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submitted three right-of-way permit applications, and the City is working to ensure compliance <br />with construction requirements. <br /> <br />City Engineer/Public Works Director Bruce Westby explained that the blue-shaded areas on the <br />map represent areas already served by fiber-optic systems. Magenta-shaded areas in the southeast <br />corner are proposed to be served by Gateway Fiber in 2026. The City has been tracking fiber-optic <br />systems since 2024 and has built a database to monitor them. City staff’s understanding was that <br />over 1700 residential homes and 37 businesses have access to fiber. He noted that the City is <br />reviewing the permit applications and working closely with Gateway Fiber to ensure compliance <br />with construction requirements. <br /> <br />City Attorney Amanda Johnson discussed the legal definitions of broadband, cable, and telecom, <br />and their implications for franchising. She explained that the City’s goal was to protect the right- <br />of-way infrastructure and ensure fair and adequate access for all residents. Key terms include <br />public land (ROW), franchise agreement, right-of-way permit, and telecommunications right-of- <br />way user. Minnesota state law defines a telecommunications right-of-way user, which excludes <br />cable communications systems. The City has franchise agreements with Xfinity and Prism, which <br />the Cable Commission administers. <br /> <br />City Attorney Johnson explained the federal and state regulations governing broadband and their <br />impact on franchising. She noted that the Sixth Circuit has ruled that, under FCC rules, broadband <br />is an information service rather than a telecom service. Minnesota state law explicitly states that <br />the City cannot franchise telecom services, but can franchise cable services. She also noted that <br />the City has an ordinance in Chapter 10 that requires franchise agreements for utilities in the right- <br />of-way unless prohibited by state law. The QCTV Cable Commission administers and enforces <br />cable franchises and is primarily funded by cable franchise fees. <br /> <br />City Attorney Johnson highlighted the impact of streaming services on cable franchise fees, which <br />have fallen sharply. Current cable franchise agreements do not cover streaming services, resulting <br />in revenue declines. She highlighted this is another area of potential litigation to determine whether <br />streaming should be included in franchise agreements. <br /> <br />City Attorney Johnson reviewed local examples, including the City of Woodbury’s franchise <br />agreement with Intrepid and the City of Medina’s agreement with Midco. The Woodbury <br />agreement is non-exclusive, allowing multiple entities to provide services. <br /> <br />Mayor Heineman recessed the City Council Workshop at 6:58 p.m. to proceed to the Regular City <br />Council meeting, with the intent of continuing the workshop after the regular meeting. <br /> <br />Mayor Heineman reconvened the City Council Workshop at 7:22 p.m. to discuss the review of the <br />existing proposal for fiber optic service providers within the City of Ramsey. <br /> <br />City Attorney Johnson explained the legal framework for determining whether broadband falls <br />under telecommunications or cable, noting the classification’s evolving nature. She highlighted <br />Minnesota statutes and federal court opinions suggesting that broadband should be treated as cable <br />for franchising purposes. She indicated that the City’s ordinance requires franchising for <br />City Council Work Session / June 9, 2026 <br />Page 4 of 6 <br />