1999 Minnesota Statutes

     238.18 Unfair preference. 

    Subdivision 1.    Definitions.  (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 prohibited.  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. 

    HIST: 1988 c 568 s 3