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7.1 SR 08-01-2022Request for Action To Item Number Ma Tor and CinT Council 7.1 Agenda Section Meeting Date Prepared by Public Hearings August 1, 2022 Tina Allard, CityT Clerk Item Description Reviewed by Consider Issuance of Competitive Cable Cal Pormer, Cit�r Administrator Franchise byT Tekstar Communications, Inc. Reviewed by (Arvig) Action Requested The public hearing is a statutoryT requirement, and the mayTor is asked to open and close the hearing. No action is needed at this time. The attorneyT �vill continue to process the application and provide a report with recommendations later. Background CityT AttorneyT Jared Shepherd will attend via Zoom to present this item. Cable television is regulated by federal and state la`v. Companies `vanting to provide cable television service are required byT the Federal Cable Act to obtain a cable franchise from the cityT. Level Playing Field Statute Per state law, when there is an e�sting cable company, a competitive fYanchise must not be more favorable oY less burdensome than those in the existing franchise pertaining to: 1. The aYea served 2. Public, educational, or governmental access requirements 3. Franchise fees Charter is our e�sting franchise, and their agreement requires them to provide cable every�vhere in the cityT `vhere there are nine homes per 1/4 mile of cable. And Charter must expand any�vhere else in the cityT if customers will payT a poYtion of the extension cost. It is understandable and would be unreasonable for a new compan�T to immediately be able to fullyT build out their s�Tstem to be equal to an e�sting cable companyT but benchmarks requiring Tekstar to increase its build-out after a reasonable time should be incorporated into the franchise agreement. Currentl�T the cable commission attorney is working on making sure the franchise agreement will meet la`v requirements. Financial Impact We collect, from Spectrum/Charter a Franchise Fee, which is 5% of video-related gross revenues and are used to payT attorne�T fees, equipment and channel needs, and certain communications related items. The PEG Fee is $0.85 per subscriber/per month and is required to be utilized to`vard channel programming. The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. rowEREo ar �I'1 �� Up�iited.• August 2020 Mission/Policy/Goal Elk River Mission Attachments ■ Basic Cable Information ■ Tekstar Application N:\Public Bodies\�lgenda Packets\08-01-2022\Cal Reviewed\x7.1 sL Cable.docx Basic Cable Information Cable television is regulated through federal and state la`v, along �uith a local franchise agreement thYough the Cityr of Elk RiveY. Federal law also Yequires franchise agreements be non-exclusive which means no city mayT grant an exclusive franchise to anyT one companyT. A franchise agreement allows a cable companyT to operate cable television in the cityT and run-on fiber line in cityT owned right-of-way. The cityr collects fees as compensation for the cable company's use of opeYating their syTstems in our right-of-`vayT. For manyT yTears most cities have not seen more than one provider mainlyT due to the expense to construct infrastructure throughout a cityT. With technology changes more telephone companies, particularlyT in rural areas, are adding video to their service packages. Sherburne Wright Cable Commission Elk River is part of the Sherburne Wright Cable Commission, a joint powers organization that oversees the operation of the cities' cable franchise. Ten cities are part of the commission. The commission meets as needed, and acts on behalf of the member cities to enforce and administer their franchises and monitor the overall performance of the cable franchisee, which can include handling customer service issues, the companyT's use of the public right-of-wayT, and equipment and channel issues. Elk River has a 15-year franchise agreement with Charter Communications (Spectrum). Via the franchise agreement, the city receives certain benefits to transparently communicate with the communityT, and includes: ■ Channels to use for programming. ■ Dedicated fiber to help connect government facilities to video and data services. ■ PEG (Public, Educational, and Government) and franchise fees. ■ ComplimentaryT basic cable service to certain public safetyT facilities. ■ Allo`ving residents to receive cable TV and other technologyT service from Charter. The franchise pertains on1yT to the cable television services. Per federal law, the cityT does not have any role in the regulation of the cable companyr's inteYnet or telephone services. InteYnet concerns are addressed byT Federal Communications Commission (FCC) and phone services to the Minnesota Public Utilities Commission (PUC). The federal government has substantially deregulated the cable industryT with the intent of encouraging competition in the cable, telephone, and internet arenas and is continuing to change as technologyT changes. As a result, the cityT's franchising authorityT is limited in what it can review. The cityT cannot regulate cable pricing, programming, or equipment to be used by the cable operator. Complaints received byT the cityT consist of fiber lines run over propertyT, tyTpicallyT during winteY/spring as the snow melts. The local cable office is contracted to remedy the issues. Common complaints seen online are t�rpicall�T about internet speeds, which the cit�T has no authorit�r to regulate. • 1 SO Second Street SW a ry i g� Perham, MN �6573 218.346.5500 arvig.com July 19, 2022 City of Elk River, Minnesota 13065 Orono Parkway NW Elk River, MN 55330-5600 Re: Tekstar Communications, Inc. ("Tekstar"); City of Elk River, Minnesota; Cable Franchise Application Information Request Dear Sir/Madam: Tekstar responds below to Elk River's franchise application information request. Res�onse to Cable Franchise_An�lication (1) Plans for channel capacity, including both the total number of channels capable of being delivered and actually to be delivered upon system activation; Tekstar response: Tekstar Communications, Inc. ("Tekstar" or "Arvig") will provide video service via its fiber broadband connection to each home or business. Due to this robust technology, there is no technical limit to the number of channels which can be offered, only the economics of purchasing equipment to expand upon our existing channel offering and contractual obligations from the satellite programmers. At this time, Tekstar intends to offer 156 general entertainment, news, sports, and premium channels within Elk River upon launch of service. (2) A statement of the television and radio broadcast signals for which permission to carry has been obtained or will be requested from the Federal Communications Commission; Tekstar response: Tekstar has negotiated retransmission consent agreements for the following broadcast stations within the Minneapolis DMA: WUCW (Sinclair Broadcast Group), WCCO (Viacom CBS), KSTP (Hubbard Broadcasting), KMSP (Fox Sroadcasting), WFTC (Fox Broadcasting), KARE (Tegna Media), KSTC (Hubbard Broadcasting). Tekstar will also retransmit the Twin Cities PBS (KTCA) as a must carry station. Tekstar retransmits the primary stream of each station listed as well as several additional multicast streams. Tekstar does not currently retransmit any radio broadcast signals. DOCSOPEN�SH255111802839.v 1-6/8/22 (3) In the case of a telephone provider, a copy of the MPUC certificate of authority; Tekstar response: Please see the two attachments relating to the MPUC certificate of authority. (4) A description of the proposed system design and planned operations, including at least the following items: a. the location of the headend facilities from which programming will be received; Tekstar response: Tekstar's master headend is located at 950 2°d St SW, Perham, MN 56573. All satellite delivered channels are received, processed, and distributed from this location. b. an explanation of the ownership of the facilities comprising the video system; Telistar response: Tekstar owns the master headend and the closed-circuit distribution network providing service to customers. c. a map identifying the proposed initial service area(s) in the City; Tekstar response: Please see attached map indicating locations of fiber cable within the City. d. a proposed schedule for expansion of service beyond the initial service area or description of the