8.6. SR 03-06-1995/-
~lk Ri
**ITEM 8.6.**
MEMORANDUM
~~~ TO: Mayor & City Council
FROM: Pat Klaers, City Adm rator
DATE: March 6, 1995
SUBJECT: Cable Communications Resolution
Attached for your review is some background material on a resolution calling
for the City's support of the Minnesota Emerging Communications Services
Act of 1995. The League of Minnesota Cities and the Minnesota Association
of Cable Television Administrators are both supporting this Act and are
requesting passage of this resolution. This will help present our position to
our Legislators on the importance of this proposed legislation.
Recommendation
Staff recommends approval of the attached resolution which endorses the
Minnesota Emerging Communications Services Act of 1995.
council:commreso
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
- require providers of emerging communications services
to have the capability to deliver services to identified
discrete communities within local authorities, school
districts and county boundaries;
- prohibit "redlining" or "cherry picking" and failure to
provide service to certain subscribers; and
require providers to file written documentation (e.g.
location maps) with the PUC regarding the location of
wires, conduits or other equipment necessary for
constructing, operating, maintaining, offering or
delivering emerging commutications services.
• Allows .the PUC to collect .5 9b of the gross revenues derived
directly or indirectly from the delivery of emerging
communications services to subscribers in a local authority's
area to offset the cost of providing regulation.
• 375539 _ 4
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ELK RIVER
RESOLUTION SUPPORTING PASSAGE OF THE
"MINNESOTA EMERGING COMMUNICATIONS SERVICES
ACT OF 1995"
WHEREAS, the City of Elk River is responsible for monitoring the operation
and activities of cable communications in the City, and
WHEREAS, the City provides coordination of administration and
enforcement of the cable franchise; promotes the development of locally
produced television programming; and conducts such other activities to
ensure equitable and reasonable rates and service levels for the citizens of
City, and
WHEREAS, it is the intent of the cable franchise to ensure the development
and continued operation of a cable communications system so that the City
may achieve better utilization and improvement of public services and
contributes significantly to the communication needs of its residents, and
WHEREAS, in pursuit of these goals the City has granted to private interests
the use of Public Property and Public Right-of--Way.
NOW THEREFORE, at a regular meeting of the Elk River City Council dated
March 6, 1995, the City endorses the "Minnesota Emerging Communications
Services Act of 1995" and encourages its adoption by the Minnesota State
Legislature for the following reasons:
FINDINGS
1. Public Property and Public Rights-of--Way are valuable public assets
and Local Authorities are entitled to ensure that the public is benef"itted,
compensated, protected and able to access and share in the use of any
Emerging Communications Services that makes use of those Public Rights-of-
Way by a private for-profit provider.
2. There is a wide range of Persons seeking to use Public Property and
the Public Rights-of--Way to deliver video, voice and data services and all
such Persons should be treated similarly by State and Local Authorities.
. 3. Existing state statutes do not adequately address these Emerging
Communications Services.
4. Local Authorities are well equipped to analyze and implement the
needs and interests of the local citizen/consumer, and protect taxpayers'
investment in Public Property and Public Rights-of--Way.
CONCLUSION
The City concludes that Local Authorities must have the authority to require
Emerging Communications Services utilizing Public Property and Public
Rights-of--Way to:
1. Obtain permits and comply with minimum state standards and
existing local standards for use of Public Property and Public Rights-of--Way.
2. Prohibit redlining and uphold nondiscrimination standards.
3. Oversee the design of local communications infrastructure to ensure
the meeting of community needs which includes ensuring that a portion of
the public capacity being delivered on a city, county and school district
specific basis as determined by Local Authorities.
4. Allow Local Authorities to receive compensation for use of Public
Property and Public Rights-of--Way.
The City further concludes that existing local authority must be implemented
with local permitting authority which:
1. Enforce compliance with financial, technical, legal and connectivity
standards.
2. Authorizes local collection of fees to compensate Local Authorities for
both the use of and decrease in the value of Public Property and Public
Rights-of--Way as a result of the construction of and occupancy by Emerging
Communications Services.
