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Christopher K. Miller May 22,2005 Page 2 utilityiindustry to place its fiber optics cable in City-owned conduit actually, in our opinion, depends on the usage, or potential usage of the fiber optics cable. Minnesota Statute § 237.163 sets forth the statutory authorization and requirements for use and regulation of the public right-of-way with respect to telecommunications right-of-way users. By definition, telecommunications right-of-way users are those persons or entities "owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public right-of-way, that is used or is intended to be used for transporting telecommunications or other voice or data information." Minn. Stat. § 237.162, subd. 4. Minnesota Statute § 237.163, subd. 2(b} grants local government units the authority to manage its public rights-of-way pursuant to this section, if it so chooses. The City of Roseville has chosen to exercise the statutory authority granted by the Minnesota legislature under Minn. Stat. §§ 237.162-.163. ��: Roseville City Ordinance § 7D7.Q�(B). The Roseville City Ordinance Chapter 707.02 generally mirrors the statutory definition of a telecommunications right-of-way user. Minnesota Statute � 237.163 gives the Minnesota Public Utilities Commission {"P�JC") the authority to develop and adopt statewide construction standards to ensure the safe and convenient use of the public rights-of-way. Minn. Stat. § 237.163, subd. S{a}. The PUC has done so in the form of Minnesota Rule Chapter 7819. Local government units are prohibited from adopting any ordinance or other regulation that conflicts with a standard adopted by the PUC for the terms and conditions of right-of-way construction, excavation, maintenance, and repair, or the terms and conditions under which telecommunications facilities and equipment are placed in the public right-of-way. Minn. Stat. § 237.163, subd. 8(c}. As part of the statewide construction standards, the PUC has promulgated a rule that permits local government units to establish "high-density corridors" by ordinance. A"high- density corridor" is defined as "a designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure." Minn. R. 7819.0100, subp. 11. This appears to reflect the concept envisioned by the City of Roseville. Pursuant to Minnesota Rule part 7819.0200, an ordinance establishing the procedure for installing a high-density corridor must meet the following standards: A. The ordinance must provide for competitive neutrality among telecommunications right-of-way users.