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

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Wireless Facility Zoning and Siting: Along with cities' authority to manage the public ROW for their citizens, the Act also affirmed cities' have legal authority over land use decisions relating to the placement of telecommunications facilities such as cell towers. This authority allows cities to protect the livability of their communities. The cities' authority in this area should not be curtailed. Municipal Provision of Telecommunications Services: In keeping with Congressional efforts to increase competition through the Act, cities and municipal utilities should continue to have direct authority to provide telecommunications services for themselves and on a for-hire basis as desired. Recent federal appellate decisions have reaffirmed cities rights under the Act. Telecommunications policy remains a critical issue for cities in the 2005. Legislative decisions in the telecommunications arena could have an enormous impact on city authority and revenues. In addition to new attacks on long-standing municipal policies and standards, advancing technology and changes in the industry create a challenge to cities' long standing inherent authority over certain telecommunications issues. Recommendations: 1. Support existing city responsibility to manage the public ROW, including opposing the preemption of any portion of Eugene's Telecommunications ordinances, recently upheld by the Oregon Supreme Court. 2. Support existing city right and duty to negotiate and collect fair compensation from telecommunications and cable providers for use of public infrastructure and ROW. 3. Support clear and forthright billing practices between telecommunication providers who use the public ROW and their customers. Providers should treat any costs they incur from using the public ROW as a business operating cost, not as a tax. 4. Support current city zoning authority regarding the siting of telecommunications towers and other facilities. 5. Support existing ability of cities and municipal utilities (i.e., Eugene Water and Electric Board) to own, operate, construct and provide telecommunications services on a level playing field with private providers. Oppose any attempt to pre-empt this activity. 6. Support existing local authority to make decisions regarding acceptable in-kind services in lieu of franchise fees for use of the public ROW. Oppose any attempt to preempt local use of in-kind agreements as a method of valid compensation. City of Eugene Legislative Policies, 2005 Session 57