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<br />Bradley Werner, LLC <br /> <br />2145 Woodlane Drive Suite 106 Woodbury, MN 55125 (651) 379-0900 BradleyWerner.com <br /> <br /> <br /> <br />MEMORANDUM <br /> <br />To: Ramsey/Washington Counties Suburban Cable Communications Commission <br />From: Michael R. Bradley <br />Re: Broadband Franchising <br />Date: October 30, 2025 <br /> <br /> <br />Franchise Basics <br /> In simple terms, a franchise is an authorization from a local government entity to a <br />company to use the public rights-of-way to provide services to area residents. <br /> <br />Benefits of Franchising <br />There are many proven benefits of franchising, such as build-out requirements, customer <br />service standards, compliance with the City's right-of-way standards, the payment of franchise <br />fees, and the provision of other public benefits. <br /> <br />Franchising Authority in this Area <br /> The Ramsey/Washington Counties Suburban Cable Communications Commission has <br />been delegated the authority to negotiate and manage the cable communications systems on <br />behalf of its member cities. The Commission has administered the franchises for the area for 40+ <br />years. <br /> <br />Broadband is Not a Telecommunications Service <br /> Earlier this year, the U.S. Court of Appeals in a Hobbs Act review of an FCC Order held <br />that broadband is not a telecommunications service. Ohio Telecom Ass'n v. FCC (In re MCP No. <br />185), 124 F.4th 993 (6th Cir. 2025). This decision has caused cities in Minnesota to reevaluate <br />where broadband-only providers fall under state law. Since broadband is not a <br />telecommunications service under federal law, it is similarly not likely to be under state law. <br />Instead, it is more likely that a broadband system is a “cable communications system.” A "cable <br />communications system" is a system that provides "data, or communications content service." <br />See Minn. Stat. § 238.02, Subd. 3 and 31. This definition is much broader than a cable television <br />system or “cable system” as that term is defined in federal law. See, e.g. WH Link, LLC v. City of <br />Otsego, 664 N.W.2d 390 (Minn. Ct. App. 2003) (OVS provider using internet protocol is a cable <br />communications system). If the City determines that a permit applicant is constructing a cable <br />communications system, it could instruct the applicant to obtain a franchise from the <br />Commission as a prerequisite to issuing permits. <br /> <br />Minnesota’s First Broadband Franchise <br /> A similar commission just negotiated and executed the first broadband franchise in the <br />state for the City of Woodbury area. Additional information and links can be found here. More <br />information on the benefits of local franchising can be found here. We would be happy to review <br />this further with any of the Commission’s Member Cities and their respective city attorneys.