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LAW OFFICES OF' l!'ETERSON, BELL., CONVERSE, & JENSEN, P,.A,-- Erwin A. Peterson 1500 Minnesota World Trade Center Robert C. Bell 30 East Seventh Street Willard L. Converse St. Paul, MN 55 1 01 Roger A. Jensen Of 'Counsel James C. Erickson*t Telephone, (612) 223-4999, Kurt, F. Walther Carol A. Baldwin Facsimile (612) 223-4987 Charles R. Bartholdi Caroline Bell Beckman Mitchell W. Converse Shari A. Jacobus October 22, 199,7 Mr. Steve Sa,rkozy City Manager City of Roseville 2660 Civic Center Dri-% Roseville, MN 55113 rx, E Repeal, of'Chapters 1204 and 1205 of the City Code Our File No. 1,011,.,19, I= As you know, the Minnesota Legislature recently passed a new, law' regulating use of the public rights-of-way by telecommunications carriers. One provision of thi"s, new law provides that 'in managing the public rights-of-way, no local government unit may require a 6 telecommunications r,ight-of-wa,y user to obtain a franchise or pay for the use of the right-of- way. Minn. Stat. §1237.16,3, subld. 7(4)1(1997). Theis 'i's exactly what Chapters 1,204 and 1205 were intended, to accomplish. Chapter 1204 it 0 1 1 ees to the requires telecommunication right-of-way users to obain a franc,h'se and pay certain f a rht-olf-way City for use of the fight-of-way, and Ch a pter 1205 re q uires a telecommunications ri g user to obtain a, pernut and play certain fees for use of the nght-iof-way. ions raised was whether pChaters 12,04i and 1205 m.- ht be One of' the quest" 19 11grandfathered" as they were existing ordinances of the City at the time the state right-of-way legislation was enacted. A thorough review of the Minnesota r* ht-of-way legislation reveals ig that Chapters 12041 md 1205 are not grandfathered,"' 'in and are currently in violation of' the state law. Specifically, Minn. Stat,. §237.81 reads as follows: *Also Admitted in Wisconsin t'Civfl Trial Specialist, Certified by the Civil Litigation Section off the Minnesota State Bar Association.