Minnesota Statutes 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.
Terms Used In Minnesota Statutes 238.18
- Affiliated company: means a person, company, corporation, or other entity in which the utility has an affiliated interest as defined under section 216B. See Minnesota Statutes 238.02
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- entity: means an independent, nonprofit corporation to govern the operation of the regional channel. See Minnesota Statutes 238.02
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any individual, trustee, partnership, municipality, association, corporation or other legal entity. See Minnesota Statutes 238.02
- Utility: means a person, corporation, or other entity that operates, maintains, or controls equipment or facilities in this state for furnishing at retail electric service to the public. See Minnesota Statutes 238.02
Terms Used In Minnesota Statutes 238.18
- Affiliated company: means a person, company, corporation, or other entity in which the utility has an affiliated interest as defined under section 216B. See Minnesota Statutes 238.02
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- entity: means an independent, nonprofit corporation to govern the operation of the regional channel. See Minnesota Statutes 238.02
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any individual, trustee, partnership, municipality, association, corporation or other legal entity. See Minnesota Statutes 238.02
- Utility: means a person, corporation, or other entity that operates, maintains, or controls equipment or facilities in this state for furnishing at retail electric service to the public. See Minnesota Statutes 238.02
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.