proposed policy for such expansion; Tekstar response: Tekstar will use commercially reasonable efforts to extend the cable system within the franchise area where technically and financially feasible. e. the schedule for activating two-way capacity; i.e. capacity to send video signals "up stream"; Tekstar response: Due to the content being delivered via a broadband connection, the system is two-way natively and "up stream" transport capabilities are present upon activation. f. the number of channels and services to be made available for community access broadcasting, and a proposal for providing community access programming; Tekstar response: Tekstar will provide at least one specially designated access channel available for use by the general public on a first-come, frst- serve, nondiscriminatory basis. The City will establish rules for the administration of the access channel, although Tekstar generally reserves the right to use the access channel when not in use by the general public. g. a general description of any non-video services such as telephone service, high speed internet or data transmission services to be provided in the City. Tekstar response: Tekstar has the ability to provide telephone, high speed internet, and data transmissions services to locations where Tekstar facilities are present. (5) A proposal for funding community access prograimliing facilities and/or staff; Tekstar response: Open for discussion. (6) The terms and conditions under which services will be provided to institutions and identification of any plans for providing free or reduced price video or data transmission services or capacity or other "in-kind" services to governmental, educational, and other institutional entities; Tekstar response: Tekstar will provide basic television service, at no charge, to the Elk River City Hall so long as the City has an active Arvig Internet connection (which is required by all customers to receive video services). (7) A schedule of proposed service rates and the proposed policy regarding charges for unusual or difficult service connections; Tekstar response: Please see the attachment outlining service rates and fees. For unusual or difficult service connections, Tekstar will charge trip, time, and material as needed. (8) A schedule for constructing and activating the system including the sequence in which video service will be activated in various parts of the City; Tekstar response: Video service can be activated immediately in areas where fiber distribution exists as indicated in the attached fiber network diagram. At this time, no additional mainline construction is scheduled for 2022. (9) A statement indicating the applicant's qualifications and experience in the video services field, if any; Tekstar response: Arvig got its start in 1950 as a small telephone company in eastern Otter Tail County, and has since grown into one of the largest independent telecommunications companies in the nation. Through the decades, we have embraced change, taken risks, and found opportunities to grow and improve. Today, we are a technolog,y leader, providing business and residential solutions for internet, television, phone, security, Hosted PBX, and fiber transport to over 60,000 residences and businesses throughout Minnesota. When we began television service in 1987, we used analog technology, but we have embraced new technologies over the years, transitioning to digital and now to an app-based delivery system over our robust �ber network. We maintain a master headend in Perham, MN where all TV channels are received and processed for transmission to the customers. The headend is staffed by two technicians with over 60 years of combined experience in the cable industry. We have a 24x7 helpdesk along with customer care professionals and service technicians ready to assist new and existing customers. We are an ESOP company with over 800 employees that take pride in providing quality products and services, minimizing downtime, and delivering value to our customers, no matter the type of products they receive from us. (10) Identification of and contact information for the municipalities in which the applicant either owns or operates