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12-14-2015 Council Packet
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12-14-2015 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
12/14/2015
Council Meeting Type
Regular
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o A schedule of proposed rates in relation to the services to be <br />provided, and a proposed policy regarding unusual or difficult <br />connection of services. See Exhibit 2 at p. 4 and Exhibit 3 at ¶1123- <br />27. <br />¶23- <br />27. <br />o A statement indicating the applicant's qualifications and experience <br />in the cable communications field, if any. See Exhibit 2 at pp. 4-5 <br />and Exhibit 3 at ¶¶ 6, and 35-36. <br />o An identification of the municipalities in which the applicant either <br />owns or operates a cable communications system, directly or <br />indirectly, or has outstanding franchises for which no system has <br />been built. See Exhibit 2 at p. 4 and Exhibit 3 at ¶ 37. <br />o Plans for financing the proposed system. See Exhibit 6 at p. 5 and <br />Exhibit 3 at If 38. <br />o A statement of ownership detailing the corporate organization of the <br />applicant. See Exhibit 2 at p. 5 and Exhibit 3 at ¶¶ 1-6. <br />As required by the Minnesota Cable Act, CenturyLink provided a notation and <br />explanation of omissions or other variations with respect to the requirements of the proposal. In <br />particular, CenturyLink indicated that it would not provide information relating to the area - <br />served application requirement because it believes Federal law preempts the State law 5 -year <br />build out requirement. See Exhibit 3 at ¶¶28-31 and Testimony of Jim Campbell of <br />CenturyLink.27 There was documentary and testimonial evidence received into the record <br />concerning CenturyLink's build -out of the NMTC. See Exhibit 5. While Comcast expressed <br />concern over the build -out commitment of CenturyLink if awarded a cable franchise by the <br />NMTC, there was no objection to CenturyLink explaining why it omitted build -out information <br />in its cable franchise application. <br />For purposes of complying with the state's application requirements only, CenturyLink <br />has adequately explained why it omitted a time schedule for construction of the entire system <br />with the time sequence for wiring the various parts of the area requested to be served in. <br />Therefore, it has substantially complied with the application filing requirements in state law. <br />This should not be interpreted to mean the NMTC accepts CenturyLink's position. In the event <br />that the NMTC authorizes staff to negotiate a franchise with CenturyLink, acceptable build -out <br />provisions will need to be negotiated consistent with this Report. <br />Finally, the NMTC Competitive Franchising Policies and Procedures indicate that a <br />proposed franchise must be included in a cable franchise application. A proposed franchise was <br />not included in the application. The absence of a proposed franchise does not render the <br />application as substantially incomplete. Since the Parties must negotiate a cable franchise if the <br />NMTC authorizes its staff to negotiate a franchise with the applicant, the inclusion of a proposed <br />franchise was unnecessary. In addition, it was unnecessary for assessing the qualifications of the <br />applicant. <br />27 Mr. Campbell's testimony on the 5 -Year Build Statute can be found at the 20:30 mark of the Public Hearing. See <br />FN 2 above. <br />14 <br />
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