Item A: Adoption of 2007 Legislative Policies

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2. Support proposals to limit the extent to which an initiated constitutional amendment can require the state and/or local governments to make appropriations or incur expenditures in excess of a certain amount to be fixed by law. 3. Support legislation requiring that prospective petitions be submitted to an appropriate state agency (Legislative Counsel or Attorney General) for advisory technical review prior to approval for circulation. X. T,, ELECOMMUNICATIONS CABLE COMMUNICATIONS AND BU, ROADBAND SE OF THE PUBLIC WAY INCLUDING VOICE OVER INTERNET PROTOCAL (VIP) Principles of Communications Use of the O Public Rights of Way (ROW) Congress, Oregon courts, and the State P Legislature have clearly recognized that the Under federal, state and local law, cities have authority to rights of way are a valuable public asset. manage the public right of way (ROW) and collect fair compensation for its use by private communications Cities have a duty and obligation to manage P providers. As cities develop, the public ROW represents the public rights of way for their citizens. a substantial public investment and resource. Preservation of city franchise fee authority P When Congress passed the Telecommunications Act in must be assured. 1996. To encourage competition, the Act limited federal, state and local regulation. Congress anticipated that City authority to manage the public rights of P increased competition would result in better, broader way must be preserved. service and lower telecommunications costs to more Americans. However, the Act expressly preserved local authority to manage the ROW, charge reasonable fees for A franchise fee is not a tax. It is a business P commercial use of the ROW and impose certain fees and operating cost incurred by providers when they use the public rights of way for their taxes. commercial endeavors. After a decade of court decisions across the nation, local Cities have legal authority for land use P and state legislative reactions, Senate Bill 150 (Wyden) decisions relating to siting of in 2004, and a pending 2006 federal re-write of portions telecommunications and related facilities such as cell towers. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Existing authorities to form and operate P Updated on: 11/6/2006 By: Last saved by ceexmfw municipal electric utilities must be retained. 74 Support efforts to institutionalize adequate P levels of customer service.