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02/09/95 (REVISOR ] RR/DE 95-1426 <br />1 installation upon or continued occupancy of ublic roperty or <br />2 public rights-of-way. <br />3 Subd. 2. [CHARGE AGAINST GROSS REVENUES.] In recognition <br />4 of the use of public pro erty or ublic rights-of-way by a <br />5 person for. the purpose of receivin com ensation and to avoid <br />6 further subsidization of private entities throu h the free use <br />7 of public property and public rights-of-way, a local authority <br />8 may charge up to five ercent of the ross revenues derived. <br />9 directly or indirectly from the delivery of emer ing <br />10 communications services to subscribers in the local authority <br />11 Subd. 3. [ADMINISTRATIVE EXPENSES,] The commiss'fon shrill " <br />12 collect one-half percent of the ross revenues derived directly <br />13 or indirectly from the delivery of emer in communications <br />14 services to subscribers in the local authority for <br />15 administrative expenses relatin to the im lementation of this <br />16 chapter and rules adopted pursuant to this chapter <br />17 Sec. 5. [237A.05] [PUBLIC SPACE.] <br />18 Subdivision 1. [PUBLIC SPACE RESERVATION REQUIREMENT.] The <br />19 local authority may require the reservation of not more than ten <br />20 percent of the emerginq communications services for use as <br />21 public space. This ten percent reservation requirement not only <br />22 applies to spectrum or channel capacity, but also to the actual <br />23 service or technology delivered in the spectrum or channel <br />24 capacity exclusive of actual content The total reservation of <br />25 public space must not exceed ten ercent <br />26 Subd. 2. [RULES.) By January 1, 1996, the commission shall <br />27 adopt rules to im lement subdivision 1 <br />28 Subd. 3. [AVAILABLE FREE.] The reserved public space must <br />29 be made available free of char a and identified at the time a <br />30 permit is issued. <br />3b Subd. 4. [CONSIDERED PUBLIC PROPERTY.] The reserved public <br />32 space must be considered public pro erty, and the roviders of <br />33 any emerginq communications services have no control over, and <br />34 no liability for, the content of the reserved public space <br />35 Subd. 5. [UNUSED PUBLIC SPACE.] Rules adopted ursuant to <br />36 this section must provide that if the local authority determines <br /> <br />• <br />• <br />• <br />8 <br />