Minnesota LegislatureOffice of the Revisor of Statutes
Minnesota Session Laws - 1985, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1985
CHAPTER 285-H.F.No. 786
An act relating to state departments and agencies;
transferring authority to make certain appointments to
various commissioners; reducing size of alcohol and
drug abuse advisory council; abolishing the cable
communications board and transferring certain
functions to the commissioner of commerce; abolishing
the telecommunications council; amending Minnesota
Statutes 1984, sections 4.31, subdivision 5; 14.02,
subdivision 4; 15.0591, subdivision 2; 16B.20,
subdivision 2; 16B.33, subdivision 2; 115.74,
subdivision 1; 116C.41, subdivision 2; 121.83;
161.1419, subdivision 2; 238.01; 238.02, subdivision
14, and by adding subdivisions; 238.03; 238.08,
subdivisions 2, 3, and 4; 238.11, subdivision 2;
238.15; 238.16, subdivision 2; 238.17, subdivisions 1
and 5; 238.22, by adding subdivisions; 238.24,
subdivision 10; 250.05; 254A.04; 270.41; 343.01,
subdivision 3; 473.129, subdivision 6; and 611.215,
subdivision 1; amending Laws 1984, chapter 654,
article 2, section 151, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 238;
repealing Minnesota Statutes 1984, sections 3.29,
subdivisions 1 to 11; 16C.01; 238.02, subdivision 4;
238.04 to 238.06; 238.09; 238.10; 238.11, subdivision
1; 238.12, subdivision 3; 238.13; 238.14; 238.16,
subdivision 1; and 238.17, subdivisions 6, 7, and 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1984, section 4.31,
subdivision 5, is amended to read:
Subd. 5. The governor commissioner of administration shall
appoint an advisory committee of not more than 21 members, at
least one member from each economic development region, to
advise and make recommendations to him and the director of
volunteer services. Notwithstanding this numerical limitation,
members currently serving on an advisory group to the governor's
office of volunteer services shall complete their prescribed
terms of office; thereafter, appointments of successors shall be
made so as to be consistent with the numerical limitation
contained in this section. Membership terms, compensation,
removal and filling of vacancies of members and expiration of
the advisory committee shall be as provided in section 15.059;
provided, that members shall not be eligible for a per diem.
Sec. 2. Minnesota Statutes 1984, section 14.02,
subdivision 4, is amended to read:
Subd. 4. [RULE.] "Rule" means every agency statement of
general applicability and future effect, including amendments,
suspensions, and repeals of rules, adopted to implement or make
specific the law enforced or administered by it or to govern its
organization or procedure. It does not include (a) rules
concerning only the internal management of the agency or other
agencies, and which do not directly affect the rights of or
procedure available to the public; (b) rules of the commissioner
of corrections relating to the internal management of
institutions under the commissioner's control and those rules
governing the inmates thereof prescribed pursuant to section
609.105; (c) rules of the division of game and fish published in
accordance with section 97.53; (d) rules relating to weight
limitations on the use of highways when the substance of the
rules is indicated to the public by means of signs; (e) opinions
of the attorney general; (f) the systems architecture plan and
long range plan of the state education management information
system provided by section 121.931; (g) the data element
dictionary and the annual data acquisition calendar of the
department of education to the extent provided by section
121.932; (h) the comprehensive statewide plan of the crime
control planning board provided in section 299A.03; (i) special
terms and conditions for an interim certificate of confirmation
of the Minnesota cable communications board provided in section
238.09; (j) occupational safety and health standards provided in
section 182.655; or (k) (j) rules of the commissioner of public
safety adopted pursuant to section 169.128.
Sec. 3. Minnesota Statutes 1984, section 15.0591,
subdivision 2, is amended to read:
Subd. 2. [BODIES AFFECTED.] A member meeting the
qualifications in subdivision 1 shall be appointed to the
following boards, commissions, advisory councils, task forces,
or committees:
(1) advisory council on battered women;
(2) advisory task force on the use of state facilities;
(3) alcohol and other drug abuse advisory council;
(4) board for community colleges;
(5) board of examiners for nursing home administrators;
(6) board on aging;
(7) cable communications board;
(8) chiropractic examiners board;
(9) (8) consumer advisory council on vocational
rehabilitation;
(10) (9) council for the handicapped;
(11) (10) council on affairs of Spanish-speaking people;
(12) (11) council on black Minnesotans;
(13) (12) dentistry board;
(14) (13) department of economic security advisory council;
(15) (14) higher education coordinating board;
(16) (15) housing finance agency;
(17) (16) Indian advisory council on chemical dependency;
(18) (17) medical examiners board;
(19) (18) medical policy directional task force on mental
health;
(20) (19) metropolitan transit commission or its successor;
(21) (20) Minnesota emergency employment development task
force;
(22) (21) Minnesota office of volunteer services advisory
committee;
(23) (22) Minnesota state arts board;
(24) (23) mortuary sciences advisory council;
(25) (24) nursing board;
(26) (25) optometry board;
(27) (26) pharmacy board;
(28) (27) physical therapists council;
(29) (28) podiatry board;
(30) (29) psychology board;
(31) (30) veterans advisory committee.
Sec. 4. Minnesota Statutes 1984, section 16B.20,
subdivision 2, is amended to read:
Subd. 2. [ADVISORY COUNCIL.] A small business procurement
advisory council is created. The council consists of 13 members
appointed by the governor commissioner of administration. A
chairperson of the advisory council shall be elected from among
the members. The appointments are subject to the appointments
program provided by section 15.0597. The terms and removal of
members are as provided in section 15.059, but members do not
receive per diem or expenses.
Sec. 5. Minnesota Statutes 1984, section 16B.33,
subdivision 2, is amended to read:
Subd. 2. [ORGANIZATION OF BOARD.] (a) [MEMBERSHIP.] The
state designer selection board consists of five individuals, the
majority of whom must be Minnesota residents. Each of the
following three organizations shall nominate one individual
whose name and qualifications shall be submitted to the governor
commissioner of administration for consideration: the
consulting engineers council of Minnesota after consultation
with other professional engineering societies in the state; the
Minnesota society of architects; and the Minnesota board of the
arts. The governor commissioner may appoint the three named
individuals to the board with the advice and consent of the
senate, but the governor may reject a nominated individual and
request another nomination. The remaining two members shall
also be appointed by the governor with the advice and consent of
the senate commissioner.
(b) [NONVOTING MEMBERS.] In addition to the five members of
the board, two nonvoting members shall participate in the
interviewing and selection of designers pursuant to this
section. One shall be a representative of the commissioner and
shall participate in the interviewing and selection of designers
for all projects. The other shall be a representative of the
user agency, who shall participate in the interviewing and
selection of the designers for the project being undertaken by
the user agency. The commissioner shall appoint the
representative of the user agency in consultation with the user
agency.
(c) [TERMS; COMPENSATION; REMOVAL; VACANCIES.] The
membership terms, compensation, removal of members, and filling
of vacancies on the board are as provided in section 15.0575.
No individual may serve for more than two consecutive terms.
(d) [OFFICERS, RULES.] At its first meeting, the board
shall elect a voting member of the board as chairman. The board
shall also elect other officers necessary for the conduct of its
affairs. The board shall adopt rules governing its operations
and the conduct of its meetings. The rules shall provide for
the terms of the chairman and other officers.
(e) [MEETINGS.] The board shall meet as often as is
necessary, not less than twice annually, in order to act
expeditiously on requests submitted to it for selection of
primary designers.
(f) [OFFICE, STAFF, RECORDS.] The department of
administration shall provide the board with suitable quarters to
maintain an office, hold meetings, and keep records. The
commissioner shall designate an employee of the department of
administration to serve as executive secretary to the board and
shall furnish a secretarial staff to the board as necessary for
the expeditious conduct of the board's duties and
responsibilities.
Sec. 6. Minnesota Statutes 1984, section 115.74,
subdivision 1, is amended to read:
Subdivision 1. The water and wastewater treatment
operators certification council shall be composed of six
members. The governor commissioner of health shall appoint four
two members as follows: A currently employed water supply
system operator holding a valid certificate issued by the
commissioner; and a representative of the league of Minnesota
cities. The director of the pollution control agency shall
apoint two members as follows: a currently employed wastewater
treatment facility operator holding a valid certificate issued
by the director; and a university or college faculty member
whose major field is related to water supply or wastewater
collection and treatment; and a representative of the league of
Minnesota municipalities. The remainder of the council shall be
composed of the following persons: A representative of the
state department of health who is either the director of the
division of environmental health or a qualified member of his
staff; the director of the Minnesota pollution control agency or
a qualified member of his staff. In the case of the first
council, the appointments of a water supply system operator and
a wastewater treatment facility operator shall be made from
currently employed operators holding valid certificates under
the voluntary certification program administered by the state
department of health and the Minnesota pollution control agency.
Sec. 7. Minnesota Statutes 1984, section 116C.41,
subdivision 2, is amended to read:
Subd. 2. [SOUTHERN MINNESOTA RIVERS BASIN.] The board
shall guide the creation and implementation of a comprehensive
environmental conservation and development plan for the southern
Minnesota rivers basin. The board shall coordinate state and
local interests with respect to the study in southwestern
Minnesota under Public Law Number 87-639. The board shall
appoint an advisory council to advise the board concerning its
responsibilities under this subdivision. The council shall
consist of 11 members who are residents of the basin and
appointed by the governor chair of the environmental quality
board with the board's concurrence. The council is subject to
the provisions of section 15.059, except that the council shall
expire June 30, 1987. The council shall make recommendations to
the board by June 30, 1985, concerning the establishment of a
statewide advisory council to advise the board on water
resources planning, regulation, and management.
