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F ednkson <br /> <br />May 27, 2005 <br /> <br />VIA FACSIMILE <br /> <br />Stephen J. Guzzetta <br />Bradley & Guzzetta, LLC <br />950 Piper Jaffray Plaza <br />444 Cedar Street <br />St_ Paul, Minnesota 55101 <br /> <br />Re: Nextera Communications <br /> <br />Dear Steve <br /> <br />I am writing as a follow up to our recent conversations regarding the huterest of my client, <br />Nextera Communications, to provide video services using existing telecommunications systems <br />in the ,City of Ramsey. As we discussed briefly, we believe the City has th.e authority under <br />Minnesota law (and under the City of Ramsey Charter) to allow Nextera Communications to <br />provide Open Video System services in an area w/thin the City of Ramsey without the need for a <br />formal franchise. Our beliefis based on the plain language of Minnesota Statutes Section 238 <br />Subct 3¢). <br /> <br />Section 238 Subd. 3(b) states that a "Cable communications system" does not include "a system <br />that serves fewer than 50 subscribers or a system that serves more than 50 but fewer than 1,000 <br />subscribers if the governing bodies of all political subdiv/sions served by the system vote, by <br />resolution, to remove the system from the provisions of this Chapter" (emphasis added). <br /> <br />Section 238 Subd. 30) provides that al_] systems serving fewer than 50 subscribers are exempt <br />from Chapter 238. The statute further allows governing bodies to exempt systems serving more <br />than 50 but less than 1,000 subscribers from regulation pursuant to Chapter 238. <br /> <br />You have asked whether the incumbent cable provider w/Il argue that Section 238 Subd. 3(b) <br />cannot be applied to systems that may, at some point in the future, serve more than 1,000 <br />subscribers. While the incumbent may make this argument, we do not believe this argument is <br />tenable in the face of the clear, unambiguous language of the statue, The simple fact is that the <br />legislature could easily have said "will be able only to serve", or "w/Il only ever serve" but it did <br />not. The legislature provided for the exemption because regulation of 4he type contemplated by <br />Chapter 238 is'not necessary un/ess and until a system serves a critical mass of subscribers. The <br /> <br /> Attorneys & Advisors ] Fredriksorl & Byron, P,A. <br /> moin 012.492.7000 / 200 South Sixth StreeL Suite 4000 <br /> fax 612.492.7077 /Minneapolis, Minnesot~ <br /> " www, frcdl, aw.co m/56402-1425 <br />MEMBER OF THC ~QRL~ SFRVICE~ GROUP / OFFICES <br /> / <br /> <br /> <br />