Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 261-H.F.No. 2151
An act relating to utilities; changing certain
telecommunications provisions; providing credits for
incorrect directory assistance; regulating utility
deposits; repealing obsolete rules; regulating cable
franchises; providing for expanded calling areas;
providing for reduced rate regulation for local
service; providing for consumer protection for
wireless customers; regulating cable systems; imposing
penalties; amending Minnesota Statutes 2002, sections
237.01, by adding a subdivision; 237.06; 237.462,
subdivision 1; 238.02, subdivision 3; 238.03; 238.08,
subdivisions 3, 4; 238.081; 238.083, subdivisions 2,
4; 238.084, subdivision 1; 238.11, subdivision 2;
238.22, subdivision 13; 238.23; 238.24, subdivisions
3, 4, 6, 9, 10; 238.242, subdivisions 1, 3; 238.25,
subdivisions 5, 10; 238.35, subdivisions 1, 4; 238.36,
subdivision 2; 238.39; 238.40; 238.43, subdivision 1;
325E.02; Laws 1999, chapter 224, section 7; proposing
coding for new law in Minnesota Statutes, chapters
237; 238; 325F; repealing Minnesota Statutes 2002,
sections 238.01; 238.02, subdivisions 2, 17, 18, 19,
25; 238.082; 238.083, subdivisions 3, 5; 238.084,
subdivisions 2, 3, 5; 238.12, subdivision 1a; 238.36,
subdivision 1; Minnesota Rules, parts 7810.0100,
subparts 16, 17, 18, 30, 32, 33, 39; 7810.0700;
7810.3400; 7810.3500; 7810.3600; 7810.3700; 7810.3800;
7810.4200; 7810.4400; 7810.4500; 7810.4600; 7810.4700;
7810.4800; 7810.5600; 7810.6900; 7810.8760; 7815.0100;
7815.0200; 7815.0300; 7815.0400; 7815.0500; 7815.0600.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
INCORRECT DIRECTORY ASSISTANCE
Section 1. Minnesota Statutes 2002, section 237.01, is
amended by adding a subdivision to read:
Subd. 8. [LOCAL EXCHANGE CARRIER.] "Local exchange carrier"
means a telephone company or telecommunications carrier
providing local exchange service.
Sec. 2. [237.155] [CREDIT FOR INCORRECT DIRECTORY
ASSISTANCE.]
A local exchange carrier that provides directory assistance
to customers for a fee, either directly or by contracting with a
third party, must provide for an immediate credit to a customer
that informs the directory assistance provider that the provider
has given the customer incorrect information for which the
provider charged the customer a fee. A local exchange carrier
must notify its customers of the right to the immediate credit
for incorrect directory assistance. The notice must be in a
writing labeled "NOTICE OF RIGHT TO INCORRECT DIRECTORY
ASSISTANCE CREDIT." The notice must be given to a new customer
within 45 days of commencing service and at least annually
thereafter and the notification print must be of sufficient size
to be clearly legible.
ARTICLE 2
UTILITY DEPOSITS
Section 1. Minnesota Statutes 2002, section 237.06, is
amended to read:
237.06 [REASONABLE RATE RATES AND SERVICE DEPOSITS.]
It shall be the duty of every telephone company to furnish
reasonably adequate service and facilities for the accommodation
of the public, and its rates, tolls, and charges shall be fair
and reasonable for the intrastate use thereof. All unreasonable
rates, tolls, and charges are hereby declared to be unlawful.
Any telephone company organized after January 1, 1949, may
include in its charges a reasonable deposit fee not exceeding
$50 for facilities furnished.
Sec. 2. Minnesota Statutes 2002, section 325E.02, is
amended to read:
325E.02 [CUSTOMER DEPOSITS.]
Any customer deposit required before commencement of
service by a privately or publicly owned water, gas, telephone,
cable television, electric light, heat, or power company shall
be subject to the following:
(a) Upon termination of service with all bills paid, the
deposit shall be returned to the customer within 45 days, less
any deductions made in accordance with paragraph (c).
(b) Interest shall be paid on deposits in excess of $20 at
the rate of not less than three percent per year. The rate of
interest must be set annually and be equal to the weekly average
yield of one-year United States Treasury securities adjusted for
constant maturity for the last full week in November. The
interest rate must be rounded to the nearest tenth of one
percent. By December 15 of each year, the commissioner of
commerce shall announce the rate of interest that must be paid
on all deposits held during all or part of the subsequent year.
