Deadline to Register: November 28
Railroads and broadband providers have been engaged in a
struggle over the terms, conditions and price for the installation of broadband
facilities across and along railroad right of way. This struggle has played out
in business negotiations, lawsuits, at the legislature and before state
agencies. In an effort to clarify the rights and responsibilities of the
parties, the Minnesota Legislature passed Minn. Stat. 237.045 which sets a fee
of $1250 and imposes a variety of requirements on the applicant as well as time
limits on the process.
Litigation quickly ensued regarding the statute. On
September 24, 2018, the Minnesota Court of Appeals issued a decision
interpreting Minn. Stat. 237.045 and addressing BNSF’s claims that (1) the
statute did not apply to facilities installed parallel to the railroad right of
way; (2) the statute was preempted by federal law and (3) that the statute
imposed an unconstitutional taking of property without just compensation.
This presentation will provide context for the Court’s
decision, review its reasoning and attempt to interpret the impact it will have
in the future.
Presenters:
Jason Topp | Assistant General Counsel at
CenturyLink
Shannon Heim | Shareholder at Moss & BarnettCLE Credits:
1.0 Standard CLE Credits approved | Event Code: 265880
Cost:
Section Member: $10
MSBA Member
not in the Section: $15
Non-MSBA Member: $20
Law
Students: Free
Join the Communications Law Section and Attend for FREE: $27
(must call to register)
Remote Participation:
Remote participation via webcast is available. Please
indicate this option when registering. Instructions will be emailed to you the
week day prior to the CLE.
Want more information about the Communications
Law Section
?
To register with a check, please mail in this registration form.
Need to cancel? Please see our cancellation policy.
Questions? Contact Kayla Erbach
| 612-278-6325
The MSBA is committed to creating an inclusive environment in which all
members can participate fully. If you need reasonable accommodations to
participate in this event, please notify Kayla Erbach. Please provide at
least 72 hours prior to the event to allow sufficient time to make
arrangements.