08-04-2011 SWC MIN - Laserfiche WebLink

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080411 cable Page 2 of 3 Commission Business b. Franchise Agreement MonticellolTDS ridgewater Telephone] Jean Pauk, with Bridgewater/TDS, introduced herself and stated TDS is requesting a franchise agreement with the City of Monticello. Attorney Vose explained the role of the commission is to review the agreement and make any comments. He stated the commission doesn't have to approve the agreement as they don't have veto power over the city. Attorney Vose discussed language in the agreement along with termination rights. Ms. Pauk stated it is their intent to enter the franchise agreement fox IPTV services rather than cable type services and they are willing to do this under the franchise agreement. Chair Shuman stated language in the agreement has payment going to the City of Monticello. She stated the city would then submit the payment to the commission. The Commission consensus was they were okay with this arrangement. MOVED BY COMMISSIONER LEVENS AND SECONDED BY COMMISSIONER KAMPA TO ACCEPT THE COMMENTS FROM ATTORNEY VOSE REGARDING THE AGREEMENT. MOTION CARRIED 8-0. 4. Attomev's Report a. U dates Attorney Vose provided an update of legislative happenings regarding the cable and telephone statutes. He stated the phone statute has a provision that gives cities authority to get into the phone business via a referendum approved by a supermajority. He stated the League of Minnesota Cities is proposing changes because the supermajority vote language is prohibitive to cities. Attorney Vose further stated the Minnesota Municipal Utilities Association and county associations are asking him to propose some changes to the legislation because it is unclear whether counties have referendum authority and many counties are considering offering phone service in partnership with cities. Attorney Vose also discussed an FCC Notice of Inquiry recently sent out which says the FCC is taking an interest in whether they have a role regarding phone companies in right- of-ways. He noted the groups who would be Filing comments. The comments relate to Minnesota's current law which works well and was lobbied for by the phone companies. Comments also included remarks about zoning requests related to siting of wireless telecommunications equipment and co-locations within the 60 day rule. b. Windstream Avreements Attorney Vose discussed the settlement worked out with Windstream and noted Windstream agreed to pay $60,000 for two bonds: $50,000 in Big Lake and $10,000 in Maple Lake. MOVED BY COMMISSIONER AUGER AND SECONDED BY COMMISSIONER CARSWELL TO APPROVE THE TWO SETTLEMENT AGREEMENTS AND RELEASES WITH WINDSTREAM. MOTION CARRIED 8-0.