The company may, at its option, pay the interest at intervals it
chooses but at least annually, by direct payment, or as a credit
on bills.
(c) At the time the deposit is made the company shall
furnish the customer with a written receipt specifying the
conditions, if any, the deposit will be diminished upon return.
(d) Advance payments or prepayments shall not be construed
as being a deposit.
Sec. 3. [RULES OR ORDERS SUPERSEDED.]
The interest rate set in section 2 supersedes any rate set
in rule or by administrative order.
Sec. 4. [EFFECTIVE DATE.]
Section 2 applies to interest paid on deposits held as of
January 1, 2005, and thereafter.
ARTICLE 3
OBSOLETE RULES REPEALER
Section 1. [REPEALER.]
Minnesota Rules, parts 7810.0100, subparts 16, 17, 18, 30,
32, 33, and 39; 7810.0700; 7810.3400; 7810.3500; 7810.3600;
7810.3700; 7810.3800; 7810.4200; 7810.4400; 7810.4500;
7810.4600; 7810.4700; 7810.4800; 7810.5600; 7810.6900;
7810.8760; 7815.0100; 7815.0200; 7815.0300; 7815.0400;
7815.0500; and 7815.0600, are repealed.
ARTICLE 4
EXTENDED SERVICE AREAS
Section 1. [237.414] [EXPANDED CALLING AREAS; TRANSPORT
FACILITIES; TERMINATIONS.]
Subdivision 1. [EXPANDED CALLING AREAS.] (a) In addition
to any existing authority applicable to telephone companies, a
telephone company may expand the area to which it can provide
calling to its customers upon filing with the commission any
agreements between the telephone company and other telephone
companies and telecommunications carriers entered into under
subdivision 3. Calling to these expanded areas must be optional
to customers and must be in addition to the customers' existing
local service and any extended area service. Subject to
sections 237.06 and 237.09, the telephone company may determine
the quantity of expanded calling to provide, the prices for that
calling, and whether to offer calling alone or in combination
with one or more other telephone or unregulated services.
(b) Prices for expanded calling service or for bundles of
services that include expanded calling must exceed the variable
cost of the expanded calling service or bundles of services,
determined on an aggregate basis. A telephone company is not
required to file cost information before implementing its prices
and is not required to file cost information except on request
of the department, Office of the Attorney General, or
commission. Customers must be notified of local service options
and prices, including options that do not include expanded
calling, as required under section 237.66. The telephone
company shall clearly identify the distinction between the
expanded calling area and the basic local calling area to
customers. The telephone company is not required to offer
unlimited flat-rate calling to these expanded calling areas.
The telephone company shall file tariffs setting forth the
expanded calling area along with the applicable prices and
quantities of calling.
(c) A rate increase or a substantial change in terms and
conditions of the expanded calling service may be effective 30
days after filing with the commission and 30 days after
providing written notice to affected customers. Rate decreases
may be effective immediately upon filing. Minor changes to
terms and conditions may be effective immediately upon filing
and upon notice to customers. This section does not apply to
extended area service or to calling areas previously or
hereafter established by order of the commission. This section
does not limit the existing rights and obligations of telephone
companies and telecommunications carriers to provide local
calling, including the obligation to offer unlimited flat rate
calling in the basic local calling area or expanded calling area.
Subd. 2. [OBTAINING TRANSPORT, SWITCHING FACILITIES.] A
telephone company may construct, purchase, lease, or rent
transport and switching facilities between its existing local
area and the expanded calling area that are needed to provide
the expanded calling. If the telephone company is unable to
reach agreement with other telephone companies or
telecommunications carriers, the company or carrier may petition
the commission under section 237.12 to resolve issues regarding
prices, terms, and conditions for use of any transport
facilities that are subject to the jurisdiction of the
commission.
Subd. 3. [TERMINATION OF EXPANDED CALLING TRAFFIC.] (a) A
telephone company providing an expanded calling area under this
section may enter into an agreement to terminate calls with
telephone companies and telecommunications carriers providing
service within the expanded calling area. Compensation to the
telephone company or telecommunications carrier to terminate
expanded calling into such areas must be the intrastate access
charges of the telephone company or telecommunications carrier
terminating the call or other rates agreed upon by the companies.
(b) Two telephone companies that provide expanded calling
between their respective areas may also enter into "bill and
keep" arrangements for exchange of the expanded calling area
traffic.