3. Assures delivery of Emerging Communications Services to Local
Authorities and School Districts.
This Resolution passed and adopted by the City this 6 day of March, 1995.
Attest:
Henry A. Duitsman, Mayor
Sandra Thackeray, City Clerk
Emerging communications. act champions local interests
~~~
Ann Higgins
significance of bringing about uses of
communications services at the local
level to support business growth, create
jobs, and protect and return local
taxpayer investment in the construc-
lion, maintenance and improvement of
public rights-of-way. Please adopt this
or~similarly worded resolution as soon
as possible and send a copy to your
state legislators. (~
~~
1
~,~
Legislation that supports local
government interests in the fast moving
telecommunications debate will be
considered in both the house and
senate. S.F. 568 supports. the 1995
LMC action agenda goals to preserve
local authority over rights of way and
to require regulation of telecommunica-
tions providers to ensure public service
and use. The bill is authored by Senator
Janet Johnson (DFL-North Branch)
who. isvice-chair of the Jobs, Energy,
and Community Development Com-
mittee. AHouse version by Representa-
five Phylis Kahn (DFL-Minneapolis) is
in the works but has not yet been
introduced.
The League is strongty supporting
both measures. The bills will help cities
maintain authority to:
• Require providers to obtain
permits and comply with minimum
standards for use of the right-of-
way in constructing and operating
facilities within city limits;
• Prohibit redlining and uphold
nondiscrimination standards in
providing services within the city;
• Support community access to
services,
• Design the local infrastructure to
meet local communications and
information needs so that a
reserved portion of the capacity
will beset aside and delivered on a
city- and school district-basis
determined by local authorities;
• Allow cities to receive compensa-
tion for use of public rights-of-way
and public property.
Cities have a critical stake in the
outcome of the development of
telecommunications policy at the. state
level. These bills will clearly show
whether state lawmakers understand
and are willing to recognize the
concerns that cities have in the tele-
communications issue.
A number of cities have already
adopted the sample resolution. It is
important that your city consider the
February 24, 1.995
Sample resolution
The League urges cities to adopt the following resolution in support of S.F. 568
(Johnson, J.), the Emerging Communications Acts of 1995, and to send a copy
to local legislators requesting their active support of this bill.
RESOLUTION NO,
RESOLUTION SUPPORTING PASSAGE OF THE "MINNESOTA EMERGING COMMUNICATIONS
SERVICES ACT OF 1995"
WHEREAS, the City of (City) is responsible for monitoring. the
operation and activities of cable communications in the City, and
WHEREAS, the City provides coordination of administration and enforcement of the cable
franchise; promotes the development of IocaAy produced cable television programming; and
conducts such other activities to ensure equitable and reasonable rates and service levels for the.
citizens of City, and
WHEREAS, it is the intent of the cable franchise to ensure the deveopment and continued
operation of a cable communications system 3o that the City may achieve better utilization and
improvement of public services and contribute sig~iticantly to the communication needs of its
residents, and.
WHEREAS, in pursuit of these goals the City has granted to private interests the use of Public
Property and Public Right-of-Way.
NOW, THEREFORE, at a regular meeting of the City Council dated
t 995, the City endorses the "Minnesota Emerging Communications Services Act of 1995"
and encourages its adoption by the Minnesota State Legislature for the following reasons:.
FINDINGS
1. Public Property and Public Rights-of-Way are valuable public assets and Local Authorities are
entitled to ensure that the public is benefited, compensated, protected and able to access and
share in the use of any Emerging Communications Services that makes use of those Public
Rights-of-Way by a private for-profit provider.
2. There is a wide range of Persons seeking to use Public Property and the Public Rights-of-Way.
to deliver video, voice and data services and all such Persons should be treated similarly by
State. and Local Authorities.
3. Existing state statutes do not adequately address these Emerging Communications Services.
4. Local Authorities are well equipped to analyze and implemeht the needs and interests of the
local citizenlconsumer, and protect taxpayers' irnestment in Public Property and Public Rights-
of-Way.
