2002 Minnesota Statutes

     238.02 Definitions. 

    Subdivision 1.    Scope.  The words and phrases used in 
 this chapter have the following meanings unless a different 
 meaning clearly appears in the text. 

    Subd. 2.    Cable communications company.  "Cable 
 communications company" shall mean any person owning, 
 controlling, operating, managing or leasing a cable 
 communications system within the state. 

    Subd. 3.    Cable communications system.  "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.  

    Subd. 4. Repealed, 1985 c 285 s 54 

    Subd. 5.  Renumbered subd 24 

    Subd. 6.  Renumbered subd 25 

    Subd. 7.  Renumbered subd 27 

    Subd. 8.  Renumbered subd 29 

    Subd. 9.  Renumbered subd 32 

    Subd. 10.  Renumbered subd 33 

    Subd. 11.  Renumbered subd 30 

    Subd. 12.  Renumbered subd 31 

    Subd. 13.  Renumbered subd 26 

    Subd. 14.  Renumbered subd 21 

    Subd. 15.  Renumbered subd 22 

    Subd. 16.  Renumbered subd 23 

    Subd. 17.    Class A cable systems.  "Class A cable 
 systems" means systems that are located outside of the 
 metropolitan area, are located in a franchise area having a 
 population of 4,000 or fewer persons, and are serving fewer than 
 1,000 subscribers. 

    Subd. 18.    Class B cable systems.  "Class B cable 
 systems" means all systems, except those systems meeting the 
 criteria of the class A system, that are located outside of the 
 metropolitan area, are located in a franchise area having a 
 population of fewer than 15,000 persons, and are serving fewer 
 than 3,500 subscribers.  

    Subd. 19.    Class C cable systems.  "Class C cable 
 systems" means systems that are located in the metropolitan 
 area, or are located in a franchise area having a population of 
 15,000 or more persons or serving 3,500 or more subscribers.  

    Subd. 20.  Renumbered subd 28 

    Subd. 21.    Core service unit.  "Core service unit" 
 shall mean the municipality, or, in the case of a joint powers 
 agreement, municipalities, in which a cable communications 
 system first provides service under a lawful franchise and from 
 which the cable communications system extends service into 
 additional areas which are included in the boundaries of a cable 
 service territory. 

    Subd. 22.    Extension area.  "Extension area" shall 
 mean a municipality or municipalities located outside the 
 franchise boundaries of the core service unit. 

    Subd. 23.    Extension permit.  "Extension permit" shall 
 mean any authorization granted by an extension area in the form 
 of a franchise, privilege, permit, license or other municipal 
 authorization to construct, operate, maintain, or manage a cable 
 communications system within the boundaries of the extension 
 area. 

    Subd. 24.    Franchise.  "Franchise" shall mean any 
 authorization granted by a municipality in the form of a 
 franchise, privilege, permit, license or other municipal 
 authorization to construct, operate, maintain, or manage a cable 
 communications system in any municipality. 

    Subd. 25.    Gross annual receipts.  "Gross annual 
 receipts" shall mean all compensation received directly or 
 indirectly by a cable communications company from its operations 
 within the state, limited to sums received from subscribers in 
 payment for programs received. 

    Gross annual receipts shall not include any taxes on 
 services furnished by a cable communications company imposed 
 directly on any subscriber or user by any municipality, state, 
 or other governmental unit and collected by the company for such 
 governmental unit. 

    Subd. 26.    Head end.  "Head end" means the electronic 
 control center of a cable communications system, which includes 
 antennas, preamplifiers, frequency converters, demodulators, 
 modulators and other related equipment which receives, 
 amplifies, filters and converts incoming signals to cable system 
 channels. 

    Subd. 27.   Master antenna television system.  "Master 
 antenna television system" shall mean any system which serves 
 only the residents of one or more apartment dwellings under 
 common ownership, control or management and any commercial 
 establishment located on the premises of such apartment house 
 and which transmits only signals broadcast over the air by 
 stations which may be normally viewed or heard locally without 
 objectionable interference, and which does not provide any 
 additional service over its facilities other than closed-circuit 
 security viewing services. 

    Subd. 28.    Metropolitan area.  "Metropolitan area" is 
 that area defined under section 473.121, subdivision 2.  

    Subd. 29.    Municipality.  "Municipality" shall mean 
 any organized town, city, or county with respect to the 
 unorganized territory within its boundaries. 

    Subd. 30.    Person.  "Person" shall mean any 
 individual, trustee, partnership, municipality, association, 
 corporation or other legal entity. 

    Subd. 31.    Program.  "Program" shall mean any 
 broadcast-type program, signal, message, graphics, data, or 
 communication content service. 

    Subd. 32.    State.  "State" shall mean the state of 
 Minnesota. 

    Subd. 33.    State agency.  "State agency" shall mean 
 any office, department, board, commission, bureau, division, 
 public corporation, agency or instrumentality of the state. 

    HIST: 1973 c 568 s 2; 1974 c 506 s 1,2; 1975 c 271 s 6; 1976 c 
 249 s 1; 1978 c 771 s 1-3; 1980 c 509 s 86,87; 1982 c 514 s 11; 
 1982 c 515 s 1; 1983 c 329 s 2; 1985 c 285 s 11-15; 1988 c 568 s 
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