(c) The telephone company shall file with the commission
any agreements for termination of calling by telephone companies
and telecommunications carriers providing service within the
expanded calling area. The prices, terms, and conditions
contained in the agreements required to be filed shall be
publicly disclosed in their entirety, and other terminating
carriers may elect to adopt those prices, terms, and conditions
in whole or in part for technically similar services provided in
the exchanges included in the agreement.
Subd. 4. [AMENDING OR TERMINATING EXPANDED CALLING
SERVICE.] Except for calling areas that result from a prior or
subsequent order of the commission, a telephone company may
amend or terminate the expanded calling area service upon 30
days' written notice to customers, the commission, and other
telephone companies and telecommunications carriers providing
local service in the expanded area. The notice to customers of
an amendment to the expanded calling area or termination of an
expanded calling area must be sent separately from other
mailings and clearly explain how the expanded calling area is
being changed. The notice to customers of an amendment must
also clearly identify that calls to areas outside of the
expanded calling area will be long distance calls billed at the
applicable rate of the customer's long distance carrier. The
notice to customers of a termination must clearly identify that
calls to the terminated expanded calling area will become long
distance calls billed at the applicable rate of the customer's
long distance carrier.
Sec. 2. [237.435] [ANNUAL UNIVERSAL SERVICE FUNDING
CERTIFICATION.]
In determining whether to provide the annual certification
of any eligible telecommunications carrier for continued receipt
of federal universal service funding, the commission shall apply
the same standards and criteria to all eligible
telecommunications carriers.
ARTICLE 5
WIRELESS CONSUMER PROTECTION
Section 1. [325F.695] [CONSUMER PROTECTIONS FOR WIRELESS
CUSTOMERS.]
Subdivision 1. [DEFINITIONS.] The definitions in this
subdivision apply to this section.
(a) "Contract" means an oral or written agreement of
definite duration between a provider and a customer, detailing
the wireless telecommunications services to be provided to the
customer and the terms and conditions for provision of those
services.
(b) "Wireless telecommunications services" means commercial
mobile radio services as defined in Code of Federal Regulations,
title 47, part 20.
(c) "Provider" means a provider of wireless
telecommunications services.
(d) "Substantive change" means a modification to, or
addition or deletion of, a term or condition in a contract that
could result in an increase in the charge to the customer under
that contract or that could result in an extension of the term
of that contract. "Substantive change" includes a modification
in the provider's administration of an existing contract term or
condition. A price increase that includes only the actual
amount of any increase in taxes or fees, which the government
requires the provider to impose upon the customer, is not a
substantive change for purposes of this section.
Subd. 2. [COPY OF CONTRACT.] A provider must provide each
customer with a written copy of the customer's contract between
the provider and the customer within 15 days of the date the
contract is entered into. The provider may meet the requirement
to provide a written copy of the contract by providing an
electronic copy of the contract at the customer's request. A
provider must maintain verification that the customer accepted
the terms of the contract for the duration of the contract
period.
Subd. 3. [PROVIDER-INITIATED SUBSTANTIVE CHANGE.] A
provider must notify the customer in writing of any proposed
substantive change in the contract between the provider and the
customer 60 days before the change is proposed to take effect.
The change only becomes effective if the customer opts in to the
change by affirmatively accepting the change prior to the
proposed effective date in writing or by oral authorization
which is recorded by the provider and maintained for the
duration of the contract period. If the customer does not
affirmatively opt in to accept the proposed substantive change,
then the original contract terms shall apply.
Subd. 4. [CUSTOMER-INITIATED CHANGE.] If the customer
proposes to the provider any change in the terms of an existing
contract, the provider must clearly disclose to the customer
orally or electronically any substantive change to the existing
contract terms that would result from the customer's proposed
change. The customer's proposed change is only effective if the
provider agrees to the proposed change and the customer agrees
to any resulting changes in the contract. The provider must
maintain recorded or electronic verification of the disclosure
for the duration of the contract period.
Subd. 5. [EXPIRATION.] This section expires August 1, 2007.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective on July 1, 2004, and applies to
contracts for wireless service entered into on or after May 1,
2004.
ARTICLE 6
REDUCED RATE REGULATION
Section 1. [237.411] [REDUCED RATE REGULATION FOR CERTAIN
BUSINESS CUSTOMERS.]
