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2. Minimizing impact during and after construction <br /> a. Construction schedules and coordination <br /> b. Cooperation in siting utilities, shared conduit, pole attachment rules <br /> c. Construction standards <br /> d. Preserving the public’s right of use to the maximum extent possible <br />3. Preserving a public asset: restoration and repair <br /> a. Requiring restoration <br /> b. Bonding and performance securities <br />4. Managing an increasingly scarce asset <br /> a. Directing alternative routes <br /> b. Shared conduit, oversizing facilities to accommodate growth <br /> Because none of these requirements are specifically called out in state law or in federal <br />law, they should be provided for in city code or at a minimum, in each franchise. Dusting off the <br />20-year-old electric company franchise and changing the dates doesn’t work in today’s <br />competitive climate. Cities and counties should have uniform public works requirements for <br />permitting, and construction standards should be in place and clearly communicated to any staff <br />that might come into contact with applicants seeking entry into the right of way. <br />B. Compensation: Objectives <br /> The second major responsibility of right of way management is to obtain fair value for <br />the use of a valuable public asset. The municipality manages that asset on behalf of its owners. <br />The goals of municipal regulation of the rights of way as they relate to franchising users of those <br />rights of way are, broadly stated: <br />1. To compensate the public for cost of management, use, occupancy, and degradation <br />of a public asset; and <br />2. To achieve competitive neutrality among various users of the right of way, as required <br />by Section 253 of the 1996 Telecommunications Act. <br />Developments in both of these areas of municipal regulation are discussed in the next section. <br />____________________ <br />V. DLSPTA <br />EVELOPMENTS IN THE AWINCE ASSAGE OF THE ELECOMMUNICATIONS CT OF <br />1996 <br />A. Local authority to manage the right of way and to receive compensation <br /> Section 253(c) of the 1996 Act preserves local government authority to regulate the right <br />of way, and to receive fair compensation for that use, subject to two basic restrictions: that the <br />compensation received is fair and reasonable; and that access to the right of way is given on a <br />competitively neutral and nondiscriminatory basis. Not surprisingly, these two restrictions have <br />Right of Way Management and Compensation Page 8 of 15 <br />APWA Fall Conference - 2005 <br /> <br />