a video system, directly or indirectly, or holds video franchises; Tekstar response: Please see attached document. (11) Plans for financing the proposed system, including significant anticipated source of capital and significant limitations or conditions with respect to the availability of the indicated sources of capital; Tekstar response: Arvig will utilize cash on hand and an existing credit agreement through CoBank ACB. (12) A statement detailing the corporate organization of the applicant including the names of officers and directors, and information identifying all affiliated companies or businesses; Tekstar response: President/CEO — Allen Arvig, Vice President/C00 — David Arvig, CFO — Staci Malikowski, Director — Rick Vyskocil, Director — Marvin Ward, Director — Carmen Arvig, Director — Ashley Arvig, Director — David Pratt. (13) A notation and explanation of omissions or other variations with respect to the application; and Tekstar response: No omissions or other variations. (14) An application fee totaling $5,000 to offset the City's costs associated with processing applications. Any portion of the application fee which remains after payment of a11 the City's costs will be refunded. If you have any questions or require further information, please call me at (218) 346- 8270. Sincerely, � - G►�� '✓-r ,..- � Joel Smith State of Minnes�` County of fs 1 ,1 , This d�ument was signed before me on_ +, Z� b' Y. L<�-•�� 4 � �' ' .�..�.�1.�.�r.�..�'�1..--»-�--.� .`�. . , � J061E M, wiN�.s � �;� NOTARY�PUBUC—MINNESOTA � � by CoiruNr+ion F.�ke�,UW. 91, �!5 4 �,,.r,..�..�,...r..�..�..�r.�.�.�.�..�,+ �` BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION Beverly Jones Heydinger David Boyd J. Dennis O'Brien Phyllis Reha Betsy Wergin Chair Commissioner Commissionex Commissioner Commissioner Thomas G. Burns Olsen Thielen Consultant for Tekstar Communications, Inc. 2675 Long Lake Road St. Paul, MN 55113 SERVICE DATE: February 19, 2013 DOCKET NO. P-5542/M-12-1304 In the Matter of a Request to Amend the Certificate of Authority of Tekstar Communications, Inc. to Expand its Service Area The above entitled matter has been considered by the Commission and the following disposition made: Granted Tekstar Communications, Inc. conditional authority to pravide facilities based services in the exchanges included in the T�vin Cities Rate Center where Qwest dba CenturyLink QC, Citizens Telecommunications of Minnesota, Inc., and Frontier Communications of Minnesota, Inc. are currently the Incumbent Local Exchange Carriers (ILECs); in the exchanges of Lindstrom, Scandia Marine and Taylors Falls where Citizens Telecommunications of Minnesota, Inc. is currently the ILEC; the exchanges of Henderso�n, LeCenter and Montgomery where Frontier Communications of Minnesota, Inc. is currently the ILEC; the exchanges of Cambridge, LeSneur, North Branch, Princeton and Stillwater where Qwest dba CenturyLink QC is currently the ILEC; and the exchanges of Chaska, Cokato, Hastings, Howard Lake, Norwood and Osseo where Embarq Minnesota, Inc. dba CenturyLink is currently the ILEC conditioned upon the Company receiving Commission approval of an updated 911 plan covering the expanded service area, any necessary interconnection agreements and the company must file an updated price list/tariff prior to offering service in the Proposed Service Area. The Commission agrees with and adopts the recommendations of the Department of Commerce, which are attached and hereby incozporated into the Order. This Order shall become effective immediately. �v¢err. t�"'� �',o. O� ��,�� E�i_F.,'��.-•"'�_ � � �SY , � � � •' @ � w,� .r' � �;��;_.. - } �� z� BY ORDER OF 'THE COMMISSION � Bur W. Haar Executive Secretaxy This document can be made available in alternative formats (i.e. large print or audio) by calling 651.296.0406 (voice). Persons with hearing or speech disabilities may call us through Minnesota Relay at 1.800.627.3529 or by dialing 711. 