A dispute between Minnesota cities and broadband provider Gateway Fiber is escalating at the Federal Communications Commission, with both sides accusing the other of delaying fiber deployment and misrepresenting state franchising law.
Gateway Fiber, a Missouri-based broadband provider led by CEO Chris Surdo, recently asked the FCC to intervene after several Minnesota cities allegedly refused to issue right-of-way permits unless the company first obtained local cable franchise agreements.
Blandin on Broadband
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Disclaimer: I’m not an attorney and probably don’t know what I’m talking about!!! 🙂
It seems strange to me that Gateway Fiber has taken this to the FCC. I wonder if they have acquired legal services from a qualified MINNESOTA firm that specializes in telecommunications law? The law is fairly complex and has plenty of “grey areas”, but, Minn. Stat. § 237.163, subd. 7(a)(4) expressly prohibits local government units from requiring a franchise or payment for the use of right-of-way:
237.163 USE AND REGULATION OF PUBLIC RIGHT-OF-WAY.
[…]
Subd. 7.Additional right-of-way provisions.
(a) In managing the public rights-of-way and in imposing fees under this section, no local government unit may:
(1) unlawfully discriminate among telecommunications right-of-way users;
(2) grant a preference to any telecommunications right-of-way user;
(3) create or erect any unreasonable requirement for entry to the public rights-of-way by telecommunications right-of-way users; or
(4) require a telecommunications right-of-way user to obtain a franchise or pay for the use of the right-of-way.
Interesting perspective!
The intent for that law is for small wireless providers but it could easily be interpreted to apply to wired internet providers. Cities are using MN cable franchising laws to require internet providers that don’t provide multi-channel video services to get a franchise agreement. Which makes sense as why should one company pay and another doesn’t when the only difference is whether they offer video services. For-profit companies shouldn’t get free rent in public rights-of-way, that land is way too valuable.