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WH LINK, LLC v. CITY OF OTSEGO

No. C7-02-2062.

664 N.W.2d 390 (2003)

WH LINK, LLC, Relator, v. CITY OF OTSEGO, Respondent.

Court of Appeals of Minnesota.

July 1, 2003.

Attorney(s) appearing for the Case

Mark J. Ayotte, Philip R. Schenkenberg, Briggs and Morgan, P.A., St. Paul, for relator.

James J. Thomson, Robert J.V. Vose, Kennedy & Graven, Chartered, Minneapolis, for respondent.

Kathleen A. Marron, Robins, Kaplan, Miller & Ciresi L.L.P., Minneapolis, for amicus curiae, Minnesota Cable Communication Association.

Gary A. Van Cleve, Larkin, Hoffman, Daly & Lindgren, Ltd., Bloomington; and Paul Glist (pro hac vice), Cole Raywid & Braverman, L.L.P., Washington, DC, for amicus curiae, Charter Communications, Inc.

Susan L. Naughton, League of Minnesota Cities, St. Paul, for amicus curiae, League of Minnesota Cities.

Considered and decided by LANSING, Presiding Judge, PETERSON, Judge, and WRIGHT, Judge.

OPINION

LANSING, Judge.

This appeal involves a dispute between a city and a telecommunications carrier over whether the carrier must comply with state-law requirements governing cable-television systems in order to provide video programming to its local telephone customers over an open-video system. The city approved the carrier's application for a cable franchise, conditioned on the carrier's acceptance of a service-area requirement under the "level playing...

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