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�� M oss & B� rn ett A Professional Association franchises. Given the apparent conflict between the Order and Minnesota Statutes, this issue could provide ammunition for those interested in seeking changes to Minnesota's cable statute (Chapter 238) i n 2007. The Order also purportedly prohibits the enforcement of local level playing field requirements although this prohibition may not extend to provisions within existing franchises that allow an operator to "opt-out" based on more favorable franchising terms offered to a competing provider. Careful examination of existing incumbent franchises will be necessary once the text of the Order has been released. Without question the Order is a significant set-back for L�As across the country and could potentially cost cities and counties hundreds of millions of dollars nationwide. I n addition, it remains to be seen whether the inability to mandate universal service or more aggressive build-out requirements will result in the provision of service to only "high value" subscribers to the detriment of subscribers deemed less valuable to the competing operators. The FCC has also issued a further Notice of Proposed Rulemaking to determine whether its new regulations should be extended to existing cable television franchises. The FCC's press release stated that the FCC "tentatively concludes that the findings should apply to existing franchisees at the time of their next franchise renewal process, and seeks comment on the Commission's statutory authority to take this action." There is a six-month window for action on this new Notice of Proposed Rulemaking. Brian T. Gragan is a shareholder with the Minneapolis law firm of Moss $c garnet� practicing in the firm's communications law and energy practice group. Brian represents local units of government throughout the country on a variety of communications issues including cable and telecommunications franchising, right-of-way management, municipal wireless communications, tower leasing, pole attachment negotiations, public safety communications and litigation. He is a frequent presenter at state and national conferences regarding communications law and he is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Of�icers and Advisors, International Municipal Lawyers Association (Contracts, Franchises and Technology Section), and is past chair of the Communications Law Section of the Minnesota State Bar Association. ��r.— Brian T. Grogan, Esq. Moss & Barr��.t, A Professional Association 4800 Wells Farao Center, 90 South Seventh Street hlinnaa�lis, MN 55402-4129 Telephone: (612) 877-5340 Facsimile: (612) 877-5999 Ema�l� ar�g��GStioss-bamettcar� �'a� sil�: wwr�r,m i, r.'�•i��rr�cynmr ii�r;�l i�n�,1r_w.r�xri #