Item A: Adoption of 2007 Legislative Policies

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In conclusion, fair and reasonable compensation for use of the public ROW should continue to be collected from service providers. Management authority should alsoremain localized to allow cities to meet existing and future federal requirements for nondiscriminatory access. Increasing use of ROW also increases the need for adequate construction and safety criteria. Cities, consulting with appropriate engineering resources, should be responsible for creating and enforcing standards that ensure effective ROW management and accessibility. Related Issues: Provider Fee Pass-Through to Customers: Some providers directly pass all or part of their cost for their business use of the public right-of-way onto their customers by calling it a tax on their customers’ telephone bills. Such a cost is not a tax. It is a business operating cost incurred by providers when they use the public ROW. When the cost is directly passed through to the customer, the citizen is, in effect, paying the telecommunications provider for the providers’ privilege to use that citizen’s publicly managed ROW. Such a practice is a misrepresentation of billing to telecommunications customers. With few exceptions, providers are not required to pass on these particular expenses to customers; they choose to do so, as allowed but not required by federal law. 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. Telco Operated Video Services: Within the last couple of years, telecommunications provides, such as Verizon have developed the technological expertise to offer video programming services over their look and act telecommunications lines. Whether to be treated as a cable provider, since they like a cable provider, has been the discussion in other state legislatures and in Congress. Industry has moved from state to state with prepared legislation that calls for State, not local, video programming franchising when offered by Telecommunications companies. Many bills have already been adopted, most notably California, that are not beneficial to cities from a programmatic, financial, or consumer perspective. Telecommunications policy remains a critical issue for cities facing the 2007 Oregon legislative session. 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 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 Updated on: 11/6/2006 By: Last saved by ceexmfw 76