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Christopher K. Miller <br />May 22,2005 <br />Page 3 <br />B. The local government unit's procedure to establish the high- <br />density corridor must include the following elements: <br />(1) a need and opportunity analysis by the local government unit; <br />(2) a finding by the local government unit that the designated <br />portion of the public right-of-way is, or will imminently be, <br />congested right-of-way; <br />(3) a determination by the local government unit governing <br />council that a high-density corridor should be established; <br />(4) notice and opportunity for interested parties to be heard on <br />the proposed high-density corridor; <br />(5) the development by the local government unit of a cost study <br />that includes the allocation of the cost of building and <br />maintaining the high-density corridor, principles of cost <br />recovery, and the allocation of capacity within it, which must be <br />submitted to public hearing and review by the governing body of <br />the local government unit; and <br />(6) the opportunity for any party providing utility service in the <br />applicable right-of-way to appeal the governing body's adoption <br />of the cost study to the commission. <br />C. Existing telecommunications facilities shall not be relocated to - <br />the high-density corridor, unless required pursuant to [Minnesota Rule] _ <br />part 7819.3100. <br />Minnesota Rule part 7819.3100 sets forth the circumstances under which a local <br />government unit can require existing telecommunications facilities be relocated to a high- <br />density corridor. Namely, a local government unit may require a telecommunications right-of- <br />way user permanently remove and relocate its facility in the right-of-way "when it is necessary <br />to prevent interference, and not merely for convenience of the local government unit, in <br />connection with: (1) a present or future local government use of the right-of-way for a public <br />project; (2) the public health or safety; or (3) the safety and convenience of travel over the <br />right-of-way." <br />