Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 568-H.F.No. 2232 
           An act relating to cable television; exempting certain 
          small cable systems; requiring new franchises to be 
          granted on same terms as original franchise; 
          prohibiting utilities from giving unfair preference to 
          affiliated companies that provide cable television 
          service; amending Minnesota Statutes 1986, sections 
          238.02, subdivision 3; and 238.08, subdivision 1; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 238. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 238.02, 
subdivision 3, is amended to read:  
    Subd. 3.  "Cable communications system" means a system 
which operates the service of receiving and amplifying programs 
broadcast by one or more television or radio stations and other 
programs originated by a cable communications company or by 
another party, and distributing those programs by wire, cable, 
microwave or other means, whether the means are owned or leased, 
to persons who subscribe to the service.  This definition does 
not include: 
    (a) a system which serves fewer than 50 subscribers or a 
system which serves more than 50 but fewer than 1,000 
subscribers if the governing bodies of all political 
subdivisions served by the system, vote, by resolution, to 
remove the system from the provisions of this chapter.  No part 
of a system, nor any area within the municipality served by the 
system, may be removed from the provisions of this chapter if 
more than 1,000 subscribers are served by the system.  Any 
system which serves more than 50 but fewer than 1,000 
subscribers that has been removed from the provisions of this 
chapter shall be returned to the provisions of this chapter if 
the governing bodies of 50 percent or more of the political 
subdivisions served by the system vote, by resolution in favor 
of the return; 
    (b) a master antenna television system; 
    (c) a specialized closed-circuit system which does not use 
the public rights-of-way for the construction of its physical 
plant; and 
    (d) a translator system which receives and rebroadcasts 
over-the-air signals.  
    Sec. 2.  Minnesota Statutes 1986, section 238.08, 
subdivision 1, is amended to read:  
    Subdivision 1. (a) A municipality shall require a franchise 
or extension permit of any cable communications system providing 
service within the municipality.  
    (b) No municipality shall grant an additional franchise for 
cable service for an area included in an existing franchise on 
terms and conditions more favorable or less burdensome than 
those in the existing franchise pertaining to:  (1) the area 
served; (2) public, educational, or governmental access 
requirements; or (3) franchise fees.  The provisions of this 
paragraph shall not apply when the area in which the additional 
franchise is being sought is not actually being served by any 
existing cable communications company holding a franchise for 
the area.  Nothing in this paragraph prevents a municipality 
from imposing additional terms and conditions on any additional 
franchises.  
    Sec. 3.  [238.18] [UNFAIR PREFERENCE.] 
     Subdivision 1.  [DEFINITION.] (a) For the purpose of this 
section the following terms have the meanings given them. 
     (b) "Affiliated company" means a person, company, 
corporation, or other entity in which the utility has an 
affiliated interest as defined under section 216B.48, 
subdivision 1. 
     (c) "Utility" means a person, corporation, or other entity 
that operates, maintains, or controls equipment or facilities in 
this state for furnishing at retail electric service to the 
public. 
     Subd. 2.  [UNFAIR PREFERENCE.] No utility may make or give 
a preference or advantage to: 
     (1) a person as an accommodation or inducement to contract 
with or take cable television service from an affiliated company 
if the affiliated company provides cable television service 
within a part of the service area of the utility; or 
     (2) an affiliated company that provides cable television 
service to persons within a part of the service area of the 
utility over an entity that is not an affiliated company that 
also provides cable television service to persons within the 
service area of the utility. 
     Subd. 3.  [REMEDIES.] On a finding by a court of competent 
jurisdiction that either a utility or an affiliated company of 
the utility providing cable television service within a part of 
the service area of the utility has violated a provision of this 
section, the court may grant injunctive relief and may award 
actual damages to an entity that is not an affiliated company of 
a utility providing cable television service to persons within a 
part of the service area of the utility.  In an action under 
this section, the court may award the costs of the action, 
including reasonable attorney fees, to the prevailing party. 
    Approved April 20, 1988