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

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exceed the incumbent's obligations, are unreasonable, while pro rata sharing arrangements are reasonable. However, the 621 Order does not appear to preempt Minnesota's LPF law. The 621 Order did not "preempt state law or state level franchising decisions . . ."13 Rather, the FCC "expressly limit[ed] . . . [its] findings and regulations in this Order to actions or inactions at the local level where a state has not specifically circumscribed the LFA's authority."14 Local requirements are preempted to the extent they conflict with the FCC's guidance in the 621 Order and are not "specifically authorized by state law."15 The LPF law is a "state law or state level franchising decision" under the 621 Order. The LPF law prohibits local action by mandating that municipalities refrain from granting certain more beneficial terms in "an additional franchise" if there is "an existing franchise." CenturyLink has not explained how the LPF law constitutes a "local franchising action" that is preempted rather than a "state law" that is expressly preserved. If, however, Comcast's franchise were to contain independent level playing field obligations, the 621 Order would preempt such provisions as they are not"specifically authorized"by the LPF law or other state law. 2. Compliance with Level Playing Field Law The franchise terms negotiated with CenturyLink comply with the LPF law.16 The terms regarding: (1) the area served; (2) public, educational, or governmental access requirements; and (3) franchise fees, are as follows: Service Area CenturyLink proposes a "market success" approach to cable service deployment. Specifically, CenturyLink would make service available to at least 15% of each city's households during the first 2 years after issuance of franchises, and make best efforts to complete such deployment faster. CenturyLink will further be required to offer service to any and all households capable of receiving such service initially. System technical information disclosed to commission representatives suggests that the percentage of households able to receive service initially may materially exceed 15% of each member's households. CenturyLink's deployment must be equitable and must include households below the median income. To track compliance, CenturyLink must meet each quarter with the commission to present maps and other information showing: 13 621 Order at¶126. 14 Id.at¶ 1,n.2. 15 Id.at¶126. 16 The LPF law would likely be interpreted to require"similar,"not identical,franchise obligations. See, WHLink v. City of Otsego, 664 N.W.2d 390,396(Minn.Ct.App.2003); Cable TVFund 14A v. City of Naperville, 1997 U.S. Dist. LEXIS 7336, *37-38(N.D.IL 1997); Comcast Cablevision of New Haven,Inc. v. Connecticut Department of Public Utility Control, 1996 Conn. Super.LEXIS 2927, *7(1996);and United Cable Television Corporation v. Connecticut Department of Public Utility Control 1994 Conn. Super.LEXIS 2222(1994). 4 486014v1 QU210-6