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