Subdivision 1. [BUSINESS CUSTOMER; DEFINED.] For the
purpose of this section, "business customer" means a customer
subscribing to four or more business lines.
Subd. 2. [COMPETITIVE AREA; DEFINED.] A "competitive area"
is an exchange located:
(1) in the metropolitan area extended area service
toll-free calling area; or
(2) in the cities of Duluth or St. Cloud.
Subd. 3. [REDUCED RATE REGULATION.] The rates, prices,
tariffs, or charges to a business customer in a competitive area
by a telephone company or a telecommunications carrier offering
local service are only subject to sections 237.07, subdivision
1; 237.66; and 237.663, and are not subject to any rules
imposing rate or price restrictions beyond those sections or to
other order or investigation of local rates under section
237.081.
Subd. 4. [PROTECTION FROM ANTICOMPETITIVE PRICING.] This
subdivision applies to prices governed by subdivision 3. A
telephone company must not price its local telephone services,
whether offered singly or as part of a bundle of services, below
the total service long-run incremental cost of providing the
service or services.
Subd. 5. [ENFORCEMENT.] (a) The powers and duties granted
to the commission by section 237.081 apply to violations or
suspected violations of this section. A person aggrieved by a
violation of this section may file a complaint as provided in
section 237.081, which shall be treated as any other complaint
filed under that section. The commissioner of commerce may
investigate violations or alleged violations of this section.
(b) Sections 237.461 and 237.462 apply to violations of
this section.
Sec. 2. Minnesota Statutes 2002, section 237.462,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY TO ISSUE PENALTY ORDERS.] After
a proceeding under section 237.081, the commission may issue an
order administratively assessing monetary penalties for knowing
and intentional violations of:
(1) sections 237.09, 237.121, and 237.16, and 237.411 and
any rules adopted under those sections;
(2) any standards, limitations, or conditions established
in a commission order pursuant to sections 237.09, 237.121, and
237.16, and 237.411;
(3) an approved interconnection agreement if the violation
is material; and
(4) any duty or obligation of a telephone company, a
telecommunications carrier, or a telecommunications provider
imposed upon such telephone company, telecommunications carrier,
or telecommunications provider by section 251, paragraph (a),
(b), or (c) of the Telecommunications Act of 1996 that relates
to service provided in the state. The penalty order must be
issued as provided in this section.
Sec. 3. Laws 1999, chapter 224, section 7, is amended to
read:
Sec. 7. [SUNSET.]
Sections 2 and 4 expire on August 1, 2005, and Minnesota
Statutes 1998, sections 237.63, 237.65, and 237.68, expire on
December 31, 2004.
Sec. 4. [PUBLIC UTILITIES COMMISSION RESPONSIBILITIES.]
(a) By January 15, 2005, the Public Utilities Commission
must develop, in consultation with the Office of the Attorney
General and the Department of Commerce, a means for resolution
of small consumer complaints with a monetary reimbursement
component.
(b) By January 15, 2005, the Public Utilities Commission
must develop and recommend to the legislature a plan for
increasing the number of plans offering flat-rate statewide
calling, making them available to all customers in Minnesota,
and addressing methods of reducing the cost of such plans.
Sec. 5. [EXPIRATION.]
This article expires August 1, 2010.
ARTICLE 7
CABLE SYSTEM CHANGES
Section 1. Minnesota Statutes 2002, section 238.02,
subdivision 3, is amended to read:
Subd. 3. [CABLE COMMUNICATIONS SYSTEM.] (a) "Cable
communications system" means a system which operates that (1)
provides the service of receiving and amplifying (i) programs
broadcast by one or more television or radio stations and (ii)
other programs originated by a person operating a cable
communications company system or by another party, and
distributing person, and (2) distributes those programs by wire,
cable, microwave, or other means, regardless of whether the
means are owned or leased, to persons who subscribe to the
service.
(b) This definition does not include:
(a) (1) a system which that serves fewer than 50
subscribers or a system which that 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.; provided
that:
(i) 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.; and
(ii) any system which serves serving more than 50 but fewer
than 1,000 subscribers that has been removed from the provisions
of this chapter shall be returned becomes subject 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) (2) a master antenna television system;
(c) (3) a specialized closed-circuit system which that does
not use the public rights-of-way for the construction of its
physical plant; and
(d) (4) a translator system which that receives and
rebroadcasts over-the-air signals.