Sec. 8. Minnesota Statutes 1984, section 121.83, is
amended to read:
121.83 [MINNESOTA EDUCATION COUNCIL.]
There is hereby established the Minnesota education council
composed of the members of the education commission of the
states representing this state, and 16 two other persons, two
from each congressional district of which one shall be a
legislator, appointed by the governor for. Four representatives
shall be appointed by the speaker of the house and four senators
shall be appointed by the committee on committees. Legislative
members shall serve terms coinciding with the term their
respective terms of the appointing governor office. Persons
other than legislators shall be selected so as to be broadly
representative of The commissioner of education shall appoint
one member from each congressional district, for terms
coinciding with the term of the commissioner, who broadly
represent professional and lay interests within this state
having the responsibilities for, knowledge with respect to, and
interest in educational matters. The chairman shall be
designated by the governor commissioner shall designate a
chairman from among its the council members. The council shall
meet on the call of the governor commissioner, but in any event
the council shall meet not less than twice in each year. The
council may consider any and all matters relating to
recommendations of the education commission of the states and
the activities of the members representing this state thereon,
shall serve as a forum for major education policies, and shall
serve to exchange information about important education
activities of interest to all parties. Members of the council
shall serve without salary, but shall be reimbursed for actual
expenses incurred in attendance at meetings of the council.
Sec. 9. Minnesota Statutes 1984, section 161.1419,
subdivision 2, is amended to read:
Subd. 2. The commission shall be composed of ten members
of which three one shall be appointed by the governor
commissioner of transportation, one shall be appointed by the
commissioner of natural resources, one shall be appointed by the
commissioner of energy and economic development, three shall be
members of the senate to be appointed by the committee on
committees, and three shall be members of the house of
representatives to be appointed by the speaker. The tenth
member shall be the secretary appointed pursuant to subdivision
3. The members of the commission shall be selected immediately
after final enactment of this act and shall serve for a term
expiring at the close of the next regular session of the
legislature and until their successors are appointed. Successor
members shall be appointed at the close of each regular session
of the legislature by the same appointing authorities. Members
may be reappointed. Any vacancy shall be filled by the
appointing authority. The commissioner of transportation, the
commissioner of natural resources, and the director of the
Minnesota historical society shall be ex officio members, and
shall be in addition to the ten members heretofore provided
for. Immediately upon making the appointments to the commission
the appointing authorities shall so notify the Mississippi River
parkway commission, hereinafter called the national commission,
giving the names and addresses of the members so appointed.
Sec. 10. Minnesota Statutes 1984, section 238.01, is
amended to read:
238.01 [DECLARATION OF LEGISLATIVE FINDINGS AND INTENT.]
Upon investigation of the public interest associated with
cable communications, the legislature of the state of Minnesota
has determined that while cable communications serve in part as
an extension of interstate broadcasting, that their operations
also involve public rights-of-way, municipal franchising, and
vital business and community service, which are of state
concern; that while said operations must be subject to state
oversight, they also must be protected from undue restraint and
regulation so as to assure development of cable systems with
optimum technology and maximum penetration in this state as
rapidly as economically and technically feasible; that the
municipalities and the state would benefit from valuable
educational and public services through cable communications
systems; that the cable communications industry must provide the
opportunity for minority participation and benefit which its
diversity promises; that the public and the business community
would benefit if served by cable channels sufficient to meet the
needs of producers and distributors of program and other
communication content services; that the cable communications
industry is in a period of rapid growth and corporate
consolidation and should proceed in accord with regional and
statewide service objectives; that these objectives should
encourage area-wide service where consistent with the public
interest and discourage concentration of control and ownership
when not in the public interest; and that many municipalities
lack the necessary resources and expertise to plan for and
secure these benefits and to protect subscribers and other
parties to the public interest in franchise negotiations.
There is, therefore, a need for a state agency to develop a
state cable communications policy; to promote the rapid
development of the cable communications industry responsive to
community and public interest and consonant with policies,
regulations and statutes of the federal government; to assure
that cable communications companies provide adequate, economical
and efficient service to their subscribers, the municipalities
within which they are franchised and other parties to the public
interest; to encourage the endeavors of public and private
institutions, municipalities, associations and organizations in
developing programming for public interest; and to provide
minorities with the fullest opportunity to make effective use of
the medium.
It is the intent of the legislature in sections 238.01 to
238.17 this chapter to vest authority in a board to oversee
development of the cable communications industry in Minnesota in
accordance with the statewide service plan; to review the
suitability to practices for franchising cable communications
companies to protect the public interest; to set standards for
cable communications systems and franchise practices; to assure
channel availability for municipal services, educational
television, program diversity, local expression and other
program and communications content services; to assure that
municipal franchising results in communication across
metropolitan areas and in neighborhood communities in larger
municipalities; to provide consultant services guidance to
community organizations and municipalities in franchise
negotiations; and, to stimulate the development of diverse
instructional, educational, community interest and public
affairs programming with full access thereto by cable
communications companies, educational broadcasters and public
and private institutions operating closed circuit television
systems and instructional television fixed services.
Sec. 11. Minnesota Statutes 1984, section 238.02,
subdivision 14, is amended to read:
Subd. 14. "Core service unit" shall mean the municipality,
or, in the case of a joint powers agreement, municipalities, in
which a cable communications system first provides service under
a lawful franchise and from which the cable communications
system extends service into additional areas which are included
in the boundaries of a cable service territory approved by the
board.
Sec. 12. Minnesota Statutes 1984, section 238.02, is
amended by adding a subdivision to read:
Subd. 17. [CLASS A CABLE SYSTEMS.] "Class A cable systems"
means systems that are located outside of the metropolitan area,
are located in a franchise area having a population of 4,000 or
fewer persons, and are serving fewer than 1,000 subscribers.
Sec. 13. Minnesota Statutes 1984, section 238.02, is
amended by adding a subdivision to read:
Subd. 18. [CLASS B CABLE SYSTEMS.] "Class B cable systems"
means all systems, except those systems meeting the criteria of
the class A system, that are located outside of the metropolitan
area, are located in a franchise area having a population of
fewer than 15,000 persons, and are serving fewer than 3,500
subscribers.
Sec. 14. Minnesota Statutes 1984, section 238.02, is
amended by adding a subdivision to read:
Subd. 19. [CLASS C CABLE SYSTEMS.] "Class C cable systems"
means systems that are located in the metropolitan area, or are
located in a franchise area having a population of 15,000 or
more persons or serving 3,500 or more subscribers.
Sec. 15. Minnesota Statutes 1984, section 238.02, is
amended by adding a subdivision to read:
Subd. 20. [METROPOLITAN AREA.] "Metropolitan area" is that
area defined under section 473.121, subdivision 2.
Sec. 16. Minnesota Statutes 1984, section 238.03, is
amended to read:
238.03 [APPLICATION.]
Sections 238.01 to 238.17 apply This chapter applies to
every cable communications system and every cable communications
company as defined in section 238.02, operating within the
state, including a cable communications company which
constructs, operates and maintains a cable communications system
in whole or in part through the facilities of a person
franchised to offer common or contract carrier services.
Persons possessing franchises for any of the purposes
of sections 238.01 to 238.17 this chapter are subject
to sections 238.01 to 238.17 this chapter although no property
has been acquired, business transacted or franchises exercised.
Sec. 17. Minnesota Statutes 1984, section 238.08,
subdivision 2, is amended to read:
Subd. 2. Nothing in this chapter shall be construed to
prevent franchise requirements in excess of those prescribed by
the board, unless such requirement is inconsistent with this
chapter or any regulation of the board.
Sec. 18. Minnesota Statutes 1984, section 238.08,
subdivision 3, is amended to read:
Subd. 3. Nothing in this chapter shall be construed to
limit any municipality from the right to construct, purchase,
and operate a cable communications system. Any municipal system
shall be subject to the laws, rules and regulations of the board
this chapter to the same extent as would any nonpublic cable
communications system.
Sec. 19. Minnesota Statutes 1984, section 238.08,
subdivision 4, is amended to read:
Subd. 4. Nothing in sections 238.01 to 238.17 this chapter
shall be construed to limit the power of any municipality to
impose upon any cable communications company a fee, tax or
charge.
Sec. 20. [238.081] [FRANCHISE PROCEDURE.]
Subdivision 1. [PUBLICATION.] The franchising authority
shall have published once each week for two successive weeks in
a newspaper of general circulation in each municipality within
the cable service territory, a notice of intent to franchise,
requesting applications for the franchise.
Subd. 2. [REQUIRED INFORMATION.] The notice must include
at least the following information:
(1) the name of the municipality making the request;
(2) the closing date for submission of applications;
(3) a statement of the application fee, if any, and the
method for its submission;
(4) a statement by the franchising authority of the desired
system design and services to be offered;
(5) a statement by the franchising authority of criteria
and priorities against which the applicants for the franchise
must be evaluated;
(6) a statement that applications for the franchise must
contain at least the information required by subdivision 4;
(7) the date, time, and place for the public hearing, to
hear proposals from franchise applicants;
(8) the name, address, and telephone number of the
individuals who may be contacted for further information.
