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• All households in the City; <br /> • The number and location of households able to receive service; <br /> • The number and location of households actually taking service, and <br /> • Comparative information showing the change/increase in service availability from <br /> prior quarters. <br /> Thereafter, if CenturyLink actually provides service to at least 27.5% of the households it <br /> is capable of serving, the service obligation increases to include an additional 15% of the <br /> total households which must be activated within 2 years. CenturyLink must try to <br /> complete deployment within a shorter period of time. This additional build-out continues <br /> until every household is served. <br /> CenturyLink's approach is consistent with the 621 Order which suggested that it would <br /> be reasonable for a local franchising authority to consider benchmarks requiring a new <br /> entrant to increase its build-out after a reasonable time, taking into account the new <br /> entrant's market success or market penetration.17 Comcast noted that its franchise <br /> requires service availability everywhere with sufficient development density (35 homes <br /> per cable mile overhead; 40 homes per cable mile buried). Comcast did not indicate what <br /> areas this requires be served, what areas it actually serves, or either the locations of <br /> homes passed and customers served or the overall percentage of households served. <br /> Thus, there is no basis to conclude that CenturyLink's proposed obligations violate the <br /> LPF law. <br /> In addition to the LPF law, Chapter 238 requires that "initial franchises" include a <br /> schedule showing: <br /> (3) that construction throughout the authorized franchise area must be <br /> substantially completed within five years of the granting of the franchise;18 <br /> CenturyLink's application seemingly asserts that this requirement is also preempted. <br /> Comcast's responsive comments do not raise a question or concern about CenturyLink's <br /> compliance with the 5-year substantial completion requirement. Comcast's comments <br /> refer only to the LPF law. <br /> CenturyLink's proposed franchise provides (4.3.1(1)) that the "Grantee aspires to provide <br /> Cable Service to all households in the City within five (5) years of the Effective Date." <br /> The Franchise also contains several provisions indicating that it is granted pursuant to <br /> applicable law, and that the Grantee must comply with all provisions of applicable <br /> law.19 <br /> 1'621 Order,¶89. <br /> 18 Minn. Stat. § 238.084,Subd. 1(m). <br /> 19 See e.g.,Section 2.2.1. <br /> 5 <br /> 486014v1 QU210-6 <br />