Laserfiche WebLink
I'~Hf,,~±.d~J3 .I.d;qFI-"l'l ~I~NDLb_Y GUZZETTPl LLC h10.337 P.3/~ <br /> <br />Stephen J. Guzzetta <br />May 27, 2005 <br />Page 2 <br /> <br />exemption enco~ages providers to build out new systems free from regulation. IfNextera <br />acmally serves more than 1,000 subscribers at any time, the City can terminate the exemption it <br />is granting and subject Nextera to regulation pursuant to Chapter 238. Until that time, the City <br />has the ability to exempt Nextera from the franchise requirements of Section 238. <br /> <br />We are not aware of anything in the City's Charter that would change this result. Nextera has a <br />certificate ofauthor, ity to provide telecommrmieations serv/cea ~ the State e'fM/.rmesota..It will-. - <br />use existing telecommunications facilities in the City to provide video sertices. Therefore the <br />requkement cfa franchise for entry into ~e City fights of way (Chapter I0 of the City Charter) <br />do not apply. <br /> <br />If and when Nextera begins to serve more tha~ 1000 subscribers in the City, we would be <br />prepared to enter into a franchise agreement with the City, following the procedures of the City <br />and the Cable Commission. We would note that we do not belie're that such a franchise would <br />need to be identical to that held by the incumbent operator. The applicable standard is not that <br />every franchise be identical, but merely that each entrant be treated in ways that are substantially <br />similar, taldng the franchise as a whole into account. (,Comea.qt Cablevision of New Haven. Inc. <br />v. Connecticut DPUC., 1996 WL 6611805). Therefore, issues such as line extension policies, for <br />instance, may appropriately vary from agreement to agreement. <br /> <br />Third, the provisions of Section 238.084, which go to the contents cfa franchise ordinance, <br />apply "unless otherwise provided." We suggest that the City may chose to adopt procedures <br />regarding sersfiee providers such as Nextera, who are not imposing any additional burden on the <br />City's rights of ways and who are already authorized by the State to provide services, that <br />%throw/se provide" w/thin the meaning of Section 238.084, and such procedures would be <br />allowable under state law. <br /> <br />We welcome your suggestion that the next step should be a meeting betwe~ represenlativeS of <br />Nextm:a and the City. Plea,se give me a call to discuss any questions you have about our position <br />and or to discuss next steps. <br /> <br />Attorney at Law <br />Direct Dial: 612.492.7124 <br />Email: aladd~fredlaw.eom <br /> <br />AML:jbr <br />cc: Greg Arvig <br />t~3126l 10\I <br /> <br /> <br />