INFORMATION #4 12-03-2007 - Laserfiche WebLink

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franchising process. We expressly limit our findings and regulations in this Order to actions or inactions at the local level where a state has not circumscribed the LFA's authority. Order, ¶ 126 (emphasis added). Cable franchising in Minnesota is comprehensively governed by Minnesota Statutes, Chapter 238. Minnesota law circumscribes local authority by mandating that provisions governing a variety of issues be included in all franchises. Minn. Stat. § 238.084. Minnesota law further mandates that local franchises put incumbents and competitors on a "level playing field" regarding franchise fees, build-out/service area, and PEG obligations. Minn. Stat. § 238.08, Subd. 1(b). Accordingly, the franchise obligations imposed on competitors in Minnesota are largely the result of state statutory requirements. Municipalities implement the state statutory requirements via local franchises. The Order recognizes the existence of state-imposed franchising requirements including, specifically, Minnesota's level playing field requirement. Order, ¶ 47 and fn. 168 ("At least 10 states impose level-playing-field requirements upon LFAs, and those laws vary significantly in the subject matters they encompass. For example, compare Minnesota's requirement that a competitive entrant face similar build-out, franchise fee, and PEG requirements to Illinois's requirement....") The Order does not preempt these state requirements, stating instead: One specific example of the type of local laws that this Order preempts are so-called "level playing field" requirements that have been adopted by a number of local authorities. We find that these mandates unreasonably impede competitive entry into the multichannel video marketplace by requiring LFA's to grant franchises to competitors on substantially the same terms imposed in the incumbent cable operators.... Accordingly, to the extent alocally-mandated level-playing-field requirement is inconsistent with the rules, guidance, and findings adopted in this Order, such requirement is deemed preempted. Order, ¶ 13 8. Accordingly, the Order preempts conflicting local requirements that exceed Minnesota's statutory level playing field requirements. This would include any level playing field requirements included in an existing franchise agreement that exceed state statute. Application Process; Time Limits. The FCC's timelines for action on competitive franchise applications will apparently apply in Minnesota. The Order gives a local franchising authority ("LFA") 90 days to act on an application if "the applicant has existing authority to access public rights-of-way," and 180 days otherwise. The time can be extended by mutual agreement. 47 C.F.R § 76.41(d); Order ¶ 67, 70-73. If an application is not timely acted upon, it is deemed granted an interim basis on the terms proposed. The interim period ends when the LFA formally acts on the application. 3