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02/09/95 [REVISOR ] RR /DE 95 -1426 <br />1 installation upon or continued occupancy of public property or <br />2 public rights -of -way. <br />3 Subd. 2. (CHARGE AGAINST GROSS REVENUES.] In recognition <br />4 of the use of public property or public rights -of -way by a <br />5 person for the purpose of receiving compensation and to avoid <br />6 further subsidization of private entities through the free use <br />7 of public property and public rights -of -way, a local authority <br />8 may charge up to five percent of the gross revenues derived <br />9 directly or indirectly from the delivery of emerging <br />10 communications services to subscribers in the local authority: <br />11 <br />12 <br />13 <br />14 <br />Subd. 3. (ADMINISTRATIVE EXPENSES.] The commission shall <br />collect one -half percent of the gross revenues derived directly <br />or indirectly from the delivery of emerging communications <br />services to subscribers <br />15 administrative expenses <br />in the local authority for <br />relating to the implementation <br />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 emerging 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 percent. <br />26 Subd. 2. (RULES.] By January 1, 1996, the commission shall <br />27 adopt rules to implement subdivision 1. <br />28 Subd. 3. (AVAILABLE FREE.] The reserved public space must <br />29 be made available free of charge and identified at the time a <br />30 permit is issued. <br />31 Subd. 4. (CONSIDERED PUBLIC PROPERTY.] The reserved public <br />32 space must be considered public property, and the providers of <br />33 any emerging 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 pursuant to <br />36 this section must provide that if the local authority determines <br />8 <br />Page 53 <br />