Minnesota Statutes 238.23 – Access Required
Subdivision 1.Provision of access.
A property owner or other person controlling access shall provide a cable communications system access to the property owner’s multiple dwelling complex. The access provided must be perpetual and freely transferable by one person operating a cable communications system to another. A cable communications system granted access, and its successors in interest, must fully comply with sections 238.02, subdivisions 1a, 1c, 1d, 21a, 28a, 29a, 31a, and 31d, and 238.22 to 238.27.
Subd. 2.Resident’s rights.
Terms Used In Minnesota Statutes 238.23
- Access: means entrance onto the premises of the property owner and an easement for purposes of surveying, designing, installing, inspecting, maintaining, operating, repairing, replacing, or removing equipment used in the construction and operation of a cable communications system. See Minnesota Statutes 238.02
- Cable communications system: means a system that (1) provides the service of receiving and amplifying (i) programs broadcast by one or more television or radio stations and (ii) other programs originated by a person operating a cable communications system or by another person, and (2) distributes those programs by wire, cable, microwave, or other means, regardless of whether the means are owned or leased, to persons who subscribe to the service. See Minnesota Statutes 238.02
- Multiple dwelling complex: means a site, lot, field, or tract of land or water, other than a common interest community or mobile home park, whether occupied or under construction, containing more than four dwelling units. See Minnesota Statutes 238.02
- Person: means any individual, trustee, partnership, municipality, association, corporation or other legal entity. See Minnesota Statutes 238.02
- Property owner: means any person with a recorded interest in a multiple dwelling complex, or person known to the person operating a cable communications system to be an owner, or the authorized agent of the person. See Minnesota Statutes 238.02
Terms Used In Minnesota Statutes 238.23
- Access: means entrance onto the premises of the property owner and an easement for purposes of surveying, designing, installing, inspecting, maintaining, operating, repairing, replacing, or removing equipment used in the construction and operation of a cable communications system. See Minnesota Statutes 238.02
- Cable communications system: means a system that (1) provides the service of receiving and amplifying (i) programs broadcast by one or more television or radio stations and (ii) other programs originated by a person operating a cable communications system or by another person, and (2) distributes those programs by wire, cable, microwave, or other means, regardless of whether the means are owned or leased, to persons who subscribe to the service. See Minnesota Statutes 238.02
- Multiple dwelling complex: means a site, lot, field, or tract of land or water, other than a common interest community or mobile home park, whether occupied or under construction, containing more than four dwelling units. See Minnesota Statutes 238.02
- Person: means any individual, trustee, partnership, municipality, association, corporation or other legal entity. See Minnesota Statutes 238.02
- Property owner: means any person with a recorded interest in a multiple dwelling complex, or person known to the person operating a cable communications system to be an owner, or the authorized agent of the person. See Minnesota Statutes 238.02
The intent of sections 238.02, subdivisions 1a, 1c, 1d, 21a, 28a, 29a, 31a, and 31d, and 238.22 to 238.27 is to give residents the freedom to choose among competing cable communications services and nothing in sections 238.02, subdivisions 1a, 1c, 1d, 21a, 28a, 29a, 31a, and 31d, and 238.22 to 238.27 requires residents to hook up or subscribe to any services offered by any cable communications system or alternative provider of cable communications services.