85 7th Place East, Suite 500 MINNESOTA St. Paul, Minnesota 55101-2198 �' DEPARTMENT OF www.commerce.state.mn.us �COMMERCE 651.296.4026 FAX 651.296.1959 � � An equal opportunity employer December 17, 2012 Burl W. Haar Executive Secretary Minnesota Public Utilities Commission 121 7�` Place East, Suite 350 St. Paul, Minnesota 55101-2147 RE: Coxnments of the Minnesota Department of Commerce Docket No. P5542/M-12-1304 Dear Dr. Haar: Attached are the comments of the Minnesota Department of Comznerce in the following matter: Request to amend the certificate of authozity of Tekstar Comnnunications, Tnc. to expand its service area. The petition was filed on November 29, 2012 by: Thomas G. Bwrns Olsen Thielen Consultant for Tekstar Communications, Inc. 2675 Long Lake Road St. Paul, MN 55113 The Department of Commerce recommends that Tekstar Communications, Inc. be granted conditional. authority to provide facilities based services in the exchanges included in the Twin Cities Rate Center where Qwest dba CentuxyLink QC, Citizens Telecommunications of Minnesota, Inc., and Frontier Comumunications of Minnesota, Tnc. are currently the Incumbent Local Exchange Carriers (ILECs); in the exchanges of Lindstrom, Scandia Marine and Taylors Fa11s where Citizens Telecommunications of Minnesota, Inc. is currently the ILEC; the exchanges of Henderson, LeCenter and Montgomery where Frontier Communications of Minnesota, Inc. is currently the ILEC; the exchanges of Cambridge, LeSueur, North Branch, Princeton and Stillwater where Qwest dba CenturyLink QC is currently the ILEC; and the exchanges of Chaska, Cokato, Hastings, Howard Lake, Norwood and Osseo where Embarq Minnesota, Inc. dba CenturyLink is currently the ILEC. Before providing service in an exchange requested in this petition, the Company must first receive Commission approval of an npdated 911 plan covezing the expanded service area, any necessary interconnection agreexnents and the Burl W. Haar December 17, 2012 Page 2 company must file an updated price list/tariff prior to offering service in the Proposed Service Area. Sincerely, /s/ BONNIE J. JOHNSON Telecommunications ,Analyst BJJ/jl Attachment ... -�- � � BEFORE THE MIlVNESOTA PUBLIC UTILITIES COMMISSION COMMENTS OF THE MINNESOTA DEPARTMENT OF COMMERCE Docz�T No. P5542/M-12-1304 I. BACKGROUND A. PROCED URAL H1'STORY OF COMPANY SERVICE AREAS On October 31, 1997, in Docket No. P5542/NA-97-1081, the Commission granted Tekstar Communications, Inc. a certificate of authority to provide facilities based and resold local, and long distance service in the Detroit Lakes exchange where Qwest Corporation dba CenturyLink is currently the TLEC. On Decernber 8, 1998, in Docket No. P5542/M-98-1481, the Commission approved the request of Tekstar Comrnunications, Inc. to annend its certificate of authority to include the Battle Lake and Henning exchanges, wherein Qwest Corporation dba CenturyLink is currently the ILEC. On April 26, 1999, in Docket No. P5542/M-99-214, the Commission approved the request of Tekstar Communications, Inc. to amend its certificate of authority to include the exchanges of Wadena, Mahnomen, Staples, Fergus fa11s, Hawley, Bemitdji and Cass Lake wherein Qwest Corporation dba CenturyLink is currently the ILEC. B. FACTUAL BACKGROUND OF CURRENT PETITIDN On November 29, 2012, Tekstar Communications, Inc. filed a petation to amend its existing certificate of authority and provide facilities based service in the exchanges in the Twin Cities Rate Center where Qwest dba CentuzyLink QC, Citizens Telecommuzz:�cations of Minnesota, Inc., and Frontier Communications of Minnesota, Inc. are currently the Incumbent Local Exchange Carriers (ILECs); in the exchanges of Lindstrom, Scandia Marine and Taylors Falls where Citizens Telecommunications of Minnesota, Inc. is currently the ILEC; the exchanges of Henderson, LeCenter and Montgomery where Frontier Cozximunications of Minnesota, Inc. is Docket No. P5542/M-12-1304 Analyst assigned: Bonnie J. Johnson Page 2 currently the II.EC; the exchanges of Cambridge, LeSueur, North Branch, Princeton and Stillwater where Qwest dba CenturyLink QC is currently the ILEC; and the exchanges of Chaska, Cokato, Hastings, Howard Lake, Norwood and Osseo where Embarq Minnesota, Inc. dba CenturyLink is currently the ILEC. Tekstar Communications, Inc. application falls under Mix�xi. Rules pt. 7812.0300, subpt. 