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October 220 1997 <br />Page, 2 <br />To the extent they regulate teleconununicafionsi right-of-way users, <br />Sections I to 5 supersede Sections 222.37, 3001.03, and 3010.,O�4- <br />.9�nd any ordinance, regulationl or rule to the contrary. <br />As Chapters 1204 and 1205 are, contrary to the new rtght-olf-way legi'slation, they are <br />ed <br />cleNrly supersed. <br />In addikion, it has come to my attention that after, over two years, ofinaction, the FCC <br />is prepared to act, on the US West petition to have Chapters 1204 and 1205 declared invalid. <br />.N <br />All indications are that the FCC will rule in favor ofUS, West. This could harm municipalities <br />P a <br />in other states as they attempt to regulate telecommuni"cations, carriers in the right-of-way. <br />In light of ffie above, I would agam' recommend that the City Clou,ncii pass the attache <br />ordinance repealbag Chapter's 12,04 and 1205 of' the City Code as they are in, v,io�latio�n of sita <br />t <br />law and cannot be enforced. Additionally, any further delay 'in repealing these ordinances coul <br />result in an adverse decision by the FCC, which would not, adversely affect Roseville or, othe, <br />Mmmsota cities, but could have an adverse affect on mumcipalifies 'in other states. el <br />