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Council hears case for broadband franchising, asks staff to keep monitoring regional pilots
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Summary
On March 16 the Roseville City Council heard from attorney Mike Bradley about a new approach to franchise broadband providers that could require five-year buildouts, customer-service accountability and a 5% franchise fee; council members split between moving quickly and waiting to see how Woodbury's pilot and possible litigation proceed, and asked staff to continue study and regional coordination.
Roseville — The City Council on March 16 heard a presentation about franchising broadband providers and asked staff to continue exploring the idea rather than adopting an ordinance immediately.
Mike Bradley, outside counsel who represents a regional communications commission, told the council that a broadband franchise can secure "equal access to broadband for all residents," require a reasonable build-out schedule (the state statute and the Woodbury example envision a five-year build-out) and create a local customer-service backstop. He also said the commission negotiated a 5% franchise fee in the Woodbury arrangement.
Bradley framed the legal question that prompted the renewed interest: a recent federal appellate decision and related precedent treat broadband differently under federal and state law, and in Minnesota the legal argument that broadband can be regulated as a "cable communication system" has enabled at least one city to negotiate a franchise.
Residents who spoke during the public-comment period urged caution about costs. "I don't think you can convince me it's not a tax," said resident Andy, arguing that franchise fees typically appear on consumer bills and asking for clearer examples of direct benefits to typical internet users.
Council members debated whether Roseville should be an early adopter or watch how Woodbury's pilot and any resulting litigation unfold. Some members urged patience to avoid expensive legal battles; others said continued participation in North Suburban Communications Commission discussions and more information-gathering are appropriate next steps.
Mayor Rowe and city staff said no franchise ordinance was adopted at the meeting; instead, council direction was to keep discussing the issue and for staff and the commission to return with more detail. Mike Bradley said a franchise also can provide "customer service" remedies and negotiated discounts for seniors and disabled residents.
What happens next: staff will continue to monitor developments in neighboring cities and return to the council with additional analysis and possible policy options; no final vote or ordinance was adopted at the March 16 meeting.
