Item 2D - 2005 Leg.Policies Doc - Laserfiche WebLink

Home Browse Search

X. TELECOMMUNICATIONS Laws such as city charters, state statutes and federal code authorize cities to manage the public rights of way Principles of Telecommunications Use of (ROW) and collect fair compensation for use by private the Public Rights of Way (ROW) providers. As cities develop, the public ROW represents a substantial public investment and resource. · Congress, Oregon courts, and the State Legislature have clearly recognized that the Congress passed the Telecommunications Act in 1996, at rights of way are a valuable public asset. the initiation of industry. Congress intended the Act to remove federal regulation as a method to encourage -Cities have a duty and obligation to manage competition wherever possible and expand universal the public rights of way for their citizens. service. By doing so, Congress anticipated that increased competition would result in better, broader service and -Preservation of city franchise fee authority lower telecommunications costs to more Americans. must be assured. Rent for Private Use of Public ROW: Procedurally, the -City authority to manage the public rights of Act continues the federal government's role as primary way must be preserved. regulator, but cities and states retain critical management -A franchise fee is not a tax. It is a business authority under the Act. The Act specifically continues operating cost incurred by providers when municipal authority to manage the public ROW and to they use the public rights of way for their receive compensation for its use, considered as rent. commercial endeavors. Recent court decisions have reaffirmed cities' rights to receive reasonable compensation - not be limited simply -Cities have legal authority for land use to 'costs' in maintaining ROW as a result of any specific decisions relating to siting of use. Reaffirmation of cities' rights was realized in a telecommunications facilities such as cell series of Oregon State Supreme Court and Federal 9th towers. Circuit legal decisions. · Existing authorities to form and operate Construction Permits for Private Use of Public ROW: municipal electric utilities must be retained. Along with the Act's ROW compensation affirmation, · Support efforts to institutionalize adequate cities are realizing that technological advancement and levels of customer service. growth contribute to the busy and crowded nature of our public ROW today. An increasing amount of activity occurs above, on and below the ROW. Residents and businesses make ordinary use of the public ROW by walking or driving on it. Others access the public ROW for extraordinary uses such as cable, natural gas, telecommunications, electricity, water and sewer lines. As users compete for access, local management of the public ROW becomes increasingly critical. Cities must be able to respond to competing needs and provide users equitable access to the public ROW. Cities City of Eugene Legislative Policies, 2005 Session 55