Sec. 2. Minnesota Statutes 2002, section 238.03, is
amended to read:
238.03 [APPLICABILITY.]
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 comprised in whole or in part
through the of facilities of a person franchised to offer common
or contract carrier services subject to regulation under chapter
237. Persons possessing franchises for any of the purposes of
this chapter are subject to this chapter although no property
has been acquired, business transacted, or franchises exercised.
Sec. 3. Minnesota Statutes 2002, section 238.08,
subdivision 3, is amended to read:
Subd. 3. [MUNICIPAL OPERATION.] Nothing in this chapter
shall be construed to limit Unless otherwise prohibited by
applicable law, any municipality from the right to may
construct, purchase, and operate cable communications systems,
or, to operate facilities and channels for community television,
including, but not limited to, public, educational, and
governmental access and local origination programming. Any
municipal system, including the operation of community
television by a municipality, shall be is subject to this
chapter to the same extent as would any nonpublic cable
communications system.
Sec. 4. Minnesota Statutes 2002, section 238.08,
subdivision 4, is amended to read:
Subd. 4. [FEE, TAX, OR CHARGE.] Nothing in this chapter
shall be construed to limit the power of any municipality to
impose upon any person operating a cable communications company
system a fee, tax, or charge.
Sec. 5. Minnesota Statutes 2002, section 238.081, is
amended to read:
238.081 [FRANCHISE PROCEDURE.]
Subdivision 1. [PUBLICATION OF NOTICE.] 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 consider an application for a franchise, requesting
applications for the franchise other than a franchise renewal
pursuant to the United States Code, title 47, section 546.
Subd. 2. [REQUIRED INFORMATION IN NOTICE.] 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; and
(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.] (a) 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.
(b) 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 Upon submission of a proposal,
the municipality and applicant may negotiate franchise terms.
Subd. 5. [TIME LIMIT TO SUBMIT APPLICATION.] 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 adoption of a franchise
ordinance in the proceedings of the franchising authority.
Subd. 7. [AWARD OF FRANCHISE.] Franchises may be
awarded only by ordinance or other official action by the
franchising authority.
Subd. 8. [COSTS OF AWARDING FRANCHISE.] Nothing in this
section prohibits a franchising authority from recovering from a
successful an applicant the entire reasonable and necessary
costs of the entire process of awarding the processing a 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 any duties, responsibilities,
privileges, or activities described in this section, if such the
delegation is proper according to state and local law.
Sec. 6. Minnesota Statutes 2002, section 238.083,
subdivision 2, is amended to read:
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.
Sec. 7. Minnesota Statutes 2002, section 238.083,
subdivision 4, is amended to read:
Subd. 4. [APPROVAL OR DENIAL OF 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.
Sec. 8. Minnesota Statutes 2002, section 238.084,
subdivision 1, is amended to read:
Subdivision 1. [ALL SYSTEMS.] The following requirements
apply to all classes A, B, and C cable communications systems
unless provided otherwise:
(a) a provision that the franchise complies shall comply
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 must be
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 238.083, except at the
approval of the franchising authority, which approval must not
be unreasonably withheld, and conditioned that the sale or
transfer is completed pursuant to section 238.083;
(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 that 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 identifying
the system capacity and technical design 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 construction of the cable communications
system must commence no later than 240 days after the granting
of the franchise; 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: construction of the cable communications system must
proceed at a reasonable rate of not less than 50 plant miles
constructed per year of the franchise term;
(i) (3) 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 construction throughout the
authorized franchise area must be substantially completed within
five years of the granting of the franchise; and
(iv) (4) that the requirement of this section be waived by
the franchising authority only upon occurrence of unforeseen
events or acts of God;
(o) (n) 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) (o) 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) (p) 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 that affect the cable equipment;
(r) (q) 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) (r) a provision establishing how the franchising
authority and the person operating a cable communications
company system 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) (s) 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 person 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) (t) 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) (u) 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 shall
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 A provision must also state
who will bear the costs included in making these repairs,
adjustments, or installations;
(x) (v) 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) (w) a provision that no person operating a cable
communications company system, notwithstanding any provision in
a franchise, may abandon a cable communications service system
or a portion of it without having given three months prior
written notice to the franchising authority. No person
operating a cable communications company system may abandon a
cable communications service system or a portion of it without
compensating the franchising authority for damages resulting to
it from the abandonment;
(z) (x) a provision requiring that upon termination or
forfeiture of a franchise, unless otherwise required by
applicable law, the franchisee shall 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) (y) a provision that when a franchise or cable system
is offered for sale to be transferred or sold, the franchising
authority shall have has the right to purchase the system;
(bb) (z) 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
provision may require the franchisee to provide separate public
access channels available for use by the general public on a
first-come, first-served, nondiscriminatory basis; local
educational access channels; local governmental access channels;
and channels available for lease on a first-come, first-served,
nondiscriminatory basis by commercial and noncommercial users.