CONGLUSION
The City concludes that Local Authorities must have the authority to require Emerging
Communications Services utilizing Public Propeny and Public Rights-of-Way to:
1. Obtain permits and comply with minimum state starxfards and existing {Deal standards for use
of Public Property and Public Rights-of-Way.
2. Prohibit redlining and uphold nondiscrimination standards.
3. Oversee the design of local communications infrastructure to ensure the meeting pf community
needs which includes ensuring. that a portion of the public capacity being delivered on a city,
.county and school district specific basis as determined by Local Authorities.
4, ANow Local Authorities to receive compensation for use of Public Property and Public Rights-
of-Way.
The City further concludes that existing local authority must be implemented. with local permitting
authority which:
t. Enforce compliance with financial, technical, legal and connectivity standards.
2. Authorizes local collection of lees to compensate Local. Authorities forboth the use of and
decrease in the value of Public Property and Public Rights-of-Way as a result of the
construction of and occupancy by Emerging Gommunications Services.
3. Assures delivery of Emerging Communications Services to Local Authorities and SchooF
Districts.
This Resolution passed and adopted by the City this _ day of , 1995.
City of By
Its
Page 5
League of Minnesota Cities
February 22, 1995
Dear Colleague:
~~~ t ~ 1995 -
.;' t : .. f. ~ ..
.~. ~~ -
MINNESOTAASSOCIATIONOF`~- ~ -
CABLE'TELEVIS1bN_A:DMINISTRATORS -
Cities in Minnesota are.fa~ing a,crisis. I.,il~e xn~arai~%palities across the country, they aze.
threatened with loss of their authority to manage the public rights-of--way on behalf of their
citizens as giant communications companies prepaze for the 1990's version of the Land Rush.
In an effort to retain that authority, the League of Minnesota Cities (LMC) and the Minnesota
Association of Community Telecommunications Administrators (MACTA) are promoting
legislation that would:
1. require a--X new telecommunications service to be subject to permitting requirements
for the use of public property and rights-of--way to deliver new communications services for
profit;
• 2: require any new telecommunications service to compensate municipalities for the right
to use public rights-of--way to deliver new services for profit;
3. require any new telecommunications service to reserve capacity on its network for
public and governmental use; and
4. prohibit redlining of service territories.
We believe that passage of this legislation is critically important for cities, and we urge you to
immediately contact your state senators and representatives to support S.F. 620. Companion
legislation soon will be introduced in the House. We have enclosed an overview of the bill. We
have also included a draft resolution of support for,approval by your city council as afollow-up
to your contacts. The telephone industry in particular is lobbying hard against this legislation,
and timing is critical, so please call your state legislators as soon as possible.
MACTA has led efforts on this important issue. While well worth the time and effort, this
project has been expensive. Therefore MACTA is asking. for financial contributions from cities
and cable commissions to help fund both the research and the campaign for this legislation. The
total cost of the project is expected to be close to $90,000. This includes everything from the
initial legal research of both state and federal rules and regulations pertaining to
telecommunications to the re-drafting that is necessary to respond to suggestions from interested
-over-
parties, including public works directors, as well as industry groups. The suggested contribution
rate is 5 cents per capita. Cities that collect cable franchise fees may want to use these funds for
your contribution. Please make your checks payable to the League of Minnesota Cities which
will serve as the depository for funds.
We appreciate your assistance and support. Feel free to call Coralie Wilson from N~ACTA (482-
1261) ifyou have any questions about the project. Regular updates will appear in LMC and
MACTA publications.
Sincerely,.
~~~
~tiwv
.Jim Miller, Executive Director
LMC
s
Denny Kemp, President
MACTA
•
•
~iJNIl~7ARY OF THE
• MINNESOTA EMERGING. COI~~VIUNICATIONS ACT OF 1995
L WIiY WE NEED NEW COMIMUNICATIONS LEGISLATION
• Minnesota communications policy has evolved over this century in direct
response. to rapidly changing advances in the communications industry.
Current Minnesota statutes which govern communications services have
traditionally been associated with providers, as well as services. Statute
section 237 is associated with telephone companies and "plain old telephone
service" ("POTS") and section 238 is associated with cable companies and
"plain old cable service" ("POCS"). As new services and technologies have
rapidly developed, traditional providers of either telephone or cable service
now have the ability to offer the services of the other. Moreover, telephone
and cable providers aze now offering services which aze not POTS or POCS.
• New legislation is needed because of the new services. which we refer to as
"emerging communications services" provided by cable operators, telephone
companies and other companies. When telephone service and cable service
were new to Minnesota, appropriate legislation was enacted to regulate each of
those services. Now that we have emerging communications services, we
need a new statute section to encourage the development of emerging
communications services throughout the state, to assure the continued
regulation of current services and to protect the investment akeady made by
the public in current communications services.
• New legislation will address all providers of emerging communications
services who utilize public property and public rights-of--way to construct,
operate, maintain, offer or deliver such services.
II. WHAT THE LEGISLATION SAYS
A. OVERVIEW
• Creates a new statute Minn. Stat. § 237A, which will regulate
emerging communications services.
• Applies only to services which are not regulated as "POTS" or "POCS"
under Minnesota Statutes sections 237 and 238 (both amended to
clearly delete all but "POTS" and "POCS "). The services governed by
the new statute section aze called "emerging communications services."
• 375539 - 1 -
• Requires Minnesota Public Utilities Commission ("PUC") to
' promulgate uniform statewide standards and regulations to accomplish
the intent and policy of the Act.
• Allows municipalities, which are referred to as "local authorities," to
require and issue permits from providers of emerging communications
services requiring them to comply with statewide minimum standards
and local requirements.
• Instructs local authorities to enforce PUC established construction and
safety standards, and customer service and technical standards.
• Grants a local authority the right to require a provider of emerging
communications services to serve the entire municipality and prohibit
"redlining" .and/or "cherry picking."
• Permits local authorities to obtain compensation for the use of public
property or public rights-of--way n~ to recover regulatory/permitting
costs.
• Allows local authorities to require the reservation of space use on
emerging communications services for public use.
• Gives local authority the right to reserve "public space" on emerging
. community services.
B. AIJ'I'I~ORITY FOR USE OF RIGIiT-OF WAY TO PROVIDE.
EMERGING COI<BVIUIVICATIONS SERVICES
L Permitting authority.
• Allows local authorities to obtain a permit from all persons
using public property or public rights-of--way for the purpose of
constructing, operating, maintaining, offering or delivering any
emerging communications services.
• Allows a local authority to act pursuant to its own authority or
with other political subdivisions.
• Grants. a local authority the right to collect reasonable permit
fees to recoup the costs of regulation including expenses
associated with monitoring of permit compliance, costs
associated with enforcement of PUC regulations and any
315539 - 2 -
diminution of value of public property or public rights-of--way
which result .from permitting.
•'
2. Compensation .for use of public property and public rights-of--way.
• Permits a local authority to collect compensation of up to 5
percent of the gross revenues derived directly or indirectly from
the delivery of emerging commutications services to subscribers
in the local authority's area.
3. Public Space.
• Allows a local authority to require the reservation of up to 10
percent of the emerging communications services as public space
for public use.
• States that the reserved public space must be equivalent to the
highest technical quality of the remaining capacity of the
affected communications network.
• Creates a group of "eligible entities" including: government,
educational institutions, libraries, access non-profits.
. 4. PUC responsibilities.
• Requires that the PUC promulgate uniform state-wide standards
to:
- standardize the permitting procedure used by local
authorities and ensure uniformity throughout the State of
Minnesota;
- attain universality and interconnection between providers
of emerging communications services;
- provide uniform minimum construction and safety
standards;
- provide uniform minimum technical standards and
customer service standards;
~_ 3~ss39 - 3 -
•
1 A bill for an act
2 .relating to .telecommunications; enacting emerging
3 communications services act; encouraging development
4 and proliferation of emerging communications services
5 in Minnesota; authorizing local. authorities to control
6 the use of public property and public rights-of-way by
7 communications providers; requiring rules; authorizing
8 permits, fees, and charges against gross revenues;
9 imposing a penalty; proposing coding for new law as
10 Minnesota Statutes, chapter 237A.
• 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
12 Section 1. [237A.01] [DEFINITIONS.)
13
14
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20
21
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23
24
25
26
• 27
28
. 02/09/95 [REVISOR j RR/DE 95-1426
Subdivision 1. [SCOPE.] The terms used in this cha ter
have the meanings given them in this section
Subd.. 2. [COMMISSION.] "Commission" means the Minnesota
public utilities commission.
Subd. 3. [EMERGING COMMUNICATIONS SERVICE.] "Emerging
communications service" means any communications service other
than POTS or POCS delivered to a subscriber through the use of
public property or public ri hts-of-way
Subd. 4. [LOCAL AUTHORITY.] "Local authority" means a
Minnesota political subdivision, whether acting under its own
authority or in con unction with other olitical subdivisions
Subd. 5. [PERMIT.) "Permit" means the authority ranted b
a local authority to the provider of an'emer inq communications
service allowin the occupancy of public pro erty or public
rights-of-way for the delivery of the service
Subd. 6. [PERSON.] "Person" means any individual,
1
02/09/95 (REVISOR ] RR/DE 95-1426
1 cooperative, association, proprietorship, company, limited
2 liability company, firm, corporation, artnershi ,limited
3 liability partnership, or other for- rofit organization .
4 qualified to conduct business in Minnesota
5 Subd. 7. [PLAIN OLD CABLE SERVICE, "POCS".] "Plain old
6 cable service." or "POCS" means video transmission delivered
7 under authority granted by federal law, chapter 238, and local
8 cable communications franchises.
9 Subd. 8. [PLAIN OLD TELEPHONE SERVICE, "POTS".] "Plain old
10 telephone service" or "POTS" means bidirectional voice
11 transmission delivered under authorit~r nte~ by federal law
12 and chapter 237.
13 Subd. 9. [SUBSCRIBER.] "Subscriber" means a consumer or
14 user of a communications service delivered throu h the use of 4~
15 public property or public rights-of-way.
~?
a
~
16 Sec. 2. [237A.02] [LEGISLATIVE FINDINGS; POLICY.]
17 Subdivision 1. [FINDINGS.] The legislature finds and
18 declares the following•
19 (a) Public property and public rights-of-way are valuable •
20 .public assets and local authorities are entitled to ensure that
21 the public is benefited by their use for private urposes
22 (b) All similarly situated persons providing emerging
23 .communications services that use public property and ublic
24 rights-of-way to provide those services should be treated
25 similarly by the state overnment and local authorities
26 (c) In chapter 237, the le islature has established a plan
27 for the occupancy and use of public property and' ublic
28 rights-of-way with regard to POCS and also established uniform
29 policies that will bring about development and interconnection
30 of POTS subject to reasonable state oversi ht
31 (d) In chapter 238, the le islature has established a Dlan
32 for the occupancy and use of public property and public
33 rights-of-way and declared that it is in the public interest to
34 protect and to preserve the interests of communities with regard.
35 to POCS and also has established uniform olicies that will
36 bring about development and the availability of POCS sub'ect to
t
2 - -
U2/09/95 [REVISOR ) RR/DE 95-1426
1 reasonable. state and municipal oversight
2 (e) The legislature reco nines. that the services offered by
. 3 the communications industry and the number of persons providing
4 those services are rapidly growing and changin A need exists
5 to develop a comprehensive state communications olicy
6 (f) It has long been the intent of the le islature to
7 ensure that emerain communications services are fully
8 accessible to every state resident, erson, and ublic
9 institution.
10 ~) The cable television industry, tele hone industry,
11 computer .industry, and related industries are now able to ~ _ ~__ -~~
12 provide new services in addition to traditional POCS and POTS
13 Thus, within the communications industry, there is a wide ran e
14 of persons seeking to deliver video, voice, and data services
15 bidirectionally through the use of public property and ublic
16 rights-of-way.
17 (_h) Emerging communications services have created an
18 unaddressed competitive environment in Minnesota public pro erty
. 19 and public rights-of-way Existin state statutes do not
20 adequately address these emer in communications services
21 (i) Local authorities are well equi ed to analyze and
22 implement the needs and interests of the local citizen and
23 consumer. Local governmental use of communication services will
24 support business expansion, create 'obs, s ur economic growth,
25 and improve the overall quality of life Partici ation by local
26 authorities will. protect and return taxpayers' investments in
27 public property and public ri hts-of-way
28 (j) State overnment and local authorities have s ent
29 considerable sums of public money in implementing existing
30 communications law. These interests require legislative
31 .protection in regard to emergin communications services
32 (k) Local. authorities are responsible for develo ing and
33 maintaining public property and public rights-of way Public
34 ro erty and public rights-of-way are valuable assets for which
35 it in appropriate for local authorities to receive reasonable
36 compensation for their use by persons for profit
02/09/95 [REVISOR j RR/DE 95-1426 ~
1 (1) In light of local authorities'~compelling and
2 legitimate interests in ensurin broad and diverse access to
3 communications services in exchan a for the occupancy and use o` .
4 public property and public ri hts-of-way by rivate
5 communications providers, it is ap ro riate to require
6 communications providers to reserve capacity for public use
7 (m) The commission, as a state a ency, is well ecrui ed to
8 develop uniform, statewide policy in the convey ence of
9 communications services. Local authorities are well equip ed to
10 implement and enforce those statewide policies
11 Subd. 2. .[POLICY GOALS.] Major policy goals include
12 fostering development and further advances of the communications
13 industry, universality of service, and regulation of actual or
14 near monopolies. In pursuit of these oals, use of ublic
15 property and public rights-of-way has been ranted to rivate
16 interests for the purpose of furtherin the development of the
17 communications business. With these oals in mind, the
18 legislature also declares that•
19 (a) Local authorities must have the authority to require .
20 emerging communications services using public roperty and
21 public rights-of-way to•
22 (1) obtain permits and com ly with existin local standards
23 for using public ri hts-of-way and public roperty, within
24 uniform state-mandated parameters, in constructing and operatin
25 facilities to distribute services within munici al boundaries;
26 (2) prohibit redlining and uphold nondiscrimination
27 standards in providing emergin communications services,
28 (3) support community access to emerging communications
29 services;
30 (4) design the local communications infrastructure to meet
31 community communications and information needs within state and
32 federal uniform standards of universalit and interconnectvit
33 so that a portion of the public capacity can be delivered on a
34 city_ and school district-specific basis as determined by the
35 local authorities; and
36 (5) allow local authorities to receive com ensation for the
4 - -
ul/u9/95 [REVISOR ] RR/DE 95-1426
1 use of public ri hts-of-way and public pro erty
2 (b) Current local franchisin authority over POCS and
• 3 commission-permitting authority over POCS does not adequately
4 address emerging communications services and must be
5 supplemented with local permittin authority that
6 (1) ensures enforcement of and compliance with state and
7 federal technical and connectivity standards;
8 (2) enforces financial, technical, and le al qualifications
9 of emerging communications services providers;
10 (3) authorizes local collection of fees adequate to
11 reimburse local authorities for the use and diminution of value
12 and useful life of public rights-of-way and ublic roperty in
13 addition to reimbursement for expenses associated with
14 permitting;
15 (4) protects local interest in the mana ement of public
16 rights-of-way and public property; and
17 (5) assures discrete delivery of certain communications
18 services to relevant constituencies within local authorities,
19 local school districts, and county boundaries
20 Sec. 3. [237A.03] [AUTHORITY TO USE PUBLIC PROPERTY.]
31
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34
35
36
21 Subdivision 1. [SCOPE.] This chapter applies to every
22 person using public property or public rights of way for the
23 .Purpose of constructing, operatin , maintainin , offerin , or
24 delivering any emer in communications services
25 Subd. 2. [PERMIT REQUIRED.] A person cannot offer emer inq
26 communications services unless a permit is obtained from the
27 local authority. A local authority acting under its own
28 authority or in conjunction with other political subdivisions
29 shall require a permit of any person subject to sections 237A O1
30 t~ 2~7a_n~
Subd. 3. [RULES.] (a) The commission shall adopt uniform
statewide standards and rules to ensure that the intent and
policy of this chapter will be accomplished
(b) By January 1, 1996, the commission shall prescribe and
periodically thereafter revise rules to carry out its
obligations under paragraph (a)
5
02/09/95 [REVISOR ] RR/DE 95-1426
1 (c) In prescribing rules, the commission shall seek to
2 reduce the administrative burdens on subscribers, local
3 authorities, and any person required to have a permit, and •
4 standardize the permittin procedure to ensure uniformity
5 throughout the state so that the process will not be unduly
6 burdensome or unduly hinder the proliferation of emer in
7 communications services in Minnesota.
8 ~d) At a minimum, rules developed by the commission must
9 include the followin which must be enforced by the local
10 authorities:
11 ___-_ _,(1)_ statewide minimum standards of universality and
12 interconnectivity that, wherever possible, must provide for the
13 delivery of emer in communications services beyond the
14 boundaries of local authorities to ensure public convenience is
15 met;
16 (2) a description of the permit procedures and
17 requirements;
18 (3) a process for determinin local needs and evaluating
19 performance;
20 (4) interconnection requirements to attain interconnection
21 between persons providin emer ing communications services,
22 where possible, within the 'urisdictions of local authorities;
23 (5) provisions to ensure that all providers of similar
24 emerging communications services are sub'ect to the same
25 requirements pursuant to this chapter;
26 (6) requirements that all existin commitments to
27 municipal, educational, and other public or community services
28 are maintained;
29 (7) requirements that roviders of emer in communications
30 services shall provide services to identified discrete
31 communities within local authority, school district, and county
32 boundaries;
33 (8) requirements that ensure open access to all
34 communications architecture through the development of a
35 "seamless web" of emerging communications services delivery •
36 systems;
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02/09/95 (REVISOR ] RR/DE 95-1426
•
•
1 (9) uniform construction and safety standards ensuring that
2 local authorities retain control over the use of and egui ment
3 and facilities located on or in public property and public
4 rights-of-way;
5 (10) uniform standards that will reduce duplication of
6 equipment and facilities located on public roperty or in ublic
7 rights-of-wa_y that are necessary for constructin o erating,
8 maintainin , offerin or delivering any emergin communications
9 services;
10 (11) uniform minimum technical standards;
11 {12) uniform customer service standa~ds;_~
12 (13) procedures for the expeditious resolution of disputes
13 between permittees and local authorities, with appeal to the
14 commission;
15 (14) standards and procedures to prevent unreasonable
16 charges to subscribers-
17 (15) prohibition against discrimination of services to
18 ensure the availability of services to the broadest range of
19 subscribers without regard to income or location; and
20 (16) requirements for filing written documentation, for
21 example, location maps, with the commission and local
22 authorities by every person providin emer in communications
23 services that identifies all wires, conduits, or other egui ment
24 necessary for the purpose of constructin o eratin ,
25 maintaining., offerin or deliverin the emerging communications
26 services placed under, above, or on public property or ublic
27 rights-of-way.
28 Sec. 4. [237A.04] [COMPENSATION FOR USE OF PUBLIC
29 PROPERTY.)
30 Subdivision 1. [PERMIT FEES.] The local authority may
31 charge and collect a reasonable permit fee sufficient to recoup
32 the costs of re ulation. The fee may include not only the
33 actual costs of ermitting, but also all ex enses associated
34 with monitoring permit compliance, costs associated with
35 enforcing commission rules, and any diminution of value of
36 public property or public rights-of-way as a result of the
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1 installation upon or continued occupancy of ublic roperty or
2 public rights-of-way.
3 Subd. 2. [CHARGE AGAINST GROSS REVENUES.] In recognition
4 of the use of public pro erty or ublic rights-of-way by a
5 person for. the purpose of receivin com ensation and to avoid
6 further subsidization of private entities throu h the free use
7 of public property and public rights-of-way, a local authority
8 may charge up to five ercent of the ross revenues derived.
