SF 2535

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/08/2010 11:45am

A bill for an act
relating to cable communications; clarifying requirements for the granting of
additional cable franchises; amending Minnesota Statutes 2008, section 238.08,
subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 238.08, subdivision 1, is amended to read:

Subdivision 1.

Requirement; conditions.

(a) A municipality 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: (1) the area served; (2)
public, educational, or governmental access requirements; or (3) franchise fees. 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.

new text begin (c) An area for an additional cable franchise is not more favorable or less
burdensome if the franchisee is a telephone company, as defined in section 237.01,
subdivision 7, and the area of the franchise is no less than the area within the municipality
in which the telephone company offers local exchange telephone service. This paragraph
is in addition to and not a limit to the authority of a municipality to grant an additional
franchise for cable service.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective August 1, 2010, and does not affect any litigation pending on
that date.
new text end