The provision may require that whenever the specially designated
access channel required by this paragraph is in use during 80
percent of the weekdays, Monday through 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, the provision of the additional channel
or channels does not require the cable system to install
converters. The VHF spectrum must be used for one of the
public, educational, or governmental specially designated access
channel channels 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., unless such channel is administered by a
municipality;
(aa) a provision specifying the minimum equipment that the
franchisee shall make available for public use. The provision
may require the franchisee to make readily available for public
use at least the minimal equipment necessary for the production
of programming and playback of prerecorded programs for the
access channels. The provision may require that, upon request,
the franchisee, at minimum, shall also make readily available
the minimum equipment necessary to make it possible to record
programs at remote locations with battery-operated portable
equipment; and
(bb) for a franchise in the metropolitan area, as defined
in section 473.121, a provision designating the standard VHF
channel 6 for uniform regional channel usage as required in
section 238.43.
Sec. 9. Minnesota Statutes 2002, section 238.11,
subdivision 2, is amended to read:
Subd. 2. [ACCESS CHANNEL.] No cable communications
company system 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 person operating a cable communications
company system nor the officers, directors, or employees of the
cable communications system is liable for any penalties or
damages arising from programming content not originating from or
produced by the cable communications company system and shown on
any public access channel, education access channel, government
access channel, leased access channel, or regional channel.
Sec. 10. [238.115] [CABLE PROVIDER COMPLAINTS.]
A cable communications company holding a franchise to
provide cable communications services in any area of this state
must immediately provide a consumer complaint telephone number
to any person who calls the company or its agent and asks for a
consumer complaint number. The number provided must be the
telephone number of a person or agency that is unaffiliated with
the cable communications company and that is organized to
provide assistance to complaining consumers.
Sec. 11. Minnesota Statutes 2002, section 238.22,
subdivision 13, is amended to read:
Subd. 13. [PROPERTY OWNER.] "Property owner" means any
person with a recorded interest in a multiple dwelling complex,
or person known to the person operating a cable communications
company system to be an owner, or the authorized agent of the
person.
Sec. 12. Minnesota Statutes 2002, section 238.23, is
amended to read:
238.23 [ACCESS REQUIRED.]
Subdivision 1. [PROVISION OF ACCESS.] A property owner or
other person controlling access shall provide a cable
communications company system access to the property owner's
multiple dwelling complex. The access provided must be
perpetual and freely transferable by one person operating a
cable communications company system to another. A cable
communications company system granted access, and its successors
in interest, must fully comply with sections 238.22 to 238.27.
Subd. 2. [RESIDENT'S RIGHTS.] The intent of sections
238.22 to 238.27 is to give residents the freedom to choose
among competing cable communications services and nothing in
sections 238.22 to 238.27 shall be interpreted to require
requires residents to hook up or subscribe to any services
offered by any cable communications company system or
alternative provider of cable communications services.
Sec. 13. Minnesota Statutes 2002, section 238.24,
subdivision 3, is amended to read:
Subd. 3. [INSTALLATION; BOND.] The facilities must be
installed in an expeditious and workmanlike manner, must comply
with applicable codes, and must be installed parallel to utility
lines when economically feasible. A property owner may require
a person operating a cable communications company system to post
a bond or equivalent security in an amount not exceeding the
estimated cost of installation of the cable communications
facilities on the premises. Any bond filed by a cable
communications company system with a municipality which that
would provide coverage to the property owner as provided under
this subdivision shall be considered to fulfill fulfills the
requirements of this subdivision.
Sec. 14. Minnesota Statutes 2002, section 238.24,
subdivision 4, is amended to read:
Subd. 4. [INDEMNIFY FOR DAMAGE.] A person operating a
cable communications company system shall indemnify a property
owner for damage caused by the company in the installation,
operation, maintenance, or removal of its facilities.
