Every pole, duct, and conduit agreement must contain a provision that before attaching to the public utility company's poles or occupying any part of the public utility's conduit system, the cable communications system shall apply and receive a permit for that purpose on a form provided by the public utility company. If the cable communications system accepts the permit, it may attach its equipment to the poles covered by the permit or occupy the conduit system of the public utility to the extent authorized by the permit, subject to sections 238.02, subdivisions 3a, 20a, and 31b, and 238.37 to 238.42 and the terms of the agreement between the contracting parties. In granting or denying a permit, the public utility has the right to determine whether a grant of a permit would adversely affect its public services, duties, and obligations or have an adverse effect on the economy, safety, and future needs of the public utility.
1985 c 285 s 38; 2004 c 261 art 7 s 28; 2005 c 10 art 1 s 37
Structure Minnesota Statutes
Chapters 237 - 238 — Telecommunications
Chapter 238 — Cable Communications
Section 238.03 — Applicability.
Section 238.08 — Franchise Requirement.
Section 238.081 — Franchise Procedure.
Section 238.083 — Sale Or Transfer Of Franchise.
Section 238.084 — Required Contents Of Franchise Ordinance.
Section 238.086 — Franchise Holder Exemption.
Section 238.11 — Censorship Prohibited.
Section 238.115 — Cable Provider Complaints.
Section 238.15 — Financial Interest Of Member.
Section 238.16 — Gross Misdemeanor.
Section 238.17 — Service To Extension Area.
Section 238.18 — Unfair Preference.
Section 238.23 — Access Required.
Section 238.24 — Conditions For Access.
Section 238.241 — Conditions For Access By Alternative Provider.
Section 238.242 — Reimbursement.
Section 238.26 — Subsequent Taking.
Section 238.27 — Interference With Facilities.
Section 238.35 — Use Of Existing Easement; Restrictions.
Section 238.37 — Scope; Pole, Duct, And Conduit Agreements.
Section 238.38 — Permit To Attach To Pole Or Conduit System.
Section 238.39 — Legal Authority.
Section 238.40 — Liability; Indemnify Public Utility.