5 and Minn. Stat. §237.16, subd. 4. Along with the petition, Tekstar Comumunications, Inc. included proposed service area maps. II. STATEMENT OF ISSUES Whether the ComYnission should grant an amended certificate of authority to Tekstar Communications, Inc. III. LEGAL REFERENCES Under Minn. Stat. §237.16, subd. 4 and Minn. Rules part 7812.0300, subpt. 5, the Corrunission must decide upon a petition for an amended certificate of authority within 20 days. Minn. Stat. §237.16, subd. 4 mandates that local service providers obtain an amended certificate of authority before expanding their service areas. Minn. Rules pt. 7812.0300, subd. 5, descz�bes the requirements and the decision criteria for granting an amendment to a certificate of authority fox a change in service area. Minn. Rules pt. 7812.0300, subd. 5 states that a petition to modify a local service provider's service area must include a revised map and descriptive narrative delineating the petitioner's proposed service area changes. The petition rnust be served on the parties identified in Minn. Rules pt. 7812.0200, subpt. 6. An amended certificate is deemed approved within 20 days of the petition's service date unless the petition involves an acquisition under Minn. Stat. §237.23 or an objection to the petition is filed within 20 days of the petition's service date. Minn. Rules pt. 7812.0550, subpt. 1 requires a competitive local exchange carrier to obtain Commission approval of a comprehensive 911 plan before providing local service in an area. The local exchange carrier filing the plan must serve the plan on the Department of Cornmerce, the Office of the Attorney General's Residential Utilities Division, the Department of Public Safety, and if the carrier proposes to serve within the metropolitan area, the Executive Director of the Metro Emergency Services Board. Minn. Rules pt. 7812.0550, subpt. 3 establishes the requirements for a 911 plan. N. ANALYSIS The Department believes that Tekstar Communications, Inc.'s request to amend the certificate of authority fulfills the requirements of Minn. Stat. §237.16, subd. 4 and Minn. Rules pt. 7812.0300, subpt. 5. The company has stated that it has served notice of its proposals on the Docket No. P5542/M-12-1304 Analyst assigned: Bonnie J. Johnson Page 3 parties identified in Minn. Rules pt 7812.0200, subpt. 6. The filing included service area rnaps and a descziptive narrative delineating the petitioner's proposed service area changes. The filing does not involve an acquisition under Minn. Stat. §237.23 and, to date, the Department is not aware of any objections to the petition. The Company xeceived Commission approval of its interconnection agreeax�.ent with US WEST, now Qwest dba CenturyLink QC, on March 23, 1998 in Docket No. P5542/M-99-214, and Commission approval of its 911 plan, with annual updates. The 2011 911 plan update, Docket P5542/EP-11-710, remaans open, however, the Department of Public Safety has not submitted comments expressing concerns with the filing or requested Tekstar Communications, Inc. provide additional information. Tekstar Communications, Inc. will need to receive Commission approval of an updated 911 plan covering the expaaxded service axea, any necessary interconnection agreements and the company must file an updated price list/tariff prior to offering service in the Proposed Service Axea. V. ALTERNATIVES 1. Grant Tekstar Communications, Inc. petition without conditions; 2. Grant Tekstar Cornmunications, Inc. conditional authority to provide facilities based services in the exchanges included in the Twin Cities Rate Center where Qwest dba CentutyLink QC, Citizens Telecommunications of Minnesota, Inc., and Frontaer Communications of Minnesota, Inc. are cwcrently the Incumbent Local Exchange Carriers (ILECs); in the exchanges of Lindstrom, Scandia Marine and Taylors Falls where Citizens Telecommunications of Minnesota, Inc. is currently the ILEC; the exchanges o£ Henderson, LeCenter and Montgomery where Frontier Communications of Minnesota, Inc. is currently the ILEC; the exchanges of Cambridge, LeSueur, North Branch, Princeton and Stillwater where Qwest dba CenturyLink QC is currently the TLEC; and the exchanges of Chaska, Cokato, Hastings, Howazd Lake, Norwood and Osseo