9 directly or indirectly from the delivery of emer ing
10 communications services to subscribers in the local authority
11 Subd. 3. [ADMINISTRATIVE EXPENSES,] The commiss'fon shrill "
12 collect one-half percent of the ross revenues derived directly
13 or indirectly from the delivery of emer in communications
14 services to subscribers in the local authority for
15 administrative expenses relatin to the im lementation of this
16 chapter and rules adopted pursuant to this chapter
17 Sec. 5. [237A.05] [PUBLIC SPACE.]
18 Subdivision 1. [PUBLIC SPACE RESERVATION REQUIREMENT.] The
19 local authority may require the reservation of not more than ten
20 percent of the emerginq communications services for use as
21 public space. This ten percent reservation requirement not only
22 applies to spectrum or channel capacity, but also to the actual
23 service or technology delivered in the spectrum or channel
24 capacity exclusive of actual content The total reservation of
25 public space must not exceed ten ercent
26 Subd. 2. [RULES.) By January 1, 1996, the commission shall
27 adopt rules to im lement subdivision 1
28 Subd. 3. [AVAILABLE FREE.] The reserved public space must
29 be made available free of char a and identified at the time a
30 permit is issued.
3b Subd. 4. [CONSIDERED PUBLIC PROPERTY.] The reserved public
32 space must be considered public pro erty, and the roviders of
33 any emerginq communications services have no control over, and
34 no liability for, the content of the reserved public space
35 Subd. 5. [UNUSED PUBLIC SPACE.] Rules adopted ursuant to
36 this section must provide that if the local authority determines
•
•
•
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02/09/95. [REVISOR ] RR/DE 95-1426
1 that any portion of reserved public space will o unused, the
2 reserved amount may be reduced by the unused ortion
• 3 Subd. 6. [TECHNICAL QUALITY.] The technical quality of
4 reserved public space must be equivalent to the hi hest
5 technical quality of the remaining capacity of the affected
6 communications network in all respects.
7 Subd. 7. [ELIGIBLE ORGANIZATIONS.] The following
8 organizations are eli ible for access to public s ace reserved
9 under this section, which must be allocated and used in the
10 discretion of the local authority:
_ 11 (1) state and tribal overnments and -local authorities and
12 their agencies;
13 (2) accredited educational institutions o en to enrollment
14 by the public;
15 (3) public and nonprofit libraries; and
16 (4) nonprofit organizations described under section
17 501(c)(3) of the Internal Revenue code of 1986 that are formed
18 ~.
for the purpose of providin nondiscriminatory ublic access to
• 19 noncommercial educational, informational, cultural, civic, or
20 charitable services.
21 Subd. 8. [TERMS AND CONDITIONS OF ACCESS.J Eligible
22 organizations have access to public space at no char a for
23 installation or service if usin the ublic s ace only to
24 provide educational, informational, cultural, civic, or
25 charitable services directly to the public without char a to the
26 public or advertisers for those services
27 Subd. 9. [RULES; ALLOCATING COSTS.] The rules of the
28 commission must provide for reasonable fundin of the equi ment
29 and facilities necessary for use of reserved public space, and
30 allocate all costs amon all permittees, existin or new
31 Sec. 6. [237A.06] [PENALTY.]
32 A person who violates a provision of this cha ter is guilty
33 of a gross misdemeanor. Any term of imprisonment im osed for a
34 violation by a business organization listed in section 237A O1,
• 35 subdivision 6, but not an individual, must be served by the
36 senior resident officer.
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1 Sec. 7. [SHORT TITLE.]
2 Sections 1 to 6 may be cited as the "Minnesota emerging.
3 communications services act of 1995."
4 Sec. 8. [EFFECTIVE DATE.]
5 Section 3, subdivision 2; and section 5, subdivision 2, are
6 effective the day following final enactment. The remaining
7 provisions of this act are effective January 1, 1996.
10