Subd. 3. [OTHER RECIPIENTS OF NOTICE.] In addition to the
published notice, the franchising authority shall mail copies of
the notice of intent to franchise to any person it has
identified as being a potential candidate for the franchise.
Subd. 4. [CONTENTS OF FRANCHISING PROPOSAL.] The
franchising authority shall require that proposals for a cable
communications franchise be notarized and contain, but not
necessarily be limited to, the following information:
(1) plans for channel capacity, including both the total
number of channels capable of being energized in the system and
the number of channels to be energized immediately;
(2) a statement of the television and radio broadcast
signals for which permission to carry will be requested from the
Federal Communications Commission;
(3) a description of the proposed system design and planned
operation, including at least the following items:
(i) the general area for location of antennae and the head
end, if known;
(ii) the schedule for activating two-way capacity;
(iii) the type of automated services to be provided;
(iv) the number of channels and services to be made
available for access cable broadcasting; and
(v) a schedule of charges for facilities and staff
assistance for access cable broadcasting;
(4) the terms and conditions under which particular service
is to be provided to governmental and educational entities;
(5) a schedule of proposed rates in relation to the
services to be provided, and a proposed policy regarding unusual
or difficult connection of services;
(6) a time schedule for construction of the entire system
with the time sequence for wiring the various parts of the area
requested to be served in the request for proposals;
(7) a statement indicating the applicant's qualifications
and experience in the cable communications field, if any;
(8) an identification of the municipalities in which the
applicant either owns or operates a cable communications system,
directly or indirectly, or has outstanding franchises for which
no system has been built;
(9) plans for financing the proposed system, which must
indicate every significant anticipated source of capital and
significant limitations or conditions with respect to the
availability of the indicated sources of capital;
(10) a statement of ownership detailing the corporate
organization of the applicant, if any, including the names and
addresses of officers and directors and the number of shares
held by each officer or director, and intracompany relationship
including a parent, subsidiary or affiliated company; and
(11) a notation and explanation of omissions or other
variations with respect to the requirements of the proposal.
Substantive amendments may not be made in a proposal after
a proposal has been submitted to the franchising authority and
before award of a franchise.
Subd. 5. [TIME LIMITS TO SUBMIT APPLICATIONS.] The
franchising authority shall allow at least 20 days from the
first date of published notice to the closing date for
submitting applications.
Subd. 6. [PUBLIC HEARING ON FRANCHISE.] A public hearing
before the franchising authority affording reasonable notice and
a reasonable opportunity to be heard with respect to all
applications for the franchise must be completed at least seven
days before the introduction of the franchise ordinance in the
proceedings of the franchising authority.
Subd. 7. [AWARD OF FRANCHISE.] Franchises may be awarded
only by ordinance.
Subd. 8. [COSTS OF AWARDING FRANCHISE.] Nothing in this
section prohibits a franchising authority from recovering from a
successful applicant the reasonable and necessary costs of the
entire process of awarding the cable communications franchise.
Subd. 9. [FRANCHISING NONPROFIT OR MUNICIPALLY-OWNED
SYSTEM.] Nothing contained in this section prohibits a
franchising authority from franchising a nonprofit or
municipally-owned system. The municipality or nonprofit entity
is considered an applicant for purposes of this section.
Subd. 10. [FRANCHISE; JOINT POWERS.] In the cases of
municipalities acting in concert, the municipalities may
delegate to another entity such duties, responsibilities,
privileges, or activities described in this section, if such
delegation is proper according to state and local law.
Sec. 21. [238.082] [FRANCHISE AMENDMENTS.]
The franchising authority shall act pursuant to local law
pertaining to ordinance amendment procedures.
Sec. 22. [238.083] [SALE OR TRANSFER OF FRANCHISE.]
Subdivision 1. [FUNDAMENTAL CORPORATE CHANGE DEFINED.] For
purposes of this section, "fundamental corporate change" means
the sale or transfer of a majority of a corporation's assets;
merger, including a parent and its subsidiary corporation;
consolidation; or creation of a subsidiary corporation.
Subd. 2. [WRITTEN APPROVAL OF FRANCHISING AUTHORITY.] A
sale or transfer of a franchise, including a sale or transfer by
means of a fundamental corporate change, requires the written
approval of the franchising authority. The parties to the sale
or transfer of a franchise shall make a written request to the
franchising authority for its approval of the sale or transfer.
The franchising authority shall reply in writing within 30 days
of the request and shall indicate its approval of the request or
its determination that a public hearing is necessary if it
determines that a sale or transfer of a franchise may adversely
affect the company's subscribers. The franchising authority
shall conduct a public hearing on the request within 30 days of
that determination.
Subd. 3. [NOTICE OF HEARING.] Unless otherwise already
provided for by local law, notice of the hearing must be given
14 days before the hearing by publishing notice of it once in a
newspaper of general circulation in the area being served by the
franchise. The notice must contain the date, time, and place of
the hearing and must briefly state the substance of the action
to be considered by the franchising authority.
Subd. 4. [APPROVAL OR DENIAL OF SALE OR TRANSFER REQUEST.]
Within 30 days after the public hearing, the franchising
authority shall approve or deny in writing the sale or transfer
request. The approval must not be unreasonably withheld.
Subd. 5. [SALE OR TRANSFER OF FRANCHISE WITHOUT
SYSTEM.] The parties to the sale or transfer of a franchise
only, without the inclusion of a cable communications system in
which at least substantial construction has commenced, shall
establish that the sale or transfer of only the franchise will
be in the public interest.
Subd. 6. [SALE OR TRANSFER OF STOCK.] Sale or transfer of
stock in a corporation so as to create a new controlling
interest in a cable communication system is subject to the
requirements of this section.
The term "controlling interest" as used herein is not
limited to majority stock ownership, but includes actual working
control in whatever manner exercised.
Sec. 23. [238.084] [REQUIRED CONTENTS OF FRANCHISE
ORDINANCE.]
Subdivision 1. [ALL SYSTEMS.] The following requirements
apply to all classes A, B, and C systems unless provided
otherwise:
(a) a provision that the franchise complies with the
Minnesota franchise standards contained in this section;
(b) a provision requiring the franchisee and the
franchising authority to conform to state laws and rules
regarding cable communications not later than one year after
they become effective, unless otherwise stated, and to conform
to federal laws and regulations regarding cable as they become
effective;
(c) a provision limiting the initial and renewal franchise
term to not more than 15 years each;
(d) a provision specifying that the franchise is
nonexclusive;
(e) a provision prohibiting sale or transfer of the
franchise or sale or transfer of stock so as to create a new
controlling interest under section 22, except at the approval of
the franchising authority, which approval must not be
unreasonably withheld, and that the sale or transfer is
completed pursuant to section 22;
(f) a provision granting the franchising authority
collecting a franchise fee the authority to audit the
franchisee's accounting and financial records upon reasonable
notice, and requiring that the franchisee file with the
franchising authority annually reports of gross subscriber
revenues and other information as the franchising authority
deems appropriate;
(g) provisions specifying:
(1) current subscriber charges or that the current charges
are available for public inspection in the municipality;
(2) the length and terms of residential subscriber
contracts, if they exist, or that the current length and terms
of residential subscriber contracts are available for public
inspection in the municipality; and
(3) the procedure by which subscriber charges are
established, unless such a provision is contrary to state or
federal law;
(h) a provision indicating by title the office or officer
of the franchising authority that is responsible for the
continuing administration of the franchise;
(i) a provision requiring the franchisee to indemnify and
hold harmless the franchising authority during the term of the
franchise, and to maintain throughout the term of the franchise,
liability insurance in an amount as the franchising authority
may require insuring both the franchising authority and the
franchisee with regard to damages and penalties which they may
legally be required to pay as a result of the exercise of the
franchise;
(j) a provision that at the time the franchise becomes
effective and thereafter until the franchisee has liquidated all
of its obligation with the franchising authority, the franchisee
shall furnish a performance bond, certificate of deposit, or
other type of instrument approved by the franchising authority
in an amount as the franchising authority deems to be adequate
compensation for damages resulting from the franchisee's
nonperformance. The franchising authority may, from year to
year and in its sole discretion, reduce the amount of the
performance bond or instrument;
(k) a provision that nothing contained in the franchise
relieves a person from liability arising out of the failure to
exercise reasonable care to avoid injuring the franchisee's
facilities while performing work connected with grading,
regrading, or changing the line of a street or public place or
with the construction or reconstruction of a sewer or water
system;
(l) a provision that the franchisee's technical ability,
financial condition, and legal qualification were considered and
approved by the franchising authority in a full public
proceeding that afforded reasonable notice and a reasonable
opportunity to be heard;
(m) a provision requiring the construction of a cable
system with a channel capacity available for immediate or
potential use, equal to a minimum of 72 MHz of bandwidth, the
equivalent of 12 television broadcast channels. For purposes of
this section, a cable system with a channel capacity, available
for immediate or potential use, equal to a minimum of 72 MHz of
bandwidth means: the provision of a distribution system
designed and constructed so that a minimum of 72 MHz of
bandwidth, the equivalent of 12 television broadcast channels,
can be put into use with only the addition of the appropriate
headend equipment;
(n) a provision in initial franchises that there be a full
description of the system proposed for construction and a
schedule showing:
(1) that for franchise areas which will be served by a
system proposed to have fewer than 100 plant miles of cable:
(i) that within 90 days of the granting of the franchise,
the franchisee shall apply for the necessary governmental
permits, licenses, certificates, and authorizations;
(ii) that energized trunk cable must be extended
substantially throughout the authorized area within one year
after receipt of the necessary governmental permits, licenses,
certificates, and authorizations and that persons along the
route of the energized cable will have individual "drops" as
desired during the same period of time; and
(iii) that the requirement of this section may be waived by
the franchising authority only upon occurrence of unforeseen
events or acts of God; or
(2) that for franchise areas which will be served by a
system proposed to have 100 plant miles of cable or more, a
provision:
(i) that within 90 days of the granting of the franchise,
the franchisee shall apply for the necessary governmental
permits, licenses, certificates, and authorizations;
(ii) that engineering and design must be completed within
one year after the granting of the franchise and that a
significant amount of construction must be completed within one
year after the franchisee's receipt of the necessary
governmental permits, licenses, certificates, and authorizations;
(iii) that energized trunk cable must be extended
substantially throughout the authorized area within five years
after commencement of construction and that persons along the
route of the energized cable will have individual "drops" within
the same period of time, if desired; and
(iv) that the requirement of this section be waived by the
franchising authority only upon occurrence of unforeseen events
or acts of God;
(o) unless otherwise already provided for by local law, a
provision that the franchisee shall obtain a permit from the
proper municipal authority before commencing construction of a
cable communications system, including the opening or
disturbance of a street, sidewalk, driveway, or public place.
