07-24-1996 Council Agenda - Laserfiche WebLink

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JUN 05 '96 01:25PM LEAGUE OF MN CITIES P.1 LAIC Laogw f MMnao. Citia 06.. proma ing smrllina FRIDAYFAX Vol. 1, No. 13 A weekly legislative update from the League of Minnesota Cities June 5, 1996 SPECIAL EDITION Lawsuit dismissed, but issue is far from settled PUC, legislative actions still to come In the wake of the District Court decision to dismiss the US West lawsuit against Redwood Falls, Minnesota city officials should be satisfied with the outcome, but wary of the future. "We are obviously very pleased with the District Court ruling," said Jim Miller, League of Minnesota Cities Executive Direc- tor. "However, we know full well that this decision will not finally resolve the issue. Cities need to prepare and implement a long term strategy for shaping a state telecommunications and utility right of way policy." Late Friday afternoon, Judge George Harrelson of the Fifth District Court dismissed a lawsuit brought by US West against the City of Redwood Falls asking for preemption of local regulation. US West claimed that the state Public Utilities Commission (PUC) has exclusive authority over the construction of telephone lines and that cities do not have the authority to regulate how fiber optic cable must be installed or determine how much private utilities must pay to use city streets. US West objected to a Red- wood Falls ordinance requiring utilities burying major trunk fiber optic cable to either encase it in concrete or limit the city's liability. After considering potential state- wide implications, the League of Minnesota Cities Board of Direc- tors authorized League interven- tion on behalf of Redwood Falls. In the joint motion to dismiss the case, the League and Redwood Falls argued that state law autho- rizes cities to regulate the con- struction and maintenance of utility Tines within streets, alleys, and other public grounds. The suit in District Court is only part of US West's strategy to challenge local control of the public rights of way. US West has also asked the Minnesota Public Utilities Commission to intervene and take control of local rights of way. That decision is expected later this summer. "It's important to remember that the proceedings initiated by US West with the Public Utilities Commission remain an immedi- ate concern," said Miller. "Any PUC action will not be directly affected by the District Court ruling" In his order dismissing the lawsuit, Judge Harrelson wrote "...The Minnesota Legislature has not divested Minnesota cities of their right to impose reasonable Page 83 regulations and to charge a rea- sonable franchise fee for the use of their streets and services!' The judge's order, which US West is expected to appeal, does not preclude US West or other telecommunications providers from bringing additional district court actions alleging improper or excessive regulation. If your city needs further Information or assistance in establishing defensible regulations that meet your city specific needs, please contact the League. Control of public rights of way is high on the agenda as cities gather next week in Rochester for the League of Minnesota Cities Annual Conference. At the League Annual Meeting, mem- ber cities will discuss an ambi- tious and unique work program related to the right of way issue. As proposed, this work program contemplates a substantial additional financial commitment from members. City officials do not need to register for the Annual Conference to attend the Annual Meeting on Thursday afternoon. 0 a repre- sentative of your city can not attend the Annual Meeting, we encourage you to contact us regarding your thoughts on this matter.