where Embarq Minnesota, Inc. dba CenturyLink is currently the ILEC conditioned upon the Company receiving Commission approval of an updated 911 plan covering the expanded service area, any necessary. interconnection agreements and the company must file an updated price list/tazxff prior to offering se�rvice in the Proposed Service Area. 3. Deny Tekstar Communications, Inc. petition. VI. RECOMMENDATION 2. Grant Tekstar Communications, Inc. conditional authority to provide facilities based services in the exchanges included in the Twin Cities Rate Center where Qwest dba CenturyLink QC, Cit�zens Telecommunications of Minnesota, Tnc., and Frontier Communications of Minnesota, Inc. are currently the Jncurnbent Loca1 Exchange Carriers (II.ECs); in the exchanges of Lindstrom, Scandia Marine and Taylors Falls where Docket No. P5542/M-12-1304 Analyst assigned: Bonnie J. Johnson Page 4 Citizens Telecommunications of Minnesota, Inc. is currently the ILEC; the exchanges of Henderson, LeCenter and Montgomery whexe Frontier Communications of Minnesota, Inc. is currently the II.EC; the exchanges of Cambridge, LeSueur, North Branch, Princeton and Stillwater where Qwest dba CenturyLink QC is currently the ILEC; and the exchanges of Chaska, Cokato, Hastings, Howard Lake, Norwood and Osseo where Embarq Minnesota, Inc. dba CenturyLink is currently the ILEC conditioned upon the Company receiving Commission approval of an updated 911 plan covering the expanded service area, any necessazy interconnection agreements and the company must file an updated price list/tariff prior to offering service in the Proposed Service Area. /jl October 25, 2016 Daaniel P. Wolf Executive Secretary MN 1'ublic Utilities Commission 121 Seventh Place, Suite 350 St. Paul, MN 55101-2147 Re: In the Matter of a Request to Amend the Certificate of Authority of Tekstax Communications, Inc. to Expand its Service Area MPUC DocketNo. P-5542/M-12-1304 Dear Mr. Wolf The Commission granted Tekstax Communications, Inc. ("Tekstar") conditional authority to provide facilities-based local exchange services areas in certain areas in the above referenced docket. The Commission Order in this docket requires Tekstar to: 1) have an approved interconnection agreement with the incumbent local exchange carrier serving the areas; 2) have an approved 911 plan for the affected area(s); and 3) have an approved tariff for the affected area(s) prior to offering service. The purpose of this filing is to inform the Comrr�ission that Tekstar has entered a resale agreement with a facilities-based CLEC with a statewide service area. This arrangement allows Tekstar to choose whether to build or lease v✓hen serving specific axeas. Should Tekstar choose to build facilities in these areas, Tekstar will obtain interconnection with the ILEC serving those areas. Otherwise Tekstar will resell a CLEC's services in that area, obviating the need for Tekstar to obtain an ICA with the ILEC serving that area. In any case Tekstar will meet the other two conditions prior to providing local service by: 1) obtaining approval of a 911 plan which reflects resold or facilities-based 911 plan as appropriate for the affected area(s); and 2) have a Commission approved tariff to for the affected area(s). If you have any questions in this matter please contact me at 651.621.8322 or tgburns@otcpas.com Sincerely, ls/ Thomas G. Bur°ns Thomas G. Burns Consultant for Tekstar Communications, Inc. St Paul Office � 2675 Long Lake Road � St. Paul, MN 55113-1117 � 651.483.4521 � 651.483.2467 Fax Minneapolis � 300 Prairie Center Dr., Ste. 300 � Minneapolis, MN 55344-7908 � 952-941-9242 � 952-941-0577 Fax www.otcpas.com Depend on our pea�ilr. Co�cnt on our adnice."' �L� ��'ER C ITY E41� Ri�r La��l�I I �r�ist� � c�r��i�nit� �tMov�' Sherburne Governr�aerrt Certt�r k Ri�� Hic�h rclxoo! �enards �� U��I m a rt Pinewood Golf Club Home � �ort� Brothers Fire $i . 