The provision must specify remedies available to the franchising
authority in cases where the franchisee fails to meet the
conditions of the permit;
(p) unless otherwise already provided for by local law, a
provision that wires, conduits, cable, and other property and
facilities of the franchisee be located, constructed, installed,
and maintained in compliance with applicable codes. The
provision must also specify that the franchisee keep and
maintain its property so as not to unnecessarily interfere with
the usual and customary trade, traffic, or travel upon the
streets and public places of the franchise area or endanger the
life or property of any person;
(q) unless otherwise already provided for by local law, a
provision that the franchising authority and the franchisee
shall establish a procedure in the franchise for the relocation
or removal of the franchisee's wires, conduits, cables, and
other property located in the street, right-of-way, or public
place whenever the franchising authority undertakes public
improvements which affect the cable equipment;
(r) a provision incorporating by reference as a minimum the
technical standards promulgated by the Federal Communications
Commission relating to cable communications systems contained in
subpart K of part 76 of the Federal Communications Commission's
rules and regulations relating to cable communications systems
and found in Code of Federal Regulations, title 47, sections
76.601 to 76.617. The results of tests required by the Federal
Communications Commission must be filed within ten days of the
conduct of the tests with the franchising authority;
(s) a provision establishing how the franchising authority
and the cable communications company shall determine who is to
bear the costs of required special testing;
(t) a provision pertaining to the franchisee's construction
and maintenance of a cable communications system having the
technical capacity for nonvoice return communications which, for
purposes of this section, means the provision of appropriate
system design techniques with the installation of cable and
amplifiers suitable for the subsequent insertion of necessary
nonvoice communications electronic modules.
In cases where an initial franchise is granted, the
franchisee shall provide a cable communications system having
the technical capacity for nonvoice return communications.
When a franchise is renewed, sold, or transferred and is
served by a system that does not have the technical capacity for
nonvoice return communications, the franchising authority shall
determine when and if the technical capacity for nonvoice return
communications is needed after appropriate public proceedings at
the municipal level giving reasonable notice and a reasonable
opportunity to be heard;
(u) a provision stating that no signals of a class IV cable
communications channel may be transmitted from a subscriber
terminal for purposes of monitoring individual viewing patterns
or practices without the express written permission of the
subscriber. The request for permission must be contained in a
separate document with a prominent statement that the subscriber
is authorizing the permission in full knowledge of its
provisions. The written permission must be for a limited period
of time not to exceed one year which is renewable at the option
of the subscriber. No penalty may be invoked for a subscriber's
failure to provide or renew the authorization. The
authorization is revocable at any time by the subscriber without
penalty of any kind. The permission must be required for each
type or classification of class IV cable communications activity
planned for the purpose;
(1) No information or data obtained by monitoring
transmission of a signal from a subscriber terminal, including
but not limited to lists of the names and addresses of the
subscribers or lists that identify the viewing habits of
subscribers, may be sold or otherwise made available to any
party other than to the company and its employees for internal
business use, or to the subscriber who is the subject of that
information, unless the company has received specific written
authorization from the subscriber to make the data available;
(2) Written permission from the subscriber must not be
required for the systems conducting systemwide or individually
addressed electronic sweeps for the purpose of verifying system
integrity or monitoring for the purpose of billing.
Confidentiality of this information is subject to clause (1);
(3) For purposes of this provision, a "class IV cable
communications channel" means a signaling path provided by a
cable communications system to transmit signals of any type from
a subscriber terminal to another point in the communications
system;
(v) a provision specifying the procedure for the
investigation and resolution by the franchisee of complaints
regarding quality of service, equipment malfunction, billing
disputes, and other matters;
(w) a provision requiring that at least a toll-free or
collect telephone number for the reception of complaints be
provided to the subscriber and that the franchisee maintain a
repair service capable of responding to subscriber complaints or
requests for service within 24 hours after receipt of the
complaint or request. The provision must also state who will
bear the costs included in making these repairs, adjustments, or
installations;
(x) a provision granting the franchising authority the
right to terminate and cancel the franchise and the rights and
privileges of the franchise if the franchisee substantially
violates a provision of the franchise ordinance, attempts to
evade the provisions of the franchise ordinance, or practices
fraud or deceit upon the franchising authority.
The municipality shall provide the franchisee with a
written notice of the cause for termination and its intention to
terminate the franchise and shall allow the franchisee a minimum
of 30 days after service of the notice in which to correct the
violation.
The franchisee must be provided with an opportunity to be
heard at a public hearing before the governing body of the
municipality before the termination of the franchise;
(y) a provision that no cable communications company,
notwithstanding any provision in a franchise, may abandon a
cable communications service or a portion of it without having
given three months prior written notice to the franchising
authority. No cable communications company may abandon a cable
communications service or a portion of it without compensating
the franchising authority for damages resulting to it from the
abandonment;
(z) a provision requiring that upon termination or
forfeiture of a franchise, the franchisee remove its cable,
wires, and appliances from the streets, alleys, and other public
places within the franchise area if the franchising authority so
requests, and a procedure to be followed in the event the
franchisee fails to remove its cable, wires, and appliances from
the streets, alleys, and other public places within the
franchise area;
(aa) a provision that when a franchise or cable system is
offered for sale, the franchising authority shall have the right
to purchase the system;
(bb) a provision establishing the minimum number of access
channels that the franchisee shall make available. This
provision must require that the franchisee shall provide to each
of its subscribers who receive some or all of the services
offered on the system, reception on at least one specially
designated access channel. The specially designated access
channel may be used by local educational authorities and local
government on a first-come, first-served, nondiscriminatory
basis. During those hours that the specially designated access
channel is not being used by the local educational authorities
or local government, the franchisee shall lease time to
commercial or noncommercial users on a first-come, first-served,
nondiscriminatory basis if the demand for that time arises. The
franchisee may also use this specially designated access channel
for local origination during those hours when the channel is not
in use by local educational authorities, local government, or
commercial or noncommercial users who have leased time. The VHF
spectrum must be used for the specially designated access
channel required in this paragraph.
The provision must also require that the franchisee shall
establish rules for the administration of the specially
designated access channel.
Franchisees providing only alarm services or only data
transmission services for computer-operated functions do not
need to provide access channel reception to alarm and data
service subscribers.
Subd. 2. [REQUIRED PROVISIONS FOR CLASS B SYSTEM.]
Franchises for class B cable systems must contain statements and
provisions consistent with subdivision 1, unless hereafter
provided otherwise, and statements and provisions consistent
with the following requirements:
(a) a provision establishing the minimum number of access
channels that the franchisee shall make available. Franchisees
subject to this provision are not subject to subdivision 1,
paragraph (bb).
(1) The provision must require that the franchisee provide
to each of its subscribers who receive all or a part of the
total services offered on the system, reception on at least one
specially designated access channel available for use by the
general public on a first-come, first-served, nondiscriminatory
basis. Channel time and playback of prerecorded programming on
this specially designated access channel must be provided
without charge to the general public, except that personnel,
equipment, and production costs may be assessed for live studio
presentations exceeding five minutes in length. Charges for
production costs must be consistent with the goal of affording
the public a low-cost means of television access. The specially
designated access channel may be used by local education
authorities and local government on a first-come, first-served,
nondiscriminatory basis during those hours when the channel is
not in use by the general public. During those hours that the
specially designated access channel is not being used by the
general public, local educational authorities, or local
government, the franchisee shall lease time to commercial or
noncommercial users on a first-come, first-served,
nondiscriminatory basis if the demand for that time arises. The
franchisee may also use this specially designated access channel
for local origination during those hours when the channel is not
in use by the general public, local educational authorities,
local government, or commercial or noncommercial users who have
leased time. The VHF spectrum must be used for the specially
designated access channel required in this paragraph.
