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• <br /> 1 the Emerging Communications Services which are,placed under. <br /> 2 above or on public property or public rights-of-way. <br /> 3 Section 6. [237A.06] [COMPENSATION FOR USE OF THE RIGHT-OF-WAY.] <br /> 4 Subdivision 1. The Local Authority may charge and collect reasonable Permit fees <br /> 5 sufficient to recoup the costs of regulation. Such fee may include not only the actual <br /> 6 costs of permitting. but all expenses associated with the monitoring of Permit <br /> 7 compliance. costs associated with enforcement of PUC-regulations-and-any diminution <br /> 8 of value of public property or public rights-of-way as a result of the installation upon <br /> 9 or continued occupancy of public property or public rights-of-way. <br /> 10 Subdivision 2. In recognition of the use of public property or public rights-of-way by <br /> 11 any Person for the purpose of receiving compensation and to avoid further <br /> 12 subsidization of private entities through the free use of public property and public <br /> 13 rights-of-way, a Local Authority may charge up to 5 percent of the gross revenues <br /> 14 derived directly or indirectly from the delivery of Emerging Communications Services <br /> 15 to Subscribers in the Local Authority. <br /> 16 Subdivision 3. The PUC shall collect .5% of the gross revenues derived directly or <br /> 17 indirectly from the delivery of Emerging Communications Services to Subscribers in <br /> 18 the Local Authority for administrative expenses relating to the implementation of the <br /> 19 statute. <br /> 375832-January 24, 1995 -Page 13 <br /> Prepared jointly by the law firms of Fredrikson &Byron and Bernick and Lifson <br />