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Telecommunications Seminar Notes <br /> Chris Makowske <br /> February 22, 1996 <br /> Vast Public Resource - Public Property (Public Rights-of-Way) <br /> Balance: Cities police powers ("control and manage") vs. "cannot obstruct proliferation" <br /> Federal Law: Nothing shall prohibit state and local governments from managing public rights <br /> of way and from charging reasonable fees. <br /> Recommended to adopt an ordinance: <br /> 1. Plan to manage public rights of way. <br /> 2. Expand permitting oversight: <br /> • Maintenance permits - cover the administrative cost of permits (inspection, filing) <br /> • Fee for diminution.of value of right of way (cuts in streets) <br /> • Rent- for occupying public property <br /> 3. Set fee schedule. <br /> Broaden our definition of utilities: Cable, AT&T, US West, US Sprint, etc., personal <br /> communications systems, data transmission, etc., Open Video Services (phone company with <br /> cable). <br /> Recommend adding a Telecommunications Plan as part of the comprehensive planning process: <br /> • Do an assessment of existing telecommunications utilities over rights of way. <br /> • Action/Implementation plan. "ABC Fiber will go down XYZ street." <br /> • Remember this becomes an economic development issue for people working at home, <br /> attracting new businesses, keeping existing businesses, updating, and include public <br /> information, education, and government access (institutional connections) in mind. <br /> Change 5% franchise fee to a non-discriminatory, non-competitive fee reflecting what is fair, <br /> just and reasonable. <br /> 1. Permit fee. <br /> 2. Initial cut fee to offset decrease in useful life (based on linear foot of cut) <br /> 3. Fair rental value of rights of way occupancy and use of public utility polls (all share equally <br /> in maintenance) <br />_ i <br />