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Congress should also continue to <br />recognize, support and maintain the <br />exercise of local franchising authority to <br />encourage increased competition between <br />incumbent cable system operators and <br />new wireline competitive video service <br />providers including: <br />a) Maintaining provisions in Minn. Stat. <br />ch. 238 that establish and uphold local <br />franchising authority, including the <br />authority to receive a franchise fee <br />based on gross revenues irrespective <br />of any in -kind contributions; <br />b) Refraining from adopting any FCC <br />rule changes that would further <br />restrict existing local authority to <br />charge for and control access to public <br />rights -of -way by all video and cable <br />service providers; <br />c) Maintaining local authority to charge <br />fees on providers to ensure the <br />provision of public, educational, and <br />governmental (PEG) programming, <br />to require the provision of video <br />channels and video streaming for PEG <br />programming with video and audio <br />quality/channel location equivalent to <br />that of the local broadcast stations, <br />and ensuring programming is <br />accessible and searchable by all <br />residents of the local authority <br />through detailed Electronic <br />Programming Guide listings that are <br />equivalent to that of local broadcast <br />stations; <br />d) Ensuring continued cost-effective local <br />government access to capacity on <br />institutional networks (I -Nets) <br />provided by local cable system <br />operators for public safety <br />communications, libraries, schools, <br />and other public institutions to use <br />state-of-the-art network applications; <br />and <br />85 <br />e) Strengthening local authority to <br />enforce customer service standards <br />and transparency in pricing. <br />LE-20. Public Right -of -Way <br />Management <br />Issue: Cities hold local rights -of -way in <br />trust for the public as an increasingly scarce <br />and valuable asset. As demand increases for <br />use of public rights -of -way (PROW), cities <br />must coordinate the use of this resource <br />among competing uses and to manage the <br />use of the PROW for delivery of essential <br />municipal utility services. Cities continue to <br />experience increased demand for space in <br />the PROW including the siting of <br />underground wired and overhead wireless <br />facilities and sites for wireless <br />communications. Additionally, technology <br />located in the public right-of-way will <br />continue to support the increase of new <br />modes of mobility and delivery methods <br />including Connected Autonomous Vehicles <br />(CAV) that may also operate in the public <br />right-of-way. While local management <br />responsibilities vary and are site specific, the <br />increased demand for utilizing space in the <br />public right -of way underscores the <br />necessity for maintaining local authority. <br />Minnesota's Telecommunications Right -of - <br />Way User Law was amended during the <br />2017 Session with legislation creating a <br />separate permitting system for placement of <br />small wireless facilities on city -owned <br />structures in the public right-of-way. The <br />change in law clarified that wireless <br />providers are telecommunications right-of- <br />way users and maintained cities' right-of- <br />way management authority, but limitations <br />were imposed on cities' compensation <br />through rent and timelines for processing <br />small wireless facilities permits. <br />Response: Minn. Stat. §§ 237.162-.163 <br />worked well for many years, but <br />