Sec. 15. Minnesota Statutes 2002, section 238.24,
subdivision 6, is amended to read:
Subd. 6. [MASTER ANTENNA TELEVISION SYSTEM.] Nothing in
sections 238.22 to 238.27 precludes a property owner from
entering into an agreement for use of a master antenna
television system by a person operating a cable communications
company system or other television communications service.
Sec. 16. Minnesota Statutes 2002, section 238.24,
subdivision 9, is amended to read:
Subd. 9. [NOT RETROACTIVE.] Nothing in sections 238.22 to
238.27 affects the validity of an agreement effective before
June 15, 1983 between a property owner, a person operating a
cable communications company system, or any other person
providing cable communications services on or within the
premises of the property owner.
Sec. 17. Minnesota Statutes 2002, section 238.24,
subdivision 10, is amended to read:
Subd. 10. [CHANNEL CAPACITY.] (a) A property owner must
provide access by to a franchised person operating a cable
communications company system, 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 system 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 must be reimbursed by the other providers for
the cost of equipment and installation on the property on a pro
rata basis which that 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 must 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.
Sec. 18. Minnesota Statutes 2002, section 238.242,
subdivision 1, is amended to read:
Subdivision 1. [PROVIDING ALTERNATIVE SERVICE.] Other
providers of television programming or cable communications
services shall notify the person operating a cable
communications company system 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
238.241. After reaching agreement with the alternative service
provider for reimbursement to be paid for use of the equipment,
the cable communications company system shall make available the
equipment necessary to provide the alternative service without
unreasonable delay.
Sec. 19. Minnesota Statutes 2002, section 238.242,
subdivision 3, is amended to read:
Subd. 3. [FINANCIAL RECORDS MADE AVAILABLE.] The person
operating a cable communications company system, upon written
request, shall make available to the alternative provider
financial records supporting the reimbursement cost requested.
Sec. 20. Minnesota Statutes 2002, section 238.25,
subdivision 5, is amended to read:
Subd. 5. [SERVICE OF PETITION.] The petition must be
served upon all persons named in the petition as property owners
in the same manner as a summons in a civil action; except that,
service may be made upon a property owner by three weeks'
published notice if the person operating a cable communications
company system, its or the person's agent or attorney, files an
affidavit stating on belief that the property owner is not a
resident of the state and that the company has mailed a copy of
the notice to the property owner at the property owner's place
of residence, or that after diligent inquiry the property
owner's place of residence cannot be ascertained by the
company. If the state is a property owner, the notice must be
served upon the attorney general. Any property owner not served
as provided under this paragraph is not bound by the proceeding
unless the property owner voluntarily appears therein in the
proceeding.
Sec. 21. Minnesota Statutes 2002, section 238.25,
subdivision 10, is amended to read:
Subd. 10. [FINAL CERTIFICATE.] Upon completion of the
proceedings, the attorney for the person operating the cable
communications company system shall make a certificate
describing the access acquired and the purpose or purposes for
which acquired, and reciting the fact of final payment of all
awards or judgments in relation thereto. The certificate must
be filed with the court administrator and a certified copy
thereof filed for record with the county recorder. The record
is notice to all parties of the access to the premises described
in the petition.
Sec. 22. Minnesota Statutes 2002, section 238.35,
subdivision 1, is amended to read:
Subdivision 1. [LEGISLATIVE FINDINGS.] There is a
long-standing legislative policy in the state of Minnesota to
provide for the dedication or other provision of easements and
public rights-of-way required by public utilities and cable
communications companies systems. Except for applicable
governmental rules, these easements do not include any
limitation on the type, number, or size of cables or related
cable communication system components. There is a public
understanding and acceptance of the need of public utilities and
cable communications companies systems to have the ability to
use existing utility easements and public rights-of-way in order
to provide new and improved cable communications services made
possible by technological developments and to make changes to
the cables or related cable communication systems components.
Changing technology has caused and will continue to cause over
time the development of new cable communications services
requiring changing uses of existing utility easements and public
rights-of-way. Cable communications companies systems have a
need to use existing utility easements and public rights-of-way
in order to deliver their services to the public. The addition
of cable communications system components does not constitute an
unanticipated or added burden on the real estate subject to the
easements or public rights-of-way.
Sec. 23. Minnesota Statutes 2002, section 238.35,
subdivision 4, is amended to read:
Subd. 4. [RESTRICTIONS ON USE.] (a) As a condition of
using any utility easement, a cable communications company shall
be system is subject to any burdens, duties, or obligations
specified in the easement of the grantee of the easement.
