2006 Minnesota Statutes

238.08 FRANCHISE REQUIREMENT.
    Subdivision 1. Requirement; conditions. (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 system holding a franchise for the area. Nothing
in this paragraph prevents a municipality from imposing additional terms and conditions on
any additional franchises.
    Subd. 2. Other requirements. Nothing in this chapter shall be construed to prevent
franchise requirements in excess of those prescribed unless such requirement is inconsistent
with this chapter.
    Subd. 3. Municipal operation. Unless otherwise prohibited by applicable law, any
municipality may construct, purchase, and operate cable communications systems or 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, is subject to this chapter to the same
extent as any nonpublic cable communications system.
    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 system a fee,
tax, or charge.
    Subd. 5. Joint commission. Municipalities may by ordinance or resolution create a joint
cable communications commission under section 471.59, to which each member municipality
may delegate authority vested in the municipality by statute or charter to prepare, adopt, grant,
administer, and enforce a cable communications franchise, and establish rates thereunder. The
adoption, granting, administration and enforcement of a cable communications franchise, and
the establishment of rates thereunder by a joint cable communications commission, pursuant
to this subdivision is deemed to comply with procedural requirements of a statute or charter
for the adoption, granting, administration and enforcement of a franchise, and establishment
of rates. A member of the commission may, by ordinance adopted in the manner provided by
section 412.191, subdivision 4, adopt by reference the joint cable communication franchise in the
manner provided by section 471.62. The members and governing body of the joint commission
shall consist of two representatives appointed by each municipality, at least one of whom shall
be a member of the council of that municipality or its designee and the other a qualified voter
residing within that municipality.
History: 1973 c 568 s 8; 1975 c 271 s 6; 1976 c 249 s 10-12; 1978 c 771 s 4; 1980 c 509 s
91; 1980 c 614 s 124; 1981 c 317 s 1; 1984 c 377 s 1; 1985 c 285 s 17-19; 1988 c 568 s 2;
2000 c 455 art 2 s 1; 2004 c 261 art 7 s 3,4,28