Intrepid, a Brookfield Infrastructure Partners (NYSE: BIP) subsidiary, petitioned the FCC to overturn Cottage Grove, Minnesota’s exclusive broadband agreement that blocks new fiber construction until 2030. Filed on August 6, the request argues the city’s deal with Gateway Fiber “materially inhibits” competition by denying right-of-way access. Cottage Grove selected Gateway in May 2025, after issuing an RFP that barred other broadband projects for at least five years once a partnership was signed.
Intrepid cited the Communications Act of 1934 in their defense preempting the City of Cottage Grove from denying access to their public right-of-way. The company said the municipality’s denial is an “unlawful barrier to entry” for the ISP.
“The City is attempting unlawfully to deny Intrepid, a licensed telecommunications operator in the state of Minnesota, access to the public right-of-way and has entered into a purportedly exclusive agreement with another provider,” Intrepid stated in its filing. “Denying Intrepid public right-of-way permits is also in violation of Minnesota law [whereby] a telecommunications right-of-way user may construct, maintain, and operate small wireless facilities, conduit, cable, switches, and related appurtenances and facilities along, across, upon, above, and under any public right-of-way.
The company stressed to the FCC that no local government unit may: “(1) unlawfully discriminate among telecommunications right-of-way users; or (2) grant a preference to any telecommunications right-of-way user.”
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