Ordinance No. 20083 - Laserfiche WebLink

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Findings for Telecommunications Ordinance 1. The City of Eugene is a home rule city whose charter is authorized by the Oregon Constitution. The Charter grants the City all powers granted or allowed by state and federal constitutions and laws. 2. Telecommunications and related technology and the legal regulations governing the telecommunications industry are evolving rapidly. The new technologies provide new opportunities for citizens to communicate with one another and to become part of a larger national and global community; they also provide challenges for local governments seeking to promote and protect their citizens' interests and to monitor the impact of the new technologies on the local community. 3. The City Council formed the Council Committee on Telecommunications on May 20, 1996, to advise the Council on telecommunications policy. After reviewing the Committee's recommendations and after extended public discussion and comment, the Council adopted a Telecommunications Policy on November 20,1996, attached hereto as Exhibit A. 4. The Council's policies guide the City's relationship to telecommunications providers. This ordinance implements, or begins to implement, those policies pertaining to use of the City's rights-of--way, compensation and treatment of competing telecommunications providers. 5. The City intends this ordinance to comply with requirements of federal and state law. To the extent that the ordinance may impose fees or other requirements that exceed the City's authority because of restrictions in state or federal law, the ordinance should be interpreted and applied to .avoid any conflicts. 6. The City's rights-of--way are vital to the movement of people, goods and services within the City. The rights-of--way are a unique public resource, acquired, developed and maintained at great expense to local citizens. 7. Rights-of--way can be partially occupied by facilities for transmission of electronic signals, among other things. Installation of conduit, wire, cable and other facilities in the right-of-way creates inconvenience for the public, and installation of facilities below a paved street accelerates deterioration of the pavement. Placement of facilities above ground often adversely affects the appearance of the community. With increased need to locate facilities under streets, it is especially important to restrict cuts into the streets and to make use of the rights-of--way as efficient as possible. 8. State and federal law authorize the City to control use of the public rights-of- way and to license operators of telecommunication systems, open video systems and Exhibit 1 - 1