2007 Minnesota Code
Chapters 237 - 238 Telecommunications
Chapter 238 Cable Communications
Section 238.18 UNFAIR PREFERENCE.

238.18 UNFAIR PREFERENCE.
Subdivision 1.MS 2002 [Paragraph (a) renumbered subdivision 1]
[Paragraph (b) renumbered 238.02, subd 1b]
[Paragraph (c) renumbered 238.02, subd 34]
Subdivision 1. Definitions. For the purpose of this section the terms defined in section
238.02, subdivisions 1b and 34, have the meanings given them.
Subd. 2. Unfair preference prohibited. No utility may make or give a preference or
advantage to:
(1) a person as an accommodation or inducement to contract with or take cable television
service from an affiliated company if the affiliated company provides cable television service
within a part of the service area of the utility; or
(2) an affiliated company that provides cable television service to persons within a part of the
service area of the utility over an entity that is not an affiliated company that also provides cable
television service to persons within the service area of the utility.
Subd. 3. Remedies. On a finding by a court of competent jurisdiction that either a utility
or an affiliated company of the utility providing cable television service within a part of the
service area of the utility has violated a provision of this section, the court may grant injunctive
relief and may award actual damages to an entity that is not an affiliated company of a utility
providing cable television service to persons within a part of the service area of the utility. In
an action under this section, the court may award the costs of the action, including reasonable
attorney fees, to the prevailing party.
History: 1988 c 568 s 3; 2004 c 261 art 7 s 28