Agenda Packets - 1997/03/24 - Laserfiche WebLink

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I F 7) fl i n i "yam . �� Ult. iii t I 0 N LY 145 University Avenue West, St. Paul, MN 55103-2044 League of Minnesota Cities Phone: (612) 281-1200 • (800) 925-1122 Cities promoting excellence Fax: (612) 281-1299 • TDD (612) 281-1290 Right-of-Way Management & Compensation Briefing Paper Issue synopsis/League position: Telecommunications service providers have directly challenged cities' authority to manage public rights-of-way. During the debate over the federal Telecommunications Act of 1996, the telecommunications industry fought in vain to pre-empt local control. However, under the enacted law, municipalities were given explicit authority to manage the public rights-of-way. The federal deregulation act only marked the beginning of an emerging local government issue. The issue first began to emerge inMinnesotaas US West filed a lawsuit in Redwood County challenging a Redwood Falls right-of-way management ordinance. Although the district court found in favor of the city, a subsequent appeals court decision overturned the lower court. The case in now on appeal to the Minnesota Supreme Court. Now the battle has moved to the state legislature,where the urgency of the issue has emerged as • demand for limited space in the right-of-way has increased under telecommunications competition. Cities insist that local government must be able to protect and manage the use of a limited right-of- way resource acquired and maintained by property taxpayers. The League has mounted a comprehensive legal and legislative effort to uphold cities' fundamental responsibility for management of the right-of-way. This management role includes the ability to recover all costs and expenses associated with the right-of-way and to obtain reasonable compensation for its use. Hearings begin today at 12:30 p.m., on H.F. 322 (Jennings) in the House Regulated Industries & Energy Committee. Messages for legislators: . • A bill must be passed out of this committee. It is in the telecommunications industry's interest that no legislation be approved this year. If that occurs, the rights of cities to manage the right of way will remain unclear and chaos could result. The deadline for passage out of this committee is March 26; it is imperative that the committee approve the bill this Thursday. • Management authority. The bill as currently drafted contains substantial clarifying language outlining the necessary controls cities need to manage the right of way. It is important that this language remain. • • Cost recovery. As currently drafted, the bill would allow cities to recover their cost for right of way management and obligate utilities to compensate cities for damage done to the life of AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER