SF 1796

1st Engrossment - 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; 238.242, 
  1.6             subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 238.23, is 
  1.9   amended to read: 
  1.10     238.23 [ACCESS REQUIRED.] 
  1.11     Subdivision 1.  [PROVISION OF ACCESS.] A property owner or 
  1.12  other person controlling access shall provide a cable 
  1.13  communications company access to the property owner's multiple 
  1.14  dwelling complex.  The access provided must be perpetual, 
  1.15  nonexclusive, and freely transferable by one cable 
  1.16  communications company to another.  At the request of the 
  1.17  property owner, a cable communications company, regardless of an 
  1.18  easement or contract to the contrary, shall provide access to 
  1.19  and use of its equipment by alternative providers.  A cable 
  1.20  communications company granted access, and its successors in 
  1.21  interest, must fully comply with sections 238.22 to 238.27.  
  1.22     Subd. 2.  [RESIDENT'S RIGHTS.] The intent of sections 
  1.23  238.22 to 238.27 is to give residents the freedom to choose 
  1.24  among competing cable communications services and nothing in 
  1.25  sections 238.22 to 238.27 shall be interpreted to require 
  1.26  residents to hook up or subscribe to any services offered by any 
  2.1   cable communications company or alternative provider of cable 
  2.2   communications services. 
  2.3      Sec. 2.  Minnesota Statutes 2000, section 238.24, is 
  2.4   amended to read: 
  2.5      238.24 [CONDITIONS FOR ACCESS.] 
  2.6      Subdivision 1.  [IN GENERAL.] An installation of cable 
  2.7   communications facilities under sections 238.22 to 238.27 must 
  2.8   conform to reasonable conditions necessary to protect the 
  2.9   safety, functioning, and aesthetic appearance of the premises, 
  2.10  and the convenience and well-being of the property owner and 
  2.11  residents.  
  2.12     Subd. 2.  [OWNER APPROVAL.] A property owner may require 
  2.13  from a cable communications company before installation or 
  2.14  modification of cable communications facilities, diagrams 
  2.15  showing plans for the placement and securing of the facilities. 
  2.16  A property owner may approve or disapprove installation plans. 
  2.17  Approval of plans may not be unreasonably withheld.  
  2.18     Subd. 3.  [INSTALLATION; BOND.] The facilities must be 
  2.19  installed in an expeditious and workmanlike manner, must comply 
  2.20  with applicable codes, and must be installed parallel to utility 
  2.21  lines when economically feasible.  A property owner may require 
  2.22  a cable communications company to post a bond or equivalent 
  2.23  security in an amount not exceeding the estimated cost of 
  2.24  installation of the cable communications facilities on the 
  2.25  premises.  Any bond filed by a cable communications company with 
  2.26  a municipality which would provide coverage to the property 
  2.27  owner as provided under this subdivision shall be considered to 
  2.28  fulfill the requirements of this subdivision.  
  2.29     Subd. 4.  [INDEMNIFY FOR DAMAGE.] A cable communications 
  2.30  company shall indemnify a property owner for damage caused by 
  2.31  the company in the installation, operation, maintenance, or 
  2.32  removal of its facilities.  
  2.33     Subd. 5.  [RELOCATION.] A property owner may require a 
  2.34  cable communications company, after reasonable written notice, 
  2.35  to promptly relocate cable communications facilities on or 
  2.36  within the premises of the property owner for the purpose of 
  3.1   rehabilitation, redecoration, or necessary maintenance of the 
  3.2   premises by the property owner.  
  3.3      Subd. 6.  [MASTER ANTENNA TELEVISION SYSTEM.] Nothing in 
  3.4   sections 238.22 to 238.27 precludes a property owner from 
  3.5   entering into an agreement for use of a master antenna 
  3.6   television system by a cable communications company or other 
  3.7   television communications service.  
  3.8      Subd. 7.  [COST ALLOCATED.] A cable communications company 
  3.9   shall bear the entire cost of the installation, operation, 
  3.10  maintenance, and removal of a cable communications facility 
  3.11  within the initial franchise service area.  
  3.12     Subd. 8.  [COMPENSATION FOR ACCESS.] (a) A cable 
  3.13  communications company shall:  
  3.14     (1) compensate the property owner for the diminution in 
  3.15  fair market value of the premises resulting directly from the 
  3.16  installation of the nonexclusive cable communications system; 
  3.17  and 
  3.18     (2) reimburse the property owner in an amount not to exceed 
  3.19  $100 for premises containing less than ten dwelling units, and 
  3.20  $200 for other premises, for actual costs incurred by the 
  3.21  property owner with respect to the professional review of the 
  3.22  plans and drawings regarding installation or modification of the 
  3.23  cable communications system, associated contractual materials, 
  3.24  and other documentation.; and 
  3.25     (b) (3) with respect to paragraph (a), clause (1), any 
  3.26  party appearing in a proceeding as provided under section 238.25 
  3.27  may introduce evidence of damages, if any, and special benefits, 
  3.28  if any, to the property occurring by reason of the installation 
  3.29  of the cable communications system. 
  3.30     (b) The property owner and an alternative provider may 
  3.31  enter into an agreement that provides for compensation to the 
  3.32  property owner for the alternative provider's right to install 
  3.33  and operate a communications system on the property owner's 
  3.34  premises.  
  3.35     Subd. 9.  [NOT RETROACTIVE.] Nothing in sections 238.22 to 
  3.36  238.27 affects the validity of an agreement effective before 
  4.1   June 15, 1983, between a property owner, a cable communications 
  4.2   company, or any other person providing cable communications 
  4.3   services on or within the premises of the property owner.  
  4.4      Subd. 10.  [CHANNEL CAPACITY.] (a) A property owner must 
  4.5   provide access by a franchised cable communications company, as 
  4.6   required under section 238.23, only if that cable company 
  4.7   installs equipment with channel capacity sufficient to provide 
  4.8   access to other providers of television programming or cable 
  4.9   communications services so that residents or association members 
  4.10  have a choice of alternative providers of those services.  If 
  4.11  the equipment is installed, the cable communications company 
  4.12  shall allow alternative providers to use the equipment.  If some 
  4.13  of the residents or association members choose to subscribe to 
  4.14  the services of an alternative provider, the cable company that 
  4.15  installed the equipment shall be reimbursed by the other 
  4.16  providers for the cost of equipment and installation on the 
  4.17  property on a pro rata basis which reflects the number of 
  4.18  subscribers of each provider on that property to the total 
  4.19  number of subscribers on that property.  In determining the pro 
  4.20  rata amount of reimbursement by any alternative provider, the 
  4.21  cost of equipment and installation shall be reduced to the 
  4.22  extent of cumulative depreciation of that equipment at the time 
  4.23  the alternative provider begins providing service.  
  4.24     (b) If equipment is already installed as of June 15, 1983, 
  4.25  with channel capacity sufficient to allow access to alternative 
  4.26  providers, the access and pro rata reimbursement provisions of 
  4.27  paragraph (a) apply. 
  4.28     Sec. 3.  Minnesota Statutes 2000, section 238.242, 
  4.29  subdivision 1, is amended to read: 
  4.30     Subdivision 1.  [PROVIDING ALTERNATIVE SERVICE.] Other 
  4.31  providers of television programming or cable communications 
  4.32  services shall notify the cable communications company when a 
  4.33  resident or association member occupying a dwelling unit in a 
  4.34  multiple dwelling complex requests the services provided for by 
  4.35  this section or section 238.241.  After reaching agreement with 
  4.36  the alternative service provider for reimbursement to be paid 
  5.1   for use of the equipment, the cable communications company shall 
  5.2   make available the equipment necessary to provide the 
  5.3   alternative service without unreasonable delay.  A provider has 
  5.4   the same obligations to an alternative service provider under 
  5.5   sections 238.22 to 238.27 if it obtained or obtains access to a 
  5.6   building by consent or by the procedure under section 238.25. 
  5.7      Sec. 4.  [EFFECTIVE DATE.] 
  5.8      Sections 1 to 3 are effective the day following final 
  5.9   enactment.