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12/ Municipal Lawyer
<br />Broadband cont’d from page 11 subscribers because of the income
<br />of the residents of the local area in
<br />which such group resides.”)
<br />32. See, e.g., City of Philadelphia 621
<br />Comments, at 9; National Associa-
<br />tion of Telecommunications Officers
<br />and Advisors, et al. Comments, In re
<br />Implementation of Section 621(a)(1)
<br />of the Cable Communications Policy
<br />Act of 1984, as amended by the Cable
<br />Television Consumer Protection and
<br />Competition Act of 1992, MB Docket
<br />No. 05-311, at 10 (Nov. 14, 2018)
<br />(“NATOA 621 Comments”).
<br />33. League of Minnesota Cities Digi-
<br />tal Discrimination Comments, at 2.
<br />34. National League of Cities Digital
<br />Discrimination Comments, In re Im-
<br />plementing the Infrastructure Invest-
<br />ment and Jobs Act: Prevention and
<br />Elimination of Digital Discrimination,
<br />GN Docket No. 22-69, at 1 (Feb. 21,
<br />2023).
<br />35. See Digital Discrimination Order,
<br />at ¶¶ 175-178.
<br />36. Recommendations and Best Prac-
<br />tices to Prevent Digital Discrimination
<br />and Promote Digital Equity Submit-
<br />ted to the Federal Communications
<br />Commission by the Working Groups
<br />of the Communications Equity and
<br />Diversity Council, at 31, https://www.
<br />fcc.gov/sites/default/files/cedc-digi-
<br />tal-discrimination-report-110722.pdf
<br />(Nov. 7, 2022).
<br />37. See note 2 supra.
<br />38. See e.g., Joe Supan, Could the
<br />Election Revive the Affordable
<br />Connectivity Program?, CNET,
<br />https://www.cnet.com/home/internet/
<br />could-the-election-revive-the-afford-
<br />able-connectivity-program/ (last
<br />visited October 30, 2024).
<br />39. See, e.g., 47 U.S.C. § 546(b)(2);
<br />Northwest Suburbs Cable Communi-
<br />cations Commission Cable Franchise
<br />Ordinance with King Videocable
<br />Company - Minnesota, Section 5.4
<br />(Upgrade of Home Subscriber Net-
<br />work) (November 20, 1997).
<br />40. See 47 U.S.C. § 541(a)(3) (“In
<br />awarding a franchise or franchises, a
<br />franchising authority shall assure that
<br />access to cable service is not denied to
<br />any group of potential residential ca-
<br />ble subscribers because of the income
<br />of the residents of the local area in
<br />which such group resides.”)
<br />41. An example of the equitable
<br />buildout language stated in part:
<br />The Parties agree that the following
<br />is a reasonable build-out schedule
<br />taking into consideration Grantee’s
<br />market success and the requirements
<br />of Minnesota state law.
<br />(i) Complete Equitable Build-Out.
<br />Grantee aspires to provide cable
<br />service to all households within
<br />the City by the end of the initial
<br />term of this Franchise. In addition,
<br />Grantee commits that a significant
<br />portion of its investment will be
<br />targeted to areas below the median
<br />income in the City.
<br />(ii) Initial Minimum Build-Out
<br />Commitment. Grantee agrees to
<br />be capable of serving a minimum
<br />of fifteen percent (15%) of the
<br />City’s households with cable ser-
<br />vice during the first two (2) years
<br />of the initial Franchise term, pro-
<br />vided, however that Grantee will
<br />make its best efforts to complete
<br />such deployment within a shorter
<br />period of time. This initial mini-
<br />mum build-out commitment shall
<br />include deployment to households
<br />in every Ward in the City and to
<br />a significant number of house-
<br />holds below the medium income
<br />in the City. Nothing in this Fran-
<br />chise shall restrict Grantee from
<br />serving additional households in
<br />the City with cable service; ...
<br />See A Cable Television Franchise
<br />Agreement Between City of Minne-
<br />apolis, Minnesota and Qwest Broad-
<br />band Services, Inc., D/B/A Centu-
<br />ryLink, City of Minneapolis Code of
<br />Ordinances, Appendix H, Chapter 2,
<br />Section 1.2 (2014) (emphasis added).
<br />42. See City of Philadelphia Digital
<br />Discrimination Comments, at 8-9
<br />(City of Minneapolis, the Northwest
<br />Ellrod III & Nicholas P. Miller, Prop-
<br />erty Rights, Federalism, and the Public
<br />Rights of Way, 26 Seattle U. L. Rev.
<br />475 (2003).
<br />26. See, e.g., Comments of the City of
<br />Philadelphia, et al., at 7, In re Imple-
<br />menting the Infrastructure Investment
<br />and Jobs Act: Prevention and Elimi-
<br />nation of Digital Discrimination, GN
<br />Docket No. 22-69, https://www.fcc.
<br />gov/ecfs/document/1022165457449/1
<br />(Feb. 21, 2023) (“City of Philadelphia
<br />Digital Discrimination Comments”).
<br />27. See e.g., City of Philadelphia
<br />Digital Discrimination Comments at 7;
<br />Comments of the League of Minneso-
<br />ta Cities, at 2; In re Implementing the
<br />Infrastructure Investment and Jobs Act:
<br />Prevention and Elimination of Digital
<br />Discrimination, GN Docket No. 22-69,
<br />at 2, https://www.fcc.gov/ecfs/docu-
<br />ment/10222116501122/1 (Feb. 21,
<br />2023) (“League of Minnesota Cities
<br />Digital Discrimination Comments”).
<br />28. Id.
<br />29. See, e.g., City of St. Louis v. West-
<br />ern Union Tel. Co., 148 U.S. 92 (1893)
<br />(upholding regulations of telegraph
<br />company’s use of rights-of-way); Com-
<br />ments of the City of Philadelphia, et al.,
<br />In re Implementation of Section 621(a)
<br />(1) of the Cable Communications Poli-
<br />cy Act of 1984, as amended by the Ca-
<br />ble Television Consumer Protection and
<br />Competition Act of 1992, MB Docket
<br />No. 05-311, at 9-12, https://www.fcc.
<br />gov/ecfs/document/11141552701020/1
<br />(November 14, 2018). (“City of Phila-
<br />delphia 621 Comments”).
<br />30. See, e.g., 47 U.S.C. § 546(b)(2);
<br />Northwest Suburbs Cable Communi-
<br />cations Commission Cable Franchise
<br />Ordinance with King Videocable Com-
<br />pany - Minnesota, Section 5.4 (Upgrade
<br />of Home Subscriber Network) (Novem-
<br />ber 20, 1997).
<br />31. See 47 U.S.C. § 541(a)(3) (“In
<br />awarding a franchise or franchises, a
<br />franchising authority shall assure that
<br />access to cable service is not denied to
<br />any group of potential residential cable
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