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1998_0810_packet
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r <br /> 0 t 3V 98 THU 142:30 FAX X 003 <br /> return.. To protect this invesvin t� cable carat r ir)s1 t that If <br /> competition on does am- e 'n a conun-Mitt'l t 3t of pla S r c T��e <br /> rn <br /> rules_ <br /> Whether the level play n field pro }ons of Franch�is <br /> apply, wil depend On wheiher ar+other company proposes to provide <br /> cable service. Under the proposed. t)rdinancc Cable Service is defined <br /> in a wanner consistent with federal and state l atv. In laq persons terms, the <br /> diffcrence bet-vveen F.'cable sen}ice'} and other telecommunications or-video <br /> delivery services has been the. extent to Which the cone pan prollidiug the <br /> service controls the content, and utie method by w fn h the sem'ce is <br /> delivered. thus, the City would riot be able to franchise a iocal telephone <br /> company under their cable franclrdse. TI it s difference is clear 'However, <br /> over the p ast few years, interpreting. fiat constitutes `{cable service,"' even <br /> with the aid of federal and state demotions bas h ccome more di ff-icult In a <br /> recent case decided by the FCC,. a now -distinction was ar culat:ed: <br /> whether a provider uses pi�bli ah t -oi-way to deliver <br /> the s�iee, <br /> p <br /> In--m EntMainm FCC 98-111 (June 30, 19 8) <br /> (hereiu the ,F r' case). In ECIL the decided that even if a service <br /> looks and smells like cable seni ce (us rn sIran deb i verb technology and <br /> having control over content), if the co-�--�p . r s o facilities o not <br /> occupy the C-1 'sr . -ubfc n'ghts-of-= a , the pr deer does not need a. <br /> pt' � <br /> franchise from the- it . T i--EC-I5. t ,e provider leased capaci cable <br /> which occupied publi6•rights-ef` a , but did not own the plant located in <br /> the rig <br /> p ublic rights-of--ways. The P C ruled that the owner of the cable <br /> � <br /> would be subject to local,. goy'e•mmental regulation, but the coinp= <br /> t'ovid in , the service would riot be, subject to local governmental <br /> 'I his ease is being appeaked to a federal court of appeals. <br /> r r <br /> pro osed Ordinance could be subject <br /> p ,. ' .th�s_provision sn p <br /> :.�::, :� = t� <br /> ions. The phrase ``when taken as a whole" means <br /> t��-::d�0er6iit interprcta io <br /> h ,t st d entire ordinance wo uld somehow be weighed aga inst the <br /> competitor. In our o ' n, it would be <br /> ord�nan�-6�.-,, � livable to a compe pin�o <br /> k'p _ <br /> , ossibl"to determine,ne, kept through extensive li gatior� whether one <br /> nn <br /> ordi=ce"outweighs"`=Lother in terms of the overall burdens and benefits <br /> p h_ rr3.pein <br /> on co <br /> ter. <br /> .. field rovisions are becoming increasingly important ire <br /> `Level pla g i e p g <br /> i <br /> cable television �iehises. sever <br /> al cities in esota have receiv <br /> applications for competitive cable telcsion frnchlses. tber cities are <br /> pp - l owned facilities, <br /> contemn lafmg pro �idi.g cable sew ice o �r r rr clpal <br /> p <br /> In eithct` case the level laying field. provisions of an incumbent cable <br /> 'p <br /> operatoes franchise become iml)ortant. it is important that this language <br /> be drafted in a manner which provides the City the most flexibility in <br /> tag steps to attract competition to the franchise area. <br /> Outline-Roseville:TWN PrcJCct <br /> #4,0,1627722-1 -7/30199 l-P g.2 <br />
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