(b) Subject to any applicable rights and obligations of
sections 237.162 and 237.163 and any local right-of-way
ordinance adopted under those statutes, a person operating a
cable communications company system shall restore the real
estate, and any landscaping or improvements thereon, to the
condition they were in prior to entry within 30 days of
completing the installation of the cables and related cable
communications system components upon that real estate and to
make changes to the cables or related cable communication
systems components. Changing technology has caused and will
continue to cause over time the development of new cable
communications services requiring changing uses of existing
utility easements. Restoration which cannot be completed during
the winter months must be accomplished as promptly as weather
conditions permit.
Sec. 24. Minnesota Statutes 2002, section 238.36,
subdivision 2, is amended to read:
Subd. 2. [CABLE COMMUNICATIONS COMPANY'S SYSTEM'S
EQUIPMENT.] "Cable communications company's system'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.
Sec. 25. Minnesota Statutes 2002, section 238.39, is
amended to read:
238.39 [LEGAL AUTHORITY.]
Every pole, duct, and conduit agreement must contain a
provision that the cable communications company system shall
submit to the public utility company evidence of the cable
communications company's system'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 that 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 that 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. 26. Minnesota Statutes 2002, section 238.40, is
amended to read:
238.40 [LIABILITY; INDEMNIFY PUBLIC UTILITY.]
(a) Every pole, duct, and conduit agreement must contain a
provision that the cable communications company system 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:
(1) by the erection, maintenance, presence, use, or removal
of the cable communications company's system's cable, equipment,
and facilities or by the proximity of the cables, equipment, and
facilities of the parties to the agreement,; or
(2) by any act of the cable communications company system
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.
(b) The cable communications company system shall also
indemnify, protect, and save harmless the public utility:
(1) from any and all claims and demands which that arise
directly or indirectly from the operation of the cable
communications company's system's facilities including taxes,
special charges by others, claims, and demands (i) for damages
or loss for infringement of copyright, (ii) for libel and
slander, (iii) for unauthorized use of television broadcast
programs, and (iv) for unauthorized use of other program
material,; and
(2) 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.
(c) 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. 27. Minnesota Statutes 2002, section 238.43,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION REGIONAL CHANNEL ENTITY.] For
the purposes of this section "Regional channel entity" or
"entity" means an independent, nonprofit corporation to govern
the operation of the regional channel.
Sec. 28. [REVISOR INSTRUCTIONS.]
(a) The revisor of statutes shall delete the words "shall
mean" and insert "means" where found in Minnesota Statutes,
section 238.02.
(b) The revisor of statutes shall change the term "cable
communications company" to "cable communications system" where
found in Minnesota Statutes, chapter 238.
(c) In Minnesota Statutes, section 238.18, subdivision 1,
the revisor of statutes shall delete paragraph (a) and renumber
paragraph (b) as section 238.02, subdivision 1b, and renumber
paragraph (c) as section 238.02, subdivision 34.
(d) In Minnesota Statutes, section 238.22, the revisor of
statutes shall renumber subdivision 6 as section 238.02,
subdivision 1a; subdivision 7 as section 238.02, subdivision 1c;
subdivision 8 as section 238.02, subdivision 1d; subdivision 10
as section 238.02, subdivision 21a; subdivision 11 as section
238.02, subdivision 28a; subdivision 12 as section 238.02,
subdivision 29a; subdivision 13 as section 238.02, subdivision
31a; and subdivision 14 as section 238.02, subdivision 31d.
(e) In Minnesota Statutes, section 238.36, the revisor of
statutes shall renumber subdivision 2 as section 238.02,
subdivision 3a; subdivision 3 as section 238.02, subdivision
20a; and subdivision 4 as section 238.02, subdivision 31b.
(f) The revisor of statutes shall renumber Minnesota
Statutes, section 238.43, subdivision 1, as section 238.02,
subdivision 31c.
Sec. 29. [REPEALER.]
Minnesota Statutes 2002, sections 238.01; 238.02,
subdivisions 2, 17, 18, 19, and 25; 238.082; 238.083,
subdivisions 3 and 5; 238.084, subdivisions 2, 3, and 5; 238.12,
subdivision 1a; and 238.36, subdivision 1, are repealed.
Presented to the governor May 18, 2004
Signed by the governor May 29, 2004, 2:00 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes