Agenda - Council - 11/22/2016 - Laserfiche WebLink

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a provision that the franchisee's technical ability, financial condition, and legal qualification were considered and approved by the franchising authority in a full public proceeding that afforded reasonable notice and a reasonable opportunity to be heard;2 The public hearing requirement is significant because cable franchising is a "quasi-judicial" process.3 Among other things, the public hearing affords an incumbent cable operator the opportunity to present evidence and argument concerning its existing franchise obligations or an applicant's qualifications to receive a competitive franchise. The Commission gave the required notice and subsequently conducted the statutorily-required public hearing on June 18, 2015. At the hearing, representatives for CenturyLink gave a presentation describing the company's qualifications and plans to offer "Prism" video service. The incumbent cable provider, Comcast, provided written comments dated June 17, 2015 concerning CenturyLink's application. Current Status We have completed review of CenturyLink's application and franchise negotiations with the company. As explained below, CenturyLink's application can be approved and the proposed franchise(s)may be adopted. ANALYSIS 1. Level Playing Field Law CenturyLink's application includes a multi-page discussion about federal preemption of Minnesota's level playing field law, Minn. Stat. § 238.08 ("LPF law"), which provides: [n]o municipality shall grant an additional franchise for cable service for an area included in an existing franchise on terms and conditions more favorable or less burdensome than those in the existing franchise pertaining to: (1) the area served; (2) public, educational, or governmental access requirements; or(3) franchise fees.4 2 Minn. Stat. § 238.084,Subd. 1(1). 'In re Application of Dakota Telecommunications Group, 590 N.W.2d 644, 647-8(Minn.App. 1999)(citing,Honn v. City of Coon Rapids,313 N.W.2d 409,414-15(Minn. 1981). Quasi-judicial proceedings involve an investigation into a disputed claim that weighs evidentiary facts, applies those facts to a prescribed standard, and results in a binding decision. In granting a cable television franchise, the Cable Act requires that franchise proposals contain specific information and a public hearing be held affording reasonable notice and opportunity to be heard. Minn. Stat. § 238.081, subds. 4, 6. This procedure involves testimonial and documentary evidence,and results in a binding decision. Id.(case citations omitted). 4 Minn. Stat. § 238.08,Subd. 1(b). 2 486014v1 QU210-6