(2) The provision must also require that the franchisee
establish rules for the administration of the specially
designated access channel.
(3) The provision must require that whenever the specially
designated access channel required in clause (1) is in use
during 80 percent of the weekdays, Monday to Friday, for 80
percent of the time during a consecutive three-hour period for
six weeks running, and there is a demand for use of an
additional channel for the same purpose, the franchisee has six
months in which to provide a new specially designated access
channel for the same purpose, provided that provision of the
additional channel or channels does not require the cable system
to install converters. Nothing in this section precludes the
installation of converters by the system on a voluntary basis,
as a result of an agreement arrived at through negotiation
between the parties to a franchise, or by a potential access
user who wishes to install converters in order to make use of an
additional channel or channels.
(4) Franchisees providing only alarm services or only data
transmission services for computer-operated functions do not
need to provide access channel reception to alarm and data
service subscribers.
(b) A provision establishing the minimum equipment that the
franchisee shall make available for public use. The provision
shall require that the franchisee make readily available for
public use upon need being shown, at least the minimal equipment
necessary to perform good quality playback of prerecorded
programming, and to make it possible to record programs at
remote locations with battery-operated portable equipment. Need
within the meaning of this section must be determined by
subscriber petition. The petition must contain the signatures
of at least ten percent of the subscribers of the system, but in
no case more than 350 nor fewer than 100 signatures.
Subd. 3. [REQUIRED PROVISIONS FOR CLASS C SYSTEM.]
Franchises for class C cable systems must contain statements and
provisions consistent with subdivision 1, unless this section
provides otherwise, and statements and provisions consistent
with the following requirements:
(a) a provision establishing the minimum number of public,
educational, governmental, and leased access channels that the
franchisee shall make available. Franchisees subject to this
provision are not subject to subdivision 1, paragraph (bb).
(1) The provision must require that the franchisee shall,
to the extent of the system's available channel capacity,
provide to each of its subscribers who receives some or all of
the services offered on the system, reception on at least one
specially designated noncommercial public access channel
available for use by the general public on a first-come,
first-served, nondiscriminatory basis; at least one specially
designated access channel for use by local educational
authorities; at least one specially designated access channel
available for local government use; and at least one specially
designated access channel available for lease on a first-come,
first-served, nondiscriminatory basis by commercial and
noncommercial users. The VHF spectrum must be used for at least
one of the specially designated noncommercial public access
channels required in this paragraph. The provision must require
that no charges may be made for channel time or playback of
prerecorded programming on at least one of the specially
designated noncommercial public access channels required by this
paragraph. Personnel, equipment, and production costs may be
assessed, however, for live studio presentations exceeding five
minutes in length. Charges for those production costs and fees
for use of other public access channels must be consistent with
the goal of affording the public a low-cost means of television
access.
(2) The provision must require that whenever the specially
designated noncommercial public access channel, the specially
designated education access channel, the specially designated
local government access channel, or the specially designated
leased access channel required in clause (1) is in use during 80
percent of the weekdays, Monday to Friday, for 80 percent of the
time during any consecutive three-hour period for six weeks
running, and there is demand for use of an additional channel
for the same purpose, the franchisee shall then have six months
in which to provide a new specially designated access channel
for the same purpose, provided that provision of the additional
channel or channels must not require the cable system to install
converters. However, nothing in this section precludes the
installation of converters by the system on a voluntary basis,
or as a result of an agreement arrived at through negotiation
between the parties to a franchise, or by a potential access
user who wishes to install converters in order to make use of an
additional channel or channels.
(3) The provision must also require that the franchisee
establish rules pertaining to the administration of the
specially designated noncommercial public access channel, the
specially designated educational access channel, and the
specially designated leased access channel required in this
section.
(4) Those systems which offer subscribers the option of
receiving programs on one or more special service channels
without also receiving the regular subscriber services may
comply with this section by providing the subscribers who
receive the special service only, at least one specially
designated composite access channel composed of the programming
on the specially designated noncommercial public access channel,
the specially designated education access channel, and the
specially designated local government access channel required in
this section.
(5) On those systems without sufficient available channel
capacity to allow for activation of all specially designated
access channels required in this section, or when demand for use
of the channels does not warrant activation of all specially
designated access channels required in this section, public,
educational, governmental, and leased access channel programming
may be combined on one or more cable channels. To the extent
time is available, access channels may also be used for other
broadcast and nonbroadcast services, provided that these
services are subject to immediate displacement if there is
demand to use the channel for its specially designated purpose.
The system shall, in any case, provide at least one full channel
on the VHF spectrum for shared access programming.
(6) Franchisees providing only alarm services or only data
transmission services for computer-operated functions do not
need to provide access channel reception to alarm and data
service subscribers.
(b) a provision establishing the minimum equipment that the
franchisee shall make available for public use. The provision
shall require that the franchisee shall make readily available
for public use at least the minimal equipment necessary for the
production of programming and playback of prerecorded programs
for the specially designated noncommercial public access channel
required by paragraph (a), clause (1). The franchisee shall
also make readily available, upon need being shown, the minimum
equipment necessary to make it possible to record programs at
remote locations with battery-operated portable equipment. Need
within the meaning of this section must be determined by
subscriber petition. The petition must contain the signatures
of at least ten percent of the subscribers of the system, but in
no case more than 500 nor fewer than 100 signatures.
(c) a provision establishing the minimum systemwide channel
capacity that the franchisee shall make available. Franchisees
subject to the requirement of this provision are not subject to
the requirements of subdivision 1, paragraph (bb).
(1) The provision must require the construction of a cable
system with a channel capacity, available for immediate or
potential use, equal to a minimum of 120 MHz of bandwidth, the
equivalent of 20 television broadcast channels.
(2) Systems that are already constructed pursuant to a
preexisting franchise requiring fewer than 120 MHz of bandwidth,
the equivalent of fewer than 20 television broadcast channels,
shall have until June 21, 1986, to increase the system's channel
capacity to a minimum of 120 MHz of bandwidth. However, nothing
in this section precludes the parties to a franchise from
negotiating an agreement calling for an increase to a minimum of
120 MHz of bandwidth before June 21, 1986.
(3) For purposes of this section, a cable system with a
channel capacity, available for immediate or potential use,
equal to a minimum of 120 MHz of bandwidth means: the provision
of a distribution system designed and constructed so that a
minimum of 120 MHz of bandwidth, the equivalent of 20 television
broadcast channels, can be put into use with only the addition
of the appropriate headend and subscriber terminal equipment.
(d) In Twin Cities metropolitan area franchises, a
provision designating the standard VHF channel 6 for uniform
regional channel usage as required in section 43.
Subd. 4. [ADDITIONAL TERMS AND CONDITIONS PERMITTED.] A
franchise may contain additional terms and conditions as the
municipality and the franchisee deem appropriate, provided the
additional terms and conditions are consistent with federal and
state law.
Subd. 5. [RECLASSIFICATION OF SYSTEMS.] A franchise must
be amended by the franchising authority when the number of
subscribers served by the cable communications system in the
franchise area changes so as to result in reclassification of
the system under this section. Amendments must include
provisions consistent with the requirements of that class of
cable communications systems.
Sec. 24. [238.085] [COMMISSIONER OF COMMERCE.]
Subdivision 1. [DOCUMENTATION TO THE COMMISSIONER OF
COMMERCE.] Upon the granting of a franchise, the extension of a
franchise for a term, the renewal of a franchise, or the sale or
transfer of a franchise, the franchising authority and the
franchisee shall submit documentation to the commissioner of
commerce certifying that the franchise and the process followed
conform to this chapter, to the extent that these sections are
not inconsistent with federal law.
Subd. 2. [ACTIONS BY COMMISSIONER.] (a) Within 30 days of
receipt of the certificate, the commissioner of commerce shall:
(1) approve the certificate;
(2) disapprove the certificate, indicating in writing to
the applicants why the franchise or the process does not conform
to this chapter; or
(3) request that the applicants provide additional
information within 30 days of the receipt of the request.
(b) If the commissioner of commerce fails to act within 30
days of receiving a certificate or the requested additional
documentation, the certificate is approved. If the commissioner
of commerce fails to issue a final approval or disapproval
within 180 days of the initial receipt of a certificate, the
certificate is approved.
Subd. 3. [WHEN CERTIFICATE DISAPPROVED.] If the
certificate is disapproved, the applicants may either (1) take
the steps as may be necessary to bring the franchise or the
process into conformance and reapply to the commissioner of
commerce, or (2) within 30 days of receiving the disapproval
appeal the decision to the Minnesota court of appeals.
Subd. 4. [OPERATION CONTINUES DURING REVIEW OR
APPEAL.] While the commissioner of commerce is reviewing a
certificate concerning a franchise extension or renewal and
during an appeal of the commissioner of commerce's decision, the
franchisee must be allowed to continue the operation of the
affected cable system.
Subd. 5. [RIGHTS UNDER OTHER LAW.] Nothing in this section
prohibits a franchisee from exercising its legal rights under
federal or state law upon the denial by a franchising authority
of an extension, renewal, transfer, or sale of a franchise.
