1999 Minnesota Statutes

     238.24 Conditions for access. 

    Subdivision 1.    In general.  An installation of cable 
 communications facilities under sections 238.22 to 238.27 must 
 conform to reasonable conditions necessary to protect the 
 safety, functioning, and aesthetic appearance of the premises, 
 and the convenience and well-being of the property owner and 
 residents.  

    Subd. 2.    Owner approval.  A property owner may 
 require from a cable communications company before installation 
 or modification of cable communications facilities, diagrams 
 showing plans for the placement and securing of the facilities. 
 A property owner may approve or disapprove installation plans. 
 Approval of plans may not be unreasonably withheld.  

    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 cable communications company 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 with 
 a municipality which would provide coverage to the property 
 owner as provided under this subdivision shall be considered to 
 fulfill the requirements of this subdivision.  

    Subd. 4.    Indemnify for damage.  A cable 
 communications company shall indemnify a property owner for 
 damage caused by the company in the installation, operation, 
 maintenance, or removal of its facilities.  

    Subd. 5.    Relocation.  A property owner may require a 
 cable communications company, after reasonable written notice, 
 to promptly relocate cable communications facilities on or 
 within the premises of the property owner for the purpose of 
 rehabilitation, redecoration, or necessary maintenance of the 
 premises by the property owner.  

    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 cable communications company or other 
 television communications service.  

    Subd. 7.    Cost allocated.  A cable communications 
 company shall bear the entire cost of the installation, 
 operation, maintenance, and removal of a cable communications 
 facility within the initial franchise service area.  

    Subd. 8.    Compensation for access.  (a) A cable 
 communications company shall:  

    (1) compensate the property owner for the diminution in 
 fair market value of the premises resulting directly from the 
 installation of the nonexclusive cable communications system; 
 and 

    (2) reimburse the property owner in an amount not to exceed 
 $100 for premises containing less than ten dwelling units, and 
 $200 for other premises, for actual costs incurred by the 
 property owner with respect to the professional review of the 
 plans and drawings regarding installation or modification of the 
 cable communications system, associated contractual materials, 
 and other documentation.  

    (b) With respect to paragraph (a), clause (1), any party 
 appearing in a proceeding as provided under section 238.25 may 
 introduce evidence of damages, if any, and special benefits, if 
 any, to the property occurring by reason of the installation of 
 the cable communications system.  

    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 cable communications 
 company, or any other person providing cable communications 
 services on or within the premises of the property owner.  

    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.  

    HIST: 1983 c 329 s 5; 1985 c 285 s 33