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Christopher K. Miller May 22,2005 Page 4 We have been unable to locate any Minnesota city or county that currently has an ordinance establishing a high-density corridor pursuant to Minnesota Rule part 7819.0200. It was reported that the City of Windom may have established such a conduit. However, upon discussion with Jim Kartes, Building and Zoning Administrator for the City of Windom, we learned that while Windam did just install conduit for telephone, internet, and cable services, the City of Windom provides municipally-owned telephone, internet and cable services to the community. The conduit installed by the City of Windom was solely for the City's own fiber optics cable; the City does not have an ordinance establishing this as a high-density corridor, or requiring other companies to lay their fiber optic cable in this conduit. A cable communications system, defined and regulated under Minnesota Statute Chapter 238, is specifically excluded from the definition of telecommunications right-of-way user.' �d. Indeed, cable communications systems are not regulated by the Minnesota PUC, but instead are subject to regulation by the Federal Communications Commission ("FCC"). In accordance with federal law and FCC rules, the FCC allows local governmental units to regulate right-of-way use through non-exclusive franchises. Additionally, Minnesota statute gives cable communications permission to use the public right-of-ways and utilities easements to deliver their services to the public. Minn. Stat. # 238.35. Accordingly, when reading Minnesota Rule parts 7819.0100, subp. � l, and 7819.0200, it would appear that a local government unit would not have the authority to require a cable communications system to place its facilities in the high-density corridor. However, the traditional line between telephone company and cable company has been blurred in the past few years with the advent of new fiber optics technology and the deregulation of local telephone service. Today, more and more cable companies are also providing telecommunications or internet services. Consequently, it is very possible for an entity to simultaneously be providing both a cable communications system and transporting telecommunications or other voice or data information through its fiber optic cable. Under this scenario, if a cable company wanted to put a fiber optic cable into a public right-of-way and if any telecommunications are transported or intended to be transported along that fiber optic cable, even if it is only one call, the cable company would arguably become a telecommunications right-of-way user. Accordingly, the local government unit could require that the cable company's fiber optic cable go into the high-density corridor. Moreover, in our � Minn. Stat. '� 238.02, subd. 3 defines "cable communications system," with some exceptions, as a"system that (1) provides the service of receiving and amplifying (i} programs broadcast by one or more television or radio stations and (ii) other programs originated by a person operating a cable communications system or by another person, and (2) distributes those programs by wire, cable, microwave, or other means, regardless of whether the means are owned or leased, to persons who subscribe to the service."