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additional competitive franchise," and; <br /> WHEREAS, state law (Minn. Stat. § 238.084, subd. 1(d)) also provides that cable <br /> franchises must be non-exclusive, and; <br /> WHEREAS, state law (Minn. Stat. § 238.08, subd. 1(b)) specifically provides for <br /> franchising of a competitive provider within an area already served, and; <br /> WHEREAS, state law includes a"level playing field" requirement, providing that grant <br /> of"an additional franchise for cable service for an area included in an existing franchise" must <br /> not be on "terms and conditions more favorable or less burdensome than those in the existing <br /> franchise pertaining to: (1) the area served; (2) public, educational, or governmental access <br /> requirements; or(3) franchise fees," and; <br /> WHEREAS, CenturyLink's application notes that on March 5, 2007, the Federal <br /> Communications Commission ("FCC") released a Report and Order in its "Video Franchising" <br /> proceeding (MB Docket No. 05-311)("Order") concluding that "level playing field" <br /> requirements may result in unreasonable refusals to grant competitive franchises, and; <br /> WHEREAS,the Order preempts certain"level playing field"requirements, and; <br /> WHEREAS, at the conclusion of the public hearing, the Commission directed staff and <br /> legal counsel, Kennedy & Graven, to negotiate franchise terms with CenturyLink and such <br /> terms have been negotiated. <br /> NOW THEREFORE, BE IT RESOLVED that the Commission recommends that the <br /> Cities approve the CenturyLink franchise application based on the following: <br /> 1. CenturyLink's application substantially complies with the Commission's application <br /> instructions and requirements, and provides the information necessary to make a decision. <br /> 2. Minnesota's "level playing field" requirements, Minn. Stat. § 238.08, Subd. 1, are not <br /> preempted by the Order. <br /> 3. The franchise(s) negotiated with CenturyLink comply with the "level playing field" <br /> requirements, and issuance of franchises to CenturyLink will advance the Cities' interests in <br /> obtaining competitive cable and telecommunications services. <br /> 4. No basis to find CenturyLink legally, technically, or financially unqualified to receive <br /> franchises has been identified. The application and publically-available information reflect that: <br /> Legal: CenturyLink is authorized to do business in the state of Minnesota. The company <br /> represents that it has or will make all appropriate filings and preparations prior to offering <br /> cable service. <br /> 488457v1 RJV QU210-6 2 <br />