Sec. 25. Minnesota Statutes 1984, section 238.11,
subdivision 2, is amended to read:
Subd. 2. No cable communications company may prohibit or
limit a program or class or type of program presented over a
leased channel or a channel made available for public access,
governmental or educational purposes. Neither the cable
communications company nor the officers, directors, or employees
of the cable communications system is not liable for any
penalties or damages arising from programming content not
originating from or produced by the cable communications company
and shown on any public access channel, education access
channel, government access channel, leased access channel, or
regional channel.
Sec. 26. Minnesota Statutes 1984, section 238.15, is
amended to read:
238.15 [FINANCIAL INTEREST OF MEMBERS.]
No member of the board or person appointed pursuant to
section 238.04, subdivision 7 shall be employed by, or shall
knowingly have any financial interest in any cable
communications company or its subsidiaries, major equipment or
programming suppliers, or in any broadcasting company holding an
operating license issued by the federal communications
commission or its subsidiaries. Members of any elected body
granting franchises and employees of any franchising body who
would be directly involved in the granting or administration of
franchises for cable communications and who are employed by or
who knowingly have any financial interest in any cable
communications company, bidding on such franchise, or the cable
communications company granted the franchise, or their
subsidiaries, major equipment or program suppliers shall abstain
from participation in the franchising of a cable communications
company or the administration of such franchise.
Sec. 27. Minnesota Statutes 1984, section 238.16,
subdivision 2, is amended to read:
Subd. 2. Any person violating the provisions of sections
238.01 to 238.17 or any rules or regulations made pursuant
thereto, this chapter is guilty of a gross misdemeanor. Any
term of imprisonment imposed for any violation by a corporation
shall be served by the senior resident officer of the
corporation.
Sec. 28. Minnesota Statutes 1984, section 238.17,
subdivision 1, is amended to read:
Subdivision 1. [CONDITIONS FOR EXTENSIONS.]
Notwithstanding the provisions of section 238.09 or any other
law to the contrary, a cable communications system may extend or
provide service outside the boundaries of a core service unit
if: (1) the extension area is not within the seven county
metropolitan area, as defined in section 473.121, subdivision 4;
(2) the board first approves, in accordance with procedures set
forth in the board's rules, the inclusion of the extension area
in the same cable service territory which contains the core
service unit; and (3) the cable communications system obtains
and files with the board an extension permit issued by the
municipality or municipalities which have jurisdiction over the
extension area.
Sec. 29. Minnesota Statutes 1984, section 238.17,
subdivision 5, is amended to read:
Subd. 5. [EXCESS EXTENSION PERMITS.] Nothing in this
section shall be construed to prevent a municipality having
jurisdiction over an extension area from prescribing extension
permit requirements which are in excess of those required by
this section, unless such requirements are inconsistent with
this chapter or with any rule of the board.
Sec. 30. Minnesota Statutes 1984, section 238.22, is
amended by adding a subdivision to read:
Subd. 7. [ALTERNATIVE PROVIDERS.] "Alternative providers"
means other providers of television programming or cable
communications services.
Sec. 31. Minnesota Statutes 1984, section 238.22, is
amended by adding a subdivision to read:
Subd. 8. [ASSOCIATION MEMBER.] "Association member" means
an individual owner of a cooperatively owned multiple dwelling
complex.
Sec. 32. Minnesota Statutes 1984, section 238.22, is
amended by adding a subdivision to read:
Subd. 9. [OTHER PROVIDERS OF TELEVISION PROGRAMMING OR
CABLE COMMUNICATIONS SERVICES.] "Other providers of television
programming or cable communications services" means operators of
master antenna television systems (MATV), satellite master
antenna television systems (SMATV), multipoint distributions
systems (MDS), and direct broadcast satellite systems (DBS).
Sec. 33. Minnesota Statutes 1984, section 238.24,
subdivision 10, is amended to read:
Subd. 10. [CHANNEL CAPACITY.] (a) A property owner must
provide access by a franchised cable communications company, as
required under section 238.23, only if that cable company
installs equipment with channel capacity sufficient to provide
access to other providers of television programming or cable
communications services so that residents or association members
have a choice of alternative providers of those services. If
the equipment is installed, the cable communications company
shall allow alternative providers to use the equipment. If some
of the residents or association members choose to subscribe to
the services of an alternative provider, the cable company that
installed the equipment shall be reimbursed by the other
providers for the cost of equipment and installation on the
property on a pro rata basis which reflects the number of
subscribers of each provider on that property to the total
number of subscribers on that property. In determining the pro
rata amount of reimbursement by any alternative provider, the
cost of equipment and installation shall be reduced to the
extent of cumulative depreciation of that equipment at the time
the alternative provider begins providing service.
(b) If equipment is already installed as of June 15, 1983
with channel capacity sufficient to allow access to alternative
providers, the access and pro rata reimbursement provisions of
paragraph (a) apply.
(c) The board shall promulgate rules by January 1, 1984 to
implement the provisions of this subdivision.
(d) Paragraphs (a) and (b) come into effect after rules
have been promulgated and adopted in accordance with paragraph
(c).
Sec. 34. [238.241] [CONDITIONS FOR ACCESS BY ALTERNATIVE
PROVIDERS.]
Subdivision 1. [CHANNEL CAPACITY.] Cable companies granted
access to a multiple dwelling complex under section 238.25 shall
provide equipment with sufficient channel capacity to be used by
alternative providers of television programming or cable
communications services.
Subd. 2. [TECHNICAL PLAN APPROVAL.] The cable
communications company shall determine the technical plan best
suited for providing the necessary channel capacity sufficient
to allow access to other providers. The plan must be submitted
to the property owner for approval. The owner's approval may
not be unreasonably withheld. No additional compensation for
evaluation of the plan may be paid or given to the property
owner over and above that permitted under section 238.24,
subdivision 8.
Subd. 3. [DUPLICATE CONNECTIONS.] The cable communications
company is not required to provide equipment for connecting more
than one television receiver in one dwelling unit within the
multiple dwelling complex. However, the company may provide
duplicate connections at its discretion.
Sec. 35. [238.242] [REIMBURSEMENT.]
Subdivision 1. [PROVIDING ALTERNATIVE SERVICE.] Other
providers of television programming or cable communications
services shall notify the cable communications company when a
resident or association member occupying a dwelling unit in a
multiple dwelling complex requests the services provided for by
this section or section 34. After reaching agreement with the
alternative service provider for reimbursement to be paid for
use of the equipment, the cable communications company shall
make available the equipment necessary to provide the
alternative service without unreasonable delay.
Subd. 2. [REIMBURSEMENT DETERMINATION.] The amount to be
reimbursed must be determined under section 238.24, subdivision
10. The reimbursed amount must be paid in one installment for
each instance of requested use. The payment may not be refunded
upon subscriber cancellation of the alternative service.
Subd. 3. [FINANCIAL RECORDS MADE AVAILABLE.] The cable
communications company, upon written request, shall make
available to the alternative provider financial records
supporting the reimbursement cost requested.
Sec. 36. [238.36] [DEFINITIONS.]
Subdivision 1. [SCOPE.] As used in sections 36 to 42, the
following terms have the meanings given them unless a different
meaning clearly appears in the text.
Subd. 2. [CABLE COMMUNICATIONS COMPANY'S EQUIPMENT.]
"Cable communications company's equipment" means aerial wires,
cables, amplifiers, associated power supply equipment, and other
transmission apparatus necessary for the proper operation of the
cable communications system in a franchised area.
Subd. 3. [CONDUIT SYSTEM.] "Conduit system" means a
reinforced passage or opening in, on, under, or through the
ground capable of containing communications facilities and
includes the following: main conduit; underground dips and
short sections of conduit under roadways, driveways, parking
lots, and similar conduit installations; laterals to poles and
into buildings; ducts; and manholes.
Subd. 4. [PUBLIC UTILITY COMPANY POLES.] "Public utility
company poles" means poles owned by the public utility and poles
owned by others on which the public utility has the right to
permit others to attach in the communications space on the pole.
Sec. 37. [238.37] [SCOPE.]
Sections 36 to 42 only apply to pole, duct, and conduit
agreements entered into or renewed between public utilities and
cable communications companies on or after January 1, 1976, and
have no application to those agreements executed before January
1, 1976, until those agreements are either renewed or
substantially renegotiated. If a public utility company and a
cable communications company enter into an agreement regarding
only pole attachments, sections 36 to 42 relating to conduit
systems are applicable to that agreement and if a public utility
company and a cable communications company enter into an
agreement regarding only use of a conduit system, sections 36 to
42 relating to pole attachments are not applicable to that
agreement.
Sec. 38. [238.38] [PERMITS.]
Every pole, duct, and conduit agreement must contain a
provision that before attaching to the public utility company's
poles or occupying any part of the public utility's conduit
system, the cable communications company shall apply and receive
a permit for that purpose on a form provided by the public
utility company. If the cable communications company accepts
the permit, it may attach its equipment to the poles covered by
the permit or occupy the conduit system of the public utility to
the extent authorized by the permit, subject to sections 36 to
42 and the terms of the agreement between the contracting
parties. In granting or denying a permit, the public utility
has the right to determine whether a grant of a permit would
adversely affect its public services, duties, and obligations or
have an adverse effect on the economy, safety, and future needs
of the public utility.
Sec. 39. [238.39] [LEGAL AUTHORITY.]