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TNT Disney Disney XD ID TLC Food Network History 46 47 48 49 50 51 52 54 55 56 57 5$ 59 60 62 63 64 65 66 67 68 Cartoon Network Lifetime Travel Channel A&E Animal Planet CNBC CNN Headline News CNN truN Fox News Channel Hallmark Channel Discovery NewsmaxTV AMC Syfy Magnolia Network Freeform National Geographic Bravo FX Weather Channel Complete Includes Essential and Choice Channels 27 80 102 103 104 105 106 708 709 111 606 607 608 609 610 612 613 618 620 71 72 73 74 75 76 78 79 110 121 126 127 136 149 611 614 615 616 617 124 125 128 135 144 145 150 152 Premium Packages TBDTV Purchase a la Carte with Choice and Heroes & Icons Complete WiFi Plans getN HBD-Cinemax This TV Quest 300 HBO 311 MoreMAX True Crime 301 HBO 2 312 MAX Latino Circle 302 HBO Signature 313 55tarMAX TrueReal 303 HBOFamily 314ThrillerMAX Dabl 304 HBO Comedy 315 MovieMAX 305 HBO Zone 316 OuterMAX 310 Cinemax 317 ActionMAX ESPNews Oxygen RFD-TV Lifetime Real Women Oprah Winfrey Network Lifetime Movie Network MSNBC Inspiration Network BBC America Fox Sports 1 Bally Sports North PLUS Fox Business Network Big Ten Network Alternate WE Laff lon Mystery KOOLTV Bounce Grit Nat Geo Wild CBS Sports Network FX Movie Channel Disney Junior Olympic Channel Fuse Boomerang Fox Sports 2 Showtime-TMC 320 Showtime 321 5ho 2 322 ShoShowcase 323 Sho Extreme 324 Sho Beyond 325 Showtime Family Zone 326 Sho Next 327 Sho Women 328 Flix 330 Movie Channel 331 Movie Ch Xtra STARZ ENCORE 340 STARZ 341 STARZ Edge 342 STARZ Kids & Family 343 STARZ in Black 344 STARZ Cinema 350 STARZ ENCORE 351 STARZ ENCORE Westerns 352 STARZ ENCORE Classic 353 STARZ ENCORE Suspense 354 STARZ ENCORE Black 355 STARZ ENCORE Action WatchTVEverywhere IYs easy to stream more than 70 of your favorite channels and shows, including live content, almost anywhere on almost any device with WatchTVEverywhere. FREE with your Arvig television service: Register at arvig.net/wtve! All services based on Arvig service area; some restrictions apply. Customer must subscrihe to an adequate speed of Arvig internet service. A typical Arvig WiFiN stream requires SMb. A free Amazon account with a valid billing address is required to use the FireTV Stick See Arvig for details. Product details, channel lineups, pricing and availability su6jed to change without notice. "Available applications vary by device type; see IisY ofSupported Devices at arvig.neUwifiN. Cloud DVR recordings can be viewed outside the home on an individual show andlor network basis. Not all content is available in HD. Ifyou are unsure ifyour devicesupports HD,yourdevice manufacturerw1116e able to help. ReplayTV is enabled/disabled on an individual show and/or network basis. 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City Akeley Battle Lake Bertha Bluffton Callaway Cass Lake Clitherall Deer Creek Dent Detroit Lakes Frazee City Hawley City Henning City Gary City Hewitt City Longville City Mahnomen City Nevis City New York Mills City Osakis City Ottertail City Park Rapids Perham City Richville City Staples City Twin Valley City Ulen City Vergas City Wadena Walker City Waubun City Parkers Prairie City Eagle Bend City Grand Meadow Racine Wykoff Contact Kristi Kath Val Martin Janet Umland Connie Stelzer Shelly Dillon Sue Uhrinak Kathy Staples Thomas Parish Karen E Johnson Kelcey Klemm Jordin Roberts Lisa Jetvig Kim Schroeder Bindy Thronson Kimberly lenarz-Greenwaldt Christina Herheim Karie Whitson-Kirschbaum Dawn Veit Julie Roberts Angela Jacobson Amanda Thorson Berit Ramstad Skoyles Jonathan Smith Leslie Lee Tara Greer RachelJohnson Sandy Braseth Julie Lammers Kim Schroeder Hope Fairchild Phil Dassinger Beth Wussow Kevin Hess Scott Kerrins Rob Mathias Rebecca Schmidt Clerk Clerk Clerk Clerk Clerk Clerk Clerk Clerk Clerk Administrator Administrator Clerk Clerk Clerk Clerk Clerk Administrator Administrator Clerk Clerk Clerk Clerk Manager Clerk Clerk Clerk Clerk Clerk Administrator Administrator Clerk Administrator Administrator Administrator Clerk Clerk 218-652-2465 218-864-0424 218-924-4454 218-385-4814 218-375-4691 218-335-2238 218-864-5161 218-462-2001 218-758-2233 218-846-7123 218-334-4991 218-483-3331 218-548-7581 218-356-8600 218-924-4366 218-363-2022 218-935-2573 218-652-3866 21$-385-2213 320-859-2150 218-367-2250 218-732-3163 218-346-9799 218-371-0079 218-894-2550 218-584-5254 218-596-8849 218-342-5996 218-632-2750 218-547-5501 218-473-3050 218-338-5059 218-738-5982 507-754-5280 507-378-2931 507-352-6082