 14.13  advisory task force shall provide recommendations to the 
 14.14  commission regarding:  the calculation of degradation costs; the 
 14.15  establishment of right-of-way mapping systems; the establishment 
 14.16  of high-density corridors within certain rights-of-way; the 
 14.17  indemnification of local government units by right-of-way users 
 14.18  and other liability conditions; and the recommended terms of a 
 14.19  model ordinance or ordinances regulating use of public 
 14.20  rights-of-way under the jurisdiction of local government units.  
 14.21  The model ordinance or ordinances is advisory, and is not 
 14.22  binding on local government units.  The advisory task force 
 14.23  shall complete its work and provide its recommendations to the 
 14.24  commission by November 1, 1997.  The public utilities commission 
 14.25  shall incorporate the recommendations of the advisory task force 
 14.26  in the rules developed and adopted by the commission under 
 14.27  section 4, subdivision 8. 
 14.28     Sec. 10.  [HIGH-DENSITY CORRIDORS; LIMITATION.] 
 14.29     A local unit of government may not establish a high-density 
 14.30  corridor within its right-of-way for right-of-way users by 
 14.31  ordinance or otherwise until the public utilities commission 
 14.32  adopts uniform statewide standards under Minnesota Statutes, 
 14.33  section 237.163, subdivision 8. 
 14.34     Sec. 11.  [REPEALER.] 
 14.35     Section 4, subdivision 5, is repealed, effective June 30, 
 14.36  1999. 
 15.1      Sec. 12.  [EFFECTIVE DATE.] 
 15.2      Section 1 is effective August 1, 1998. 
 15.3      Sections 2 to 10 are effective the day following final 
 15.4   enactment, except that: 
 15.5      (1) section 4, subdivision 3, paragraph (b), is effective 
 15.6   upon the earlier of March 1, 1998, or the adoption by the public 
 15.7   utilities commission of the rules required under section 4, 
 15.8   subdivision 8; and 
 15.9      (2) section 3, subdivision 8, clause (3), is effective upon 
 15.10  the earlier of March 1, 1998, or the adoption of the rules 
 15.11  required under section 4, subdivision 8, but local government 
 15.12  units may exercise the authority that existed before November 1, 
 15.13  1996, with regard to the powers described in that clause, until 
 15.14  those rules are adopted.