Every pole, duct, and conduit agreement must contain a
provision that the cable communications company shall submit to
the public utility company evidence of the cable communications
company's lawful authority to place, maintain, and operate its
facilities within public streets, highways, and other
thoroughfares and shall secure the legally necessary permits and
consents from federal, state, county, and municipal authorities
to construct, maintain, and operate facilities at the locations
of poles or conduit systems of the public utility company which
it uses. The parties to the agreement shall at all times
observe and comply with, and the provisions of a pole, duct, and
conduit agreement are subject to, the laws, ordinances, and
rules which in any manner affect the rights and obligations of
the parties to the agreement, so long as the laws, ordinances,
or rules remain in effect.
Sec. 40. [238.40] [LIABILITY.]
Every pole, duct, and conduit agreement must contain a
provision that the cable communications company shall defend,
indemnify, protect, and save harmless the public utility from
and against any and all claims and demands for damages to
property and injury or death to persons, including payments made
under any worker's compensation law or under any plan for
employees' disability and death benefits, which may arise out of
or be caused by the erection, maintenance, presence, use, or
removal of the cable communications company's cable, equipment,
and facilities or by the proximity of the cables, equipment, and
facilities of the parties to the agreement, or by any act of the
cable communications company on or in the vicinity of the public
utility company's poles and conduit system, in the performance
of the agreement. Nothing contained in this section relieves
the public utility company from liability for the negligence of
the public utility company or anyone acting under its direction
and control. The cable communications company shall also
indemnify, protect, and save harmless the public utility from
any and all claims and demands which arise directly or
indirectly from the operation of the cable communications
company's facilities including taxes, special charges by others,
claims, and demands for damages or loss for infringement of
copyright, for libel and slander, for unauthorized use of
television broadcast programs, and for unauthorized use of other
program material, and from and against all claims and demands
for infringement of patents with respect to the manufacture,
use, and operation of the cable communications equipment in
combination with the public utility company's poles, conduit
system, or otherwise. Nothing contained in this section
relieves the public utility company from liability for the
negligence of the public utility company or anyone acting under
its direction and control.
Sec. 41. [238.41] [INSURANCE.]
The cable communications company shall carry insurance to
protect the parties to the agreement from and against any and
all claims, demands, actions, judgments, costs, expenses, and
liabilities which may arise or result, directly or indirectly,
from or by reason of the loss, injury, claim, or damage. The
amount of the insurance must be agreed to by the parties to this
agreement. The cable communications company shall also carry
insurance to protect it from all claims under worker's
compensation laws in effect that may be applicable to it.
Insurance required must remain in effect for the entire term of
the agreement.
Sec. 42. [238.42] [ADDITIONAL TERMS.]
Nothing contained in sections 36 to 42 in any way prohibits
a public utility company from including in its pole, duct, and
conduit agreements with cable communications companies
additional terms which do not conflict with sections 36 to 42.
Sec. 43. [238.43] [REGIONAL CHANNEL.]
Subdivision 1. [DEFINITION.] For the purposes of this
section "regional channel entity" means an independent,
nonprofit corporation to govern the operation of the regional
channel.
Subd. 2. [LEGISLATIVE PURPOSE.] The purpose of this
section is to facilitate the activation of a metropolitan area
interconnected regional channel, to be uniformly carried on VHF
channel 6 on cable communications systems operating in the
metropolitan area in order to provide a broad range of
informational, educational, and public service programs and
materials to metropolitan area cable subscribers.
Subd. 3. [VHF CHANNEL 6.] Franchises for cable
communications systems franchised in whole or in part within the
metropolitan area shall contain a provision designating the
standard VHF channel 6 for uniform regional channel usage;
provided, however, that until the regional channel becomes
operational, the designated VHF channel 6 may be utilized by the
cable communications company as it deems appropriate. The
designated regional channel may be combined with the government
access channel until such time as the video programming usage of
the government access channel expands to such point as it is in
use during 80 percent of the time between 8:00 a.m. and 10:00
p.m. during any consecutive six-week period. Use of time on the
regional channel must be made available without charge.
Subd. 4. [USE.] The regional channel will provide a broad
range of informational, educational, and public service programs
and materials to metropolitan area cable subscribers.
Subd. 5. [REGIONAL CHANNEL ENTITY.] The cable
communications board may designate a regional channel entity
prior to July 1, 1985. If the cable communications board does
not designate an entity by June 30, 1985, the metropolitan
council shall appoint the governing body of the regional channel
entity which must consist of 15 members appointed to three-year
terms. In making the initial appointments the metropolitan
council shall designate one-third of the appointees to serve
one-year terms, one-third to serve two-year terms, and one-third
to serve three-year terms. In the case of a vacancy the council
shall appoint a person to fill the vacancy for the remainder of
the unexpired term. The metropolitan council shall name three
appointees from the recommendations received from the
association of metropolitan municipalities and three from the
recommendations received from the cable communications companies
operating in the metropolitan area.
Subd. 6. [REGIONAL CHANNEL OPERATOR.] The regional channel
entity may operate the regional channel or designate the
operator of the regional channel. In the event the regional
channel entity designates the operator of the regional channel,
the designation must be for an initial period not exceeding
three years. Before the expiration of the three-year period,
the regional channel entity shall review its designation and
consider renewal for a term not exceeding three years. Nothing
in this section creates any right to renewal for the operator
designated by the regional channel entity.
Sec. 44. Minnesota Statutes 1984, section 250.05, is
amended to read:
Subdivision 1. There is hereby established as a public
corporation in the executive branch of state government the
Gillette children's hospital board. The purpose of the board
shall be to govern the operation of Gillette children's hospital
in conjunction with the Ramsey county hospital in such manner as
to obtain a maximum of efficiency and economy in the performance
of and training in medical and surgical care of crippled
children with handicaps or disabilities.
Subd. 2. The Gillette children's hospital shall be
governed by a board of directors consisting of nine up to 19
members. Not more than four nine of those appointed by the
governor shall be residents of Ramsey county. The commissioner
of health and the commissioner of economic security shall each
designate a senior employee of their respective departments to
represent them as voting members of the board. The designee of
the commissioner of economic security shall be the person having
authority over the administration of federally recognized
vocational rehabilitation programs. Notwithstanding the
provisions of subdivision 2a, the term of office of a designee
shall be coterminous with the term of office of the designating
commissioner. Of the seven remaining members, at least four
shall be consumers as defined in section 145.833, and one member
shall be a member of the medical staff, to be recommended
elected by the medical staff of the hospital. Members other
than the designees shall be appointed elected by the governor
other members. No member of the board shall be an employee of
or have any direct or immediate family financial interest in a
business entity that provides goods or services to the
hospital. No member of the board may be an employee of the
hospital or employed by have any direct or immediate family
financial interest in a business entity that provides goods or
services to the hospital within the past five years.
Subd. 2a. The membership terms, compensation, and removal
of members, filling of vacancies on the board shall be as
provided in section 15.0575.
Subd. 3. The board shall organize by electing a
chairman chairperson and other officers as may be required. The
Gillette children's hospital board shall employ an administrator
and other professional, technical, and clerical personnel as may
be required. The administrator shall serve at the pleasure of
the board. The Gillette children's hospital board may shall
employ a certified public accountant to annually audit and
examine its financial records. The report of an examination or
audit by a certified public accountant shall be submitted on
request to the legislative auditor who shall review the audit
report and accept it or make additional examinations as he deems
to be in the public interest. The working papers of the
certified public accountant relating to the Gillette children's
hospital board shall be made available to the legislative
auditor upon request.
The Gillette children's hospital board may contract for the
services of individuals who perform medical, technical, or other
services of a professional nature, and may contract for the
purchase of necessary supplies, services, and equipment. Except
as it determines, the Gillette children's hospital board shall
not be subject to the provisions of chapter 16, concerning
budgeting, payroll, and the purchase of goods or services. Any
department of state government is authorized, within the limits
of its functions and appropriations, to assist the
Gillette children's hospital board upon request.
Subd. 3a. All employees of the Gillette children's
hospital who are in the classified service of the state on March
28, 1974 shall be continued as employees of the Gillette
children's hospital board without loss of status, seniority, or
benefits. The departments of administration and personnel shall
endeavor to assist in the transfer elsewhere within state
service of any classified employee who desires such assistance.
Classified personnel may, with their individual approval and the
approval of the Gillette children's hospital board, enter the
unclassified service. Employees who remain in the classified
service of the state under the provisions of this section, may
do so as long as they continue to occupy the position occupied
on March 28, 1974. If such an employee at a subsequent date is
appointed, transferred, promoted, or demoted to a different
position under the Gillette children's hospital board, that
position and employee shall be in the unclassified service. All
other employees of the Gillette children's hospital board shall
be in the unclassified service. The Gillette children's
hospital board may prescribe all terms and conditions of
employment of unclassified employees, including but not limited
to the fixing of classification and compensation, without regard
to the provisions of chapter 15A. Full time employees of the
Gillette children's hospital board shall may be members of the
Minnesota state retirement system for classified employees, to
which the Gillette children's hospital board shall make
employer's contributions.
Subd. 4. The Gillette children's hospital board, acting
through its board of directors, may contract with the governing
body and the owners of the St. Paul Ramsey county hospital
medical center and of any other hospital or institution, for the
joint maintenance and operation of the Gillette children's
hospital in conjunction with existing or contemplated facilities
at the Ramsey county hospital. Contracts may include agreements
for the joint employment and utilization of personnel, the joint
purchase of supplies and equipment, and joint construction,
acquisition, or leasing of space for offices, outpatient
facilities, operating rooms, and other medical facilities for
use in training in the care and treatment of crippled disabled
and handicapped children, the operation of a brace shop an
orthotic/prosthetic laboratory, and the conduct of patient
education programs. No contract shall, however, provide for the
expenditure of funds for additional patient bed capacity.
Subd. 5. The Gillette children's hospital board shall have
the power to accept gifts and grants, to sue and be sued, and to
establish a schedule of charges for medical, hospital, and
rehabilitative all services furnished. All funds received by
the Gillette children's hospital board from any source are
hereby annually appropriated to the Gillette children's hospital
board, which shall be responsible for their management and
control. An annual report shall be submitted to the legislature
by the Gillette children's hospital board not later than
November 15 of each year. The report shall summarize the
activities of the board and the hospital over the preceding
fiscal year, shall evaluate whether the statutory structure for
the board results in effective administration of the hospital
and whether statutory changes are necessary. The report shall
be submitted together with the audit report required by
subdivision 3.
Subd. 6. The Gillette children's hospital shall seek
reimbursement for costs of care and treatment provided, from
parents to the extent of their ability to pay, from insurance
policies covering care and treatment, and from other sources,
including any federally financed medical aids for which the
child is eligible. To the extent of appropriations available
therefor, the department of human services shall continue to
provide financial assistance to the Gillette children's hospital
board to pay for costs of care otherwise unmet which are beyond
the ability of parents to provide. Children from other states
who can benefit from the services of the hospital may be
accepted upon the referral of a medical doctor. Reimbursement
for full costs for care provided non-resident patients shall be
obtained from parents, from insurance policies covering care and
treatment, or from any sources other than the state of Minnesota
which may be available to the child and his family.
Sec. 45. Minnesota Statutes 1984, section 254A.04, is
amended to read:
254A.04 [CITIZENS ADVISORY COUNCIL.]
There is hereby created an alcohol and other drug abuse
advisory council to advise the department of human services
concerning the problems of alcohol and other drug dependency and
abuse, composed of 11 ten members appointed by the governor. At
least Five members shall be individuals whose interests or
training are in the field of alcohol dependency and abuse; and
at least five members whose interests or training are in the
field of dependency and abuse of drugs other than alcohol. The
council shall expire and the terms, compensation and removal of
members shall be as provided in section 15.059. The
commissioner of human services shall appoint members whose terms
end in even-numbered years. The commissioner of health shall
appoint members whose terms end in odd-numbered years.
Sec. 46. Minnesota Statutes 1984, section 270.41, is
amended to read:
270.41 [BOARD OF ASSESSORS.]
A board of assessors is hereby created. The board shall be
for the purpose of establishing, conducting, reviewing,
supervising, coordinating or approving courses in assessment
practices, and establishing criteria for determining assessor's
qualifications. The board shall also have authority and
responsibility to consider other matters relating to assessment
administration brought before it by the commissioner of
revenue. The board shall consist of nine members, who shall be
appointed by the governor commissioner of revenue, in the manner
provided herein.
1. Two from the department of revenue,
2. Two county assessors,
3. Two assessors who are not county assessors, one of whom
shall be a township assessor, and
4. One from the private appraisal field holding a
professional appraisal designation,
5. Two public members as defined by section 214.02.
The appointment provided in 1, 2 and 3, may be made from a
list two lists of not less than three names each, one submitted
to the governor by the commissioner of revenue containing
recommendations for appointees described in 1, by the Minnesota
Association of Assessing Officers or its successor organization
containing recommendations for the appointment of appointees
described in 2, and one by the Minnesota Association of
Assessors, Inc. or its successor organization containing
recommendations for the appointees described in 3,. The lists
must be submitted 30 days before the commencement of the term.
In the case of a vacancy, a new list shall be furnished to
the governor commissioner by the respective organization
immediately. In the event any member of the board shall no
longer be engaged in the capacity listed above, he shall
automatically be disqualified from membership in the board.
The board shall annually elect a chairman and a secretary
of the board.
Sec. 47. Minnesota Statutes 1984, section 343.01,
subdivision 3, is amended to read:
Subd. 3. The society must be governed by a board of
directors consisting of seven persons appointed by the
governor. The governor, the commissioner of education, and the
attorney general, or their designees shall serve as ex officio,
nonvoting members of the board. The membership terms,
compensation, removal, and filling of vacancies of board members
other than ex officio members shall be as provided in section
15.0575; provided that the terms of two initial members shall
expire in each of 1979, 1980, and 1981, and the term of the
seventh initial member shall expire in 1982. The members of the
board shall annually elect a chairman and other officers as
deemed necessary. Meetings must be called by the chairman or at
least two other members. The governor board shall appoint an
executive director who shall serve in the unclassified civil
service at the governor's board's pleasure for a term
coterminous with that of the governor. The executive director
may employ other staff who shall serve in the unclassified civil
service. The commissioner of administration upon request of the
executive director shall supply the board with necessary office
space and administrative services, and the board shall reimburse
the commissioner for the cost.
Sec. 48. Minnesota Statutes 1984, section 473.129,
subdivision 6, is amended to read:
Subd. 6. [PARTICIPATION IN SPECIAL DISTRICT ACTIVITY
METROPOLITAN AREA COMMISSIONS AND BOARDS.] (a) The metropolitan
council shall appoint from its membership a member to serve with
the metropolitan airports commission, a member to serve with the
mosquito control commission, a member to serve on the
Minneapolis-St. Paul sanitary district or any successor thereof,
and may appoint a member to serve on any metropolitan area
commission or board authorized by law. Each member of the
metropolitan council so appointed on each of such commissions
shall serve without a vote.
(b) The metropolitan council shall also appoint individuals
to the governing body of the cable communications metropolitan
interconnected regional channel entity under section 43,
subdivision 5.
Sec. 49. Minnesota Statutes 1984, section 611.215,
subdivision 1, is amended to read:
Subdivision 1. [CREATION; MEMBERSHIP.] There is created a
state board of public defense as a part of, but not subject to
the administrative control of, the judicial branch of
government. The state board of public defense shall consist of
seven members appointed by the governor supreme court including:
(a) A district, county or county municipal court trial
judge;
(b) Four attorneys admitted to the practice of law, well
acquainted with the defense of persons accused of crime, but not
publicly employed as a prosecutor or defense counsel; and
(c) Two public members.
All members shall demonstrate an interest in maintaining a
high quality, independent defense system for those who are
unable to obtain adequate representation. In making the four
appointments of attorneys at law, the governor supreme court
shall first consider a list of at least three nominees for each
position submitted to the governor supreme court by the state
bar association. The terms, compensation and removal of members
shall be as provided in section 15.0575. The chairman shall be
elected by the members from among the membership for a term of
two years.
Sec. 50. Laws 1984, chapter 654, article 2, section 151,
subdivision 2, is amended to read:
Subd. 2. [CREATION OF COUNCIL.] There is created the
Minnesota Manufacturing Growth Council whose purpose is to
address manufacturing concerns in Minnesota. The council shall
consist of 21 members appointed by the governor. The governor
commissioner of energy and economic development shall serve as
chairperson of the council. The governor and shall appoint
seven members who represent manufacturing labor; seven members
who represent manufacturing management; the commissioners of
economic security, energy and economic development, and labor
and industry; one economist; and two members of the
public-at-large. The governor and the commissioners of economic
security and labor and industry shall also be members of the
council. The governor commissioner of energy and economic
development shall seek to appoint at least one member
representing manufacturing businesses owned or managed by women.
Sec. 51. [MOTION PICTURE AND TELEVISION ADVISORY COUNCIL;
APPOINTING AUTHORITY TRANSFERRED.]
Notwithstanding Laws 1983, chapter 301, section 28, the
commissioner of energy and economic development shall appoint
the members of the motion picture and television advisory
council and designate one appointee as chairperson and liaison
to the commissioner.
Sec. 52. [TERMS OF TELECOMMUNICATIONS COUNCIL MEMBERS.]
Notwithstanding Minnesota Statutes, section 15.059 or
16C.01, the terms of all present members of the
telecommunications council shall expire on July 31, 1985.
Sec. 53. [GILLETE CHILDREN'S HOSPITAL BOARD TRANSITION.]
Members of the Gillete children's hospital board on July
31, 1985, carry over as members of the board as restructured by
this act and shall elect additional members other than designees.
Sec. 54. [REPEALER.]
Minnesota Statutes 1984, sections 3.29, subdivisions 1, 2,
3, 4, 5, 6, 7, 8, 9, 10, and 11; 16C.01; 238.02, subdivision 4;
238.04; 238.05; 238.06; 238.09; 238.10; 238.11, subdivision 1;
238.12, subdivision 3; 238.13; 238.14; 238.16, subdivision 1;
and 238.17, subdivisions 6, 7, and 8 are repealed.
Sec. 55. [EFFECTIVE DATE.]
Sections 3, 10 to 43, and 48 are effective July 1, 1985.
Approved May 31, 1985
Official Publication of